GENERAL CONDITIONS OF SALE

MerryTune ("MerryTune") operates the homepage merrytune.de and the associated sub-domains and individual websites (collectively referred to as "the homepage").
MerryTune, Alte Schoenhauser Str. 16, 10119 Berlin, Germany; E-mail: info@merrytune.de; Phone: +49 30 27897270; VAT ID no .: DE 31 796 8848.

Contact details and other information about MerryTune can be found on the homepage.

1. General

1.1 These general conditions of sale ("Conditions of Sale") apply if you as a consumer ("Customer") place an order on the homepage. The sales conditions only apply to customers who are consumers and who place orders via the homepage. For the purposes of these conditions of sale, a consumer is any natural person who concludes the contract for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

1.2 In order to be able to place orders on the homepage, the customer must be at least 18 years old and have an address in Germany. MerryTune reserves the right to refuse or change an order from a customer in individual cases (in the manner set out in the “Contract and Order” section below).

1.3 MerryTune reserves the right that individual products are not in stock or are sold out, as well as possible image or typographical errors on the homepage. This includes errors in the product description or errors in the context of technical specifications, incorrect price information or incorrect information about whether a product is in stock. MerryTune has the right to correct any errors that may occur at any time and to change or update the information on the homepage accordingly.

1.4 The customer can contact MerryTune's customer service department at any time. The contact details can be found on the MerryTune homepage. MerryTune tries to answer all inquiries within 24 hours (during normal working hours, i.e. on weekdays from 8 a.m. to 4 p.m.).

2. Contract and order

2.1 In order to complete a purchase via the homepage, the customer must agree to these conditions of sale. By placing an order via the homepage, the customer agrees to the terms of sale including the terms of use for the MerryTune homepage.

2.2 The presentation / promotion of the articles does not constitute a legally binding offer, but an invitation to the customer to submit a binding offer to MerryTune. This offer can be submitted to MerryTune by sending the items placed in the shopping cart (click on the "Buy" button). MerryTune then sends an order confirmation to the e-mail address that the customer specified when placing the order. This email only confirms that we have received the order; a contract is not yet concluded. The customer should keep this order confirmation for possible contact with MerryTune customer service. The customer can cancel his order until it has been confirmed by MerryTune, and any payments made by the customer or his payment or credit card company in relation to the order will be refunded in such a case. An effective contract is only concluded when MerryTune accepts the customer's offer by requesting payment after placing the order, by sending a declaration of acceptance (order confirmation) by email or by telephone or by delivering the goods.

2.3 MerryTune reserves the right to cancel an order if it contains incorrect personal information or if the customer is unable to pay.

3. Customer data, inter alia.

3.1 When placing an order, the customer is asked to provide certain personal data. The customer confirms that the data he has entered is correct and complete and is liable for incorrectly entered information in accordance with the statutory provisions.

3.2 MerryTune processes personal data in accordance with the applicable data protection regulations and the terms of use for the MerryTune homepage (see point 4 above).

4. Prices, Fees, and Payment

4.1 When ordering via the homepage, the prices stated on the homepage apply. Prices are given in euros and include VAT. The prices do not include payment, shipping, invoicing or similar costs; these can be added and are specified separately in the ordering process.

4.2 MerryTune reserves the right to any printing or typing errors in the price information. The customer will be informed of any price adjustments in the case of orders placed, who then has the right to change or revoke his offer upon conclusion of the contract.

4.3 The possible forms of payment are indicated on the homepage. MerryTune uses third party payment services. The providers of these payment services have their own terms of use. regulate the treatment of personal data of customers. These terms of use are accessible if the customer chooses the form of payment.

4.4 MerryTune has the right to request payment from the customer in connection with the order if the customer does not choose to pay against invoice or the like. When paying by invoice or by installments, MerryTune or the payment solution provider can request a credit report. In the event of default in payment or non-payment, default interest will be charged in accordance with the statutory provisions, and the customer is also obliged to provide compensation for the written reminder.

5. Campaigns and Specials

5.1 MerryTune can run campaigns on the homepage on certain occasions. Conditions other than those set out in these Conditions of Sale may apply to such campaigns. The campaign terms apply to the period of the campaign as well as to certain goods that are the subject of the campaign. MerryTune reserves the right to end such campaigns at any time. Special offers for certain goods on the homepage are valid for a limited time, but no longer than stocks last.

6. Delivery and transportation

6.1 Goods that are marked as in stock will be delivered within the number of working days stated on the homepage.

6.2 MerryTune does everything possible to deliver goods as quickly as possible, but unfortunately delays can sometimes occur. The expected delivery time for the goods is shown in the order confirmation, the information at the checkout and the relevant goods page on the homepage. If a product cannot be delivered on time, MerryTune will send an email notification to the customer with the relevant information.

6.3 Parcels are to be picked up by the customer within the period specified on the notification. As a rule, parcels must be picked up personally by presenting a valid identity card and the order number. The customer always receives a notification stating when and where the package can be picked up. The notification can be made by SMS, by post, by e-mail or by telephone. In the case of packages that have not been picked up, MerryTune reserves the right to charge the customer for the costs of the return, the shipping costs and a processing fee.

7. Right of withdrawal

7.1 When purchasing goods on the homepage, a right of withdrawal of 14 days always applies. This means that the customer has the right to revoke his purchase by giving a corresponding notification within 14 days after the customer or a person of trust of the customer has accepted the goods ("revocation period").

