General Terms and Conditions for MEPHISTO online store

Please read the following important terms and conditions before you buy anything on our site https://www.mephisto.com/

 

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must match their description, be fit for purpose and be of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

  • up to 30 days: if your goods are faulty, then you are entitled to a full a refund
  • up to six months: if your goods are faulty and you are outside the 30 day period then you can ask for them to be  repaired or replaced. If the goods can not be repaired or replaced then you're entitled to a full refund, in most cases.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the General Terms and Conditions below which you should read carefully.

 

This contract sets out:

  • your legal rights and responsibilities
  • your legal rights and responsibilities, and
  • certain key information required by law.

 In this contract:

  •  we, us or our means MEPHISTO E-Commerce GmbH, and
  • you or your means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

1. WHO ARE WE?

We are a company governed under German law. Our full name, legal information and contact details are set out below:

MEPHISTO E-Commerce GmbH, headquartered at 
Kehler Str. 22
D-77694 Kehl-Marlen 
Germany

Telephone: +44 2037 349 263
E-mail: service.gb@mephisto.com

Registered with the Fribourg-en-Brisgau commercial register under No. HRB 709455
Intracommunity VAT no.:GB 231197720
CEO: Marc Michaeli:

 Details of who to contact if you have a complaint are set out in clause 13.

2. APPLICATION OF THESE TERMS

 2.1 If you use our site or buy goods from our site you agree to be bound by these General Terms and Conditions and our Declaration of data protection and privacy and cookie policy [INSERT LINK], which together form our contract with you. 

2.2 You may only buy goods from our site for non-business reasons.

2.3 These General Terms and Conditions will apply to the contract to the exclusion of all others. 

2.4 These General Terms and Conditions may be modified or supplemented by special conditions or special agreements made in writing between us. 

2.5 The General Terms and Conditions that apply to our contract will be those in force as of the date of issue of the order (as set out below). They can be viewed at any time by clicking here [INSERT LINK] and will be sent to the customer by email along with the order confirmation.

2.6 Please note that we sell our goods exclusively to customers for personal use and only in standard quantities for a single household.

2.7 No one other than a party to this contract has any right to enforce any term of this contract.  

3. INTELLECTUAL PROPERTY

3.1 All intellectual property rights and ownership of the website https://www.mephisto.com/ belong to us and we retain all intellectual property rights over this site and its content (notably text, illustrations, graphics, software, videos, music, trademarks, logos, drawings and models, and any other distinctive characteristics of ours).

3.2 Intellectual property rights means rights such as: copyrights, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these General Terms and Conditions. This means, for example, that we remain owners of them and free to use them as we see fit. 

3.3 Nothing in these General Terms and Conditions grants you any legal rights in the site other than as necessary to enable you to access the site. You agree not to adjust to try to circumvent or delete any notices contained on the site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the site. 

3.4 As a result, any usage, reproduction, representation, dissemination, adaptation, copy, or any other download, whether total or partial, is prohibited, except where expressly authorised in writing in advance by us.

4. USE OF SITE 

4.1 The site is for your personal use only.

4.2 While we try to make sure that the site is accurate, up to date and free from bugs, we cannot promise that it will be. Furthermore, cannot promise that the site will fit or suitable for any purpose.

4.3 We may suspend or terminate operation of the site at any time as we see fit. 

4.4 Any content on the site is provided for your general information purposes only and to inform you about us and our products and news, features and services. It does not constitute any advice and should not be relied upon for any other purposes. 

5. ORDERS

5.1 Below, we set out how a legally binding contract between you and us is made.

5.1.1 By clicking on the "Buy" icon, the order for the goods contained in your basket will be sent to us.  

5.1.2 The minimum order total is €50. 

5.1.3 If we accept your order then an order confirmation email will be sent to you.  We recommend that you save and print it. For security purposes, you will not be able to view order numbers online.

5.1.4 Once we have sent your order confirmation email, a legally binding contract will be in place between you and us, and we will dispatch the goods to you.

6. DELIVERY

6.1 Delivery of the goods will be carried out by recorded postal delivery. The goods are insured throughout the delivery process against any loss or damage.

6.2 In order to provide this service, a fixed-price delivery charge of £ 5.60 will be added to your order total. Our online returns system is essential for providing our free returns service.

6.3 Estimated delivery times will be indicated to you before you confirm your order and in each case  will be no later than thirty days after you receive our order confirmation email.

6.4 Delivery of the goods will take place when we deliver them to the address that you gave to us. 

6.5 If something happens which:

  1. i s outside our control, and
  2. affects the estimated date of delivery

    we will let you have a revised estimated date for delivery of the goods.  

6.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date you receive our order confirmation email, we will:

    1. let you know;
    2. cancel your order, and
    3. give you a refund.

6.7 You are responsible for the goods when delivery has taken place. In other words the risk of loss or damage to the goods will be transferred to you when you, or any other person designated by the carrier, takes physical possession of the goods.  

6.8 You agree to take delivery of the goods and to verify the precise, detailed and dated quantities against the carrier's delivery note, failing which, we will be relieved of all liability for any package not received within the specified delivery times and/or that is damaged.

6.9 We do not make deliveries to any addresses outside of the UK.

7. RETENTION OF OWNERSHIP

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 8. YOUR RIGHT TO CANCEL

 8.1 Exercising your right to cancel the contract

 8.1.1 You have the right to cancel this contract within a period of 14 days from the date of receipt of the goods by you or a designated third party (other than the carrier) without having to give any reason.

8.1.2 To exercise this right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form as set out in the box below, but it is not obligatory. 

Cancellation form

To 

MEPHISTO E-Commerce GmbH
Werner-Haas-Straße 5
74132 Neckarsulm
Germany

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

8.1.3 The letter or the cancellation form must be sent to the following address:

MEPHISTO E-Commerce GmbH
Werner-Haas-Straße 5
74132 Neckarsulm
Germany
telephone : +44 2037 349 263 

8.1.4 Alternatively, you may also complete and submit an online returns delcaration through the website https://www.mephisto.com/. In this case, we will immediately send to the customer a confirmation of receipt of the returns request on a durable format. 

8.1.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

8.2. Consequences of cancellation

8.2.1 If you choose to exercise your right to cancel, we will reimburse you for all payments made, including delivery costs (excluding any supplementary delivery costs paid where you have selected a different delivery method other than the cheapest standard delivery offered by us). 

8.2.2 We will make the reimbursement without undue delay, and not later than:

    1. fourteen days following the date on which we received back from you any goods supplied;
    2. ((if earlier) fourteen days after the day you provide evidence that you have returned the goods; or
    3. if there were no goods supplied, fourteen days after the day on which we are  informed of your decision to cancel. 

8.2.3 We will use the same payment method that was used by you in order to make the reimbursement, except where you expressly agree to an alternative method. You will not incur any fees as a result of this reimbursement. 

8.2.4 You must send or return the goods to us without undue delay, and in any event no later than fourteen days from the date on which you communicated your desire to cancel the contract. The deadline is met if you send back the goods before the  period of fourteen days has expired.

8.2.5 Returns are free. So that your order can be processed quickly, please follow this link and complete the online returns form. Returns costs will only be covered if this form has been completed and sent: www.mephisto.com/retoure-gb

8.2.6 You are  only liable  for damage to the goods resulting from the handling other than what is necessary to establish the nature, characteristics and correct operation of the goods. 

8.2.7If you are deemed to be liable, this will result in an invoice for all fees and costs that is payable on receipt. 

9. PAYMENT

9.1 All prices indicated on our online store are expressed in euros, including all taxes and excluding all standard packaging and delivery costs. The price and payment methods applicable will be those in force as of the date of issue of the order.

9.2 Payment may be made:

  • by credit card, where the customer is the holder of the credit card (if this payment method is selected, we will be authorised to debit the amount when the item is ordered); or 
  • by PayPal.

9.3 An invoice corresponding to your order will be sent by email. You should download, print and retain this.

9.4 If payment is not received by us and you have already received the goods, you:

9.5 We will do all that we reasonably can to ensure that all of the information that you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

10. NATURE OF THE GOODS

10.1 We reserve the right to make unilateral changes to the contract, related notably to the nature of the materials used, as long as this does not result in an increase to the price, nor an alteration of the quality or characteristics to which you have agreed.

10.2 The Consumer Rights Act 2015 gives you certain legal rights (also known as “statutory rights”), for example, the goods must:

10.2.1 be of satisfactory quality;

10.2.2 be fit for purpose;

10.2.3 match the description, sample or model, and

10.2.4 be installed properly (if we install any goods).

10.3 We must provide you with goods that comply with your legal rights. 

10.4 The packaging of the goods may be different from that shown on the website.

10.5 While we try to make sure that:

10.5.1 all sizes and measurements set out on the site are as accurate as possible

10.5.2 the colours of our goods are displaced accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

10.6 Any goods sold:

10.6.1 at discount prices

10.6.2 as remnants

10.6.3 as substandard

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.  

11. FAULTY GOODS

11.1 Your legal rights under the Consumer Rights Act 2015 (also known as your “statutory rights”), are set out at the top of these General Terms and Conditions. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1 visit our webpage https://www.mephisto.com/

11.1.2 contact us using the contact details at the bottom of this page; or

11.1.3 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.

11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as “statutory rights”). You may also have other rights in law.

11.3 If goods are faulty then please contact us using the contact details at the top of this page, if you want:

11.3.1 us to repair the goods;

11.3.2 us to replace the goods; 

11.3.3 a price reduction; or

11.3.4 a refund.

12. LIMIT ON OUR RESPONSIBILITY TO YOU

12.1 We will not be liable if the delay of the performance of one of our obligations results from an unplanned event or force majeure, such as: natural disaster, fire, internal or external strikes, unforeseen production issues, shortages, war, etc.

12.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any: 

12.2.1 Losses that:

  1. were not foreseeable to you and us when the contract was formed;
  2. that were not caused by any breach on our part;

12.2.2 Business losses

12.2.3 Losses to non-consumers.

12.3 The site may contain hyperlinks or references to third party websites other than the site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site. 

 

13. DISPUTES AND COMPLAINTS 

13.1 We will try to resolve any disputes with you quickly and efficiently. 

13.2 If you are unhappy with:

13.2.1 the goods;

13.2.2 our service to you; or

13.2.3 any other matter 
please contact us as soon as possible. 

13.3 All complaints must be address to the persons and address specified in clause 1.

13.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

13.4.1 let you know that we cannot settle the dispute with you; and

13.4.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online resolution platform to resolve the dispute with us. For more details, please visit the website on the “Your Europe” portal.

14. CUSTOMER SERVICE

14.1 MEPHISTO E-Commerce's Customer Services can be accessed within the following times:

From Monday to Friday from 8:00am to 8:00pm and Saturdays from 9:00am to 12:00pm.

E-mail: service.gb@mephisto.com

Telephone: +44 2037 349 263

Postal address:

MEPHISTO Online-Shop
Versandzentrum (PVS)
Werner-Haas-Str. 5
74172 NECKARSULM
Germany

15. DATA PROTECTION

15.1 All personal data and information submitted to the site by you will be collected, stored and processed in accordance with our Declaration of data protection and privacy and cookie policy Privacy and Cookie Policy .

15.2 You retain the right to access, modify, rectify or remove any data relating to you. It may be exercised by writing to the address specified in clause 1.

16. APPLICABLE LAW 

MEPHISTO E-Commerce does not use any browser tracking, such as cookies, passing variables, or the authorisation for this browser tracking for the benefit of third parties in order to collect information regarding computer configuration, operating system, or choice of browser.

The rights and obligations of the parties are governed by the laws of England and Wales. French law. The choice of applicable law will only  be valid as long as it does not deprive the customer of the protection conferred, where applicable, by the provisions of the country of their domicile.


15. Online Dispute Resolution (ODR)

We offer Online Dispute Resolution (ODR) in connection with our offering/services to Consumers as required under the EU Regulation 524/2013 (see details at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm) . The ODR service can be accessed under http://ec.europa.eu/consumers/odr/