General terms and conditions of business
General Terms and Conditions of Sale
Area of application
These terms and conditions shall apply to all purchases from M3Tradingcards Imprint made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders on the business customer login accessible order pages business customer login.
Prices and shipping costs
The prices shown in this shop are final prices plus shipping costs. In the sense of § 19 UstG no value added tax is raised and therefore also not shown.
The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can inform yourself about the details under shipping costs. The regular costs of the return, which arise in the case of a return of the commodity by you in practice of your right of revocation right of revocation, carry we. If you exercise your right of revocation, we will also refund the shipping costs.
Payment
Payment is made upon delivery by means of
Amazon Pay, Apple Pay