7.2 Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving a reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

To exercise your right of withdrawal, you must send us (MerryTune email: info@merrytune.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

7.3 Consequences of Withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

7.4 Exclusion of the right of withdrawal

According to the law, the right of withdrawal does not apply to:

• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal also expires in the event of:

• Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

8. Guarantee and Warranty

8.1 MerryTune is liable for material or legal defects of delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

8.2 Any seller guarantees given by Merrytune for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Section 8.1. Details of the scope of such guarantees result from the product description of the goods.

9. Liability

9.1 MerryTune is liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

9.2 In other cases, MerryTune is only liable - unless otherwise regulated in Section 9.3 - in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on compliance (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, MerryTune's liability is excluded, subject to the provision in Section 9.3.

9.3 MerryTune's liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

10. Changes to the conditions of sale

10.1 MerryTune reserves the right to make changes to these conditions of sale at any time and at its own discretion without prior notice. If MerryTune changes these conditions of sale, MerryTune will make the new conditions of sale available on its homepage. Changes apply from the time the customer agrees to the terms of sale (in connection with a new purchase or when visiting the homepage), or 30 days after MerryTune has informed the customer of the changes. MerryTune recommends that the customer keep himself up to date on the homepage regularly in order to take notice of any changes to the conditions of sale.

For every purchase made by the customer, however, the terms and conditions of sale that were in effect at the time the customer placed the respective order apply.

11. Invalidity

11.1 Should any provisions in these Conditions of Sale or parts thereof prove to be invalid or unenforceable on a legal review, this does not mean that the Conditions of Sale are invalid in their entirety. Instead, an appropriate amendment to the invalid provisions must be made so that they are valid and enforceable to the extent that the applicable law allows.

12. Applicable law and place of jurisdiction

12.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

12.2 The applicable statutory provisions apply to the local and international jurisdiction of courts.

12.3 The customer can decide on a dispute which is to be settled instead through an alternative dispute resolution procedure.

Complaints submitted on the platform for online dispute resolution (OS platform) http://ec.europa.eu/odr

For more information on alternative dispute resolution procedures on the platform for online dispute resolution (OS platform). MerryTune accept that a dispute will be heard over the alternative dispute resolution bodies responsible for your complaint. In the event of a dispute, MerryTune will follow the decision of the alternative dispute resolution body.

13. General Terms and Conditions - E-Voucher Card

13.1 General

These rules and conditions apply to the purchase of a MerryTune voucher card that was purchased on one of our websites: www.merrytune.de (hereinafter “MerryTune voucher card”). By purchasing a MerryTune voucher card, you agree to these rules and conditions (hereinafter "Rules and Conditions"). MerryTune reserves the right to interpret, change and suspend these rules and conditions without prior notice. The currently applicable rules and conditions can be read at any time at.

A MerryTune voucher card can only be used as a means of payment online on the website on which the voucher card was purchased. You can use the MerryTune voucher card to pay for the entire amount or a partial amount when purchasing a selected item (s). If the value of your MerryTune voucher card is not quite sufficient for the online purchase, you can choose another payment method to settle the remaining amount and complete the purchase. You can check the current balance online at any time by clicking Checkout and entering the code of your MerryTune voucher card.

13.2 Payment

If you order your MerryTune gift card online, your order will be processed and shipped by MerryTune AB.

MerryTune AB accepts the same payment method for the purchase of the MerryTune gift card as for a normal purchase on the MerryTune website.

13.3 Delivery

All MerryTune gift cards purchased online from our website are electronic gift cards. The gift card will be sent to the email address that was given when purchasing. It is important that you enter the correct e-mail address and save your MerryTune gift card, as we cannot issue a new gift card or a copy of it if you accidentally delete the gift card in your inbox or if it is lost in any other way. Your MerryTune gift card will be sent to the selected recipient's email address once the purchase has been completed.

13.4 Validity

Every single purchase of a MerryTune voucher card is limited to a maximum value of three hundred (300) EURO. The minimum value of a MerryTune voucher card is fifty (50) EURO.

A MerryTune gift card is valid for one (1) year from the date of last activation or purchase. After the expiry of the validity period, the MerryTune voucher card can no longer be used as a means of payment or reactivated, and the remaining value that has not been used can not be paid out.

The MerryTune gift card can be used until the balance is zero.

13.5 Returns

In the case of a return, your payment will be returned using the same method that was used to make the payment. For example, if you have paid the entire amount with a MerryTune gift card, a new gift card will be issued for the amount of the return. If you paid for your order using two different payment methods, you will receive a refund based on the same breakdown as when you purchased it. For example, if you have paid for your order with a voucher card and a credit card, the corresponding amount will be credited to the credit card according to the same breakdown and a new voucher card will be issued by us.

13.6 Return Policy

In accordance with the applicable statutory provisions, you have a right of withdrawal for 14 calendar days (starting on the day after the delivery of your order) to withdraw from your order for the MerryTune voucher card purchased online. You will then be reimbursed the full amount. If you would like to return the MerryTune voucher card, please contact MerryTune customer service.

13.7 Limited Liability

MerryTune is not responsible for a MerryTune gift card that is lost, stolen, deactivated or damaged after activation. Treat your MerryTune gift card like you would with cash.

13.8 General Terms and Conditions

In addition to the above rules and conditions, MerryTunes general terms and conditions for sale also apply to the purchase of a MerryTune voucher card.