Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (KlesKing eGbR) via the website www.merchmotten.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order summary.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Special agreements regarding offered payment methods
(1) Payment via Klarna
In cooperation with We offer the following payment options through Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden. Payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from the date of dispatch of the goods/tickets or, in the case of other services, from the date the service is made available. The complete invoicing terms and conditions for the countries where this payment method is available can be found here: Germany .
The use of payment methods such as invoice, installment payment, and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for address and credit verification as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
You can find more information and Klarna's terms of use here. Here you can find general information about Klarna. Here . Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in [link/section]. Klarna's privacy policy is covered.
You can find more information about Klarna here. Here you can find the Klarna app. here .
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 7 Right of withdrawal
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.)
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- on which you or a third party designated by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered together;
- on which you or a third party designated by you, who is not the carrier, took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately.
We reserve the right to restrict returns or review future orders in cases of repeated returns due to incorrect sizing or obvious abuse of the right of withdrawal. This measure is taken solely within the framework of applicable legal regulations and serves to ensure fair conditions for all customers.
To exercise your right of withdrawal, you must inform us (Klesking eGbR , email address: info@merchmotten.de ) of your decision to withdraw from this contract by means of a clear statement (e.g., by email or via the contact form). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Please do not return the goods without notifying us beforehand, as these packages cannot be processed or accepted! After you have notified us, you will receive all the necessary information for the return (return address and return label which must be included with the return).
For returns that are not sent to the correct return address, we reserve the right to deduct a flat fee of EUR 5.00 for processing costs from the amount to be refunded.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option or failed to return the goods to the correct return address), without undue delay and no later than 14 days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
Returned items must be in perfect , resalable condition.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
- To KlesKing eGbR, email address: info@merchmotten.de:
- I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
- Date
(*) Delete as appropriate
II. Customer Information
1. Seller's identity
KlesKing eGbR
Krähenfeld 2
45479 Mülheim an der Ruhr
Represented by:
Yves-Robyn Klesing
Dustin Karim Klesing
Email: info@merchmotten.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr .
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
Country of origin : Our products are manufactured in various countries, including the USA, Mexico, and the EU. The specific country of origin for each product can be provided upon request.
Materials and composition : The exact materials and composition of our products vary depending on the item. Details about the materials can be found on the respective product pages.
Environmental friendliness and sustainability : Our supplier is committed to environmentally friendly practices and sustainability. They use environmentally friendly inks for printing and strive to minimize waste.
Recycling and disposal : We recommend recycling or reusing our products whenever possible. Information on proper disposal and recycling options can be obtained from your local authorities or recycling centers.
Packaging : We use minimal packaging to reduce waste. Our packaging is recyclable, and we encourage our customers to dispose of it properly. Should you have any further questions about the products or our environmental initiatives, please do not hesitate to contact us.
In accordance with the General Product Safety Regulation (GPSR), KlesKing eGbR guarantees that all consumer products offered are safe and comply with EU standards. For questions or concerns regarding product safety, please contact us at info@klesking.de or by mail at Krähenfeld 2, 45479 Mülheim an der Ruhr, Germany.
The other essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.
5.4. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
February 27, 2024