Terms of service

I. General
We, Merz b. Schwanen, sell clothing and accessories through our online shop -www.merzbschwanen.com- The provisions regulate the contractual relationships between Merz b. Schwanen Inh. Peter Plotnicki and the customers provided that they are consumers within the meaning of Section 13 of the German Civil Code (BGB).

II. Offer
The range of goods posted in our online shop www.merzbschwanen.com does not constitute a binding offer. The purchase contract is concluded when we accept your order by sending an order confirmation by email immediately after receiving your order. If the ordered goods are not available, Merz b. Schwanen intends to reject the customer's order and to inform him / her about this immediately. Payments already required will be refunded to the customer. We reserve the right to cancel any order at our sole discretion if we detect any irregularities or inconsistencies of any kind. This includes, but is not limited to, issues related to payment information, pricing, billing or shipping details, or any other circumstances that raise reasonable concerns about the legitimacy or accuracy of the order. In such cases, the customer will be notified, and any payment already made will be refunded.

III. Prices and shipping costs
The times of the order apply to the prices indicated for the articles. The prices listed include the statutory sales tax, but not the shipping costs. The shipping costs can be found here.

IV. Discounts & Promotions

1.1. These Promotion Terms & Conditions (“Terms”) apply to all promotional offers (“Promotions”) made available by Merz b. Schwanen, whether in-store or on any Merz b. Schwanen website.

1.2. Each Promotion may also be subject to additional, promotion-specific terms (“Promotion-Specific Terms”). In the event of any conflict between these Terms and the Promotion-Specific Terms, the Promotion-Specific Terms shall prevail.

2.1. Promotions may take one of the following forms:

• Online-only promotions available across all Merz b. Schwanen online websites;

• Online-only promotions available only to certain customers on specific country websites;

• In-store-only promotions.

2.2. Additional exclusions may apply. Customers are responsible for reviewing the Promotion-Specific Terms applicable to the relevant Promotion.

3.1. Promotions must be applied at the time of purchase. Promotions cannot be applied retrospectively.

3.2. Unless expressly stated otherwise, Promotions apply only to merchandise and do not apply to delivery charges.

3.3. Promotional codes and discounts:

• cannot be used in conjunction with any other offers, promotions, or discounts unless explicitly stated;

• cannot be exchanged for cash or used to purchase gift cards;

• apply only to full-price items unless Promotion-Specific Terms state otherwise.

4.1. Where a Promotion applies a discount to individual items, the Promotion will clearly state how the discount is calculated.

4.2. In the event of a return, customers will be refunded the amount actually paid for the returned item(s) as shown on the original transaction.

5.1. Where a Promotion applies a discount to the total order value, the discount will be calculated based on the total basket value at checkout.

5.2. If multiple items are purchased in the same transaction, the promotional discount is applied proportionally to the price of each item.

5.3. In the event of a partial return:

• the refund will equal the full retail price of the returned item(s),

• minus the proportional share of the promotional discount applied to those item(s).

6.1. Promotions are open to individuals aged 16 years or older.

6.2. Promotions are not available to:

• employees of Merz b. Schwanen,

• their immediate family members,

• any other persons professionally connected with the Promotion.

7.1. Merz b. Schwanen reserves the right to:

• modify the rules of any Promotion;

• withdraw or cancel a Promotion where circumstances make this unavoidable;

• cancel any order where a promotional code has been misused;

• cancel free gifts or gifts-with-purchase if these Terms or any Promotion-Specific Terms are breached.

7.2. Misuse includes, but is not limited to:
attempts to use a code multiple times, sharing exclusive codes, using automated systems, or circumventing eligibility requirements.

8.1. Participation in a Promotion or acceptance of a promotional discount constitutes the customer’s full and unconditional agreement to:

• these Terms,

• the applicable Promotion-Specific Terms, and

• all decisions made by Merz b. Schwanen, which are final and binding in all matters relating to the Promotion.

V. Terms of payment and delivery
1. The different payment options are made available to the customer during the ordering process. The customer is responsible for the completeness of the necessary payment information and is responsible for any additional costs incurred in the event of non-compliance. Merz b. Schwanen accepts payments by credit card (VISA, MasterCard, and American Express), PayPal, Apple Pay and Shop Pay. If your choice of payment is PayPal, the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A. shall also apply.

2. The delivery or dispatch of the goods takes place only after receipt of the entire payment amount, including the respective shipping costs. The entire payment amount is due upon delivery. Otherwise, the customer comes without further explanation from Merz b. Schwanen is in default of payment 10 days after delivery. In this case, the German statutory default regulations apply.

3. Partial deliveries are permitted, provided these are reasonable for the customer.

4. The delivery takes place via a carrier. The customer is responsible for the correct and complete specification of the delivery address.

5. Customs and import duties are due as soon as the parcel reaches its country of destination. These costs are borne by the recipient of the parcel. We have no control over these charges and cannot provide any information about the value of these charges, as customs and import duties vary from country to country. Merz b. Schwanen takes no responsibility for possible customs and import duties as well as possible delays in the shipping process due to customs inspections.

6. Please check the completeness of your order. If an article is missing, please claim this within 3 days after the receipt of the goods here.

7. Returns: The refund will be processed to the original payment method and may take up to 7–10 business days. Shipping costs are non-refundable. Return shipping costs are the responsibility of the customer and will be deducted from the refunded amount where applicable.

VI. Retention of title
Until the goods delivered have been paid for in full, Merz b. Schwanen is their owner.

VII. Guarantee
1. Obvious defects must be reported to Merz b. Schwanen in writing within 14 days of receipt of the delivery at the latest, whereby timely dispatch is sufficient to meet the deadline.
2. If the goods delivered have a material defect, the customer can initially choose between remedying the defect or delivering goods free of defects. Merz b. Schwanen can refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs. The statutory warranty regulations apply to the processing of defects.

VIII. Contract languages
You have the option of concluding the purchase contract in German or English.

IX. Choice of Law
German law applies to the legal relationships between the parties to the exclusion of the UN sales law, even if the customer is based abroad.

These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws applicable to the jurisdiction of Merz b. Schwanen’s principal business location.

The courts of that jurisdiction shall have exclusive authority to settle any disputes.

Gift vouchers
Gift vouchers previously purchased can only be used to purchase items in our online shop www.merzbschwanen.com. If the balance of the gift voucher is less than the purchase amount of your order for which you would like to redeem the voucher, the difference can be settled with the payment options offered during the purchase.
The gift voucher credit can only be redeemed when completing the order process.  Please use the field "discount code" and enter the code of the gift voucher. The credit is then offset against the order value. The credit of the voucher is not interest-bearing or paid out. Please use the entire balance of the voucher in one order, as we do not issue new vouchers for the remaining amounts.

The voucher is valid for 3 years from the day of purchase.

Alternative complaint procedure via online dispute resolution for consumers (OS)
https://ec.europa.eu/consumers/odr/

Consumers who are residents of the European Union can turn to the aforementioned online dispute resolution platform to resolve disputes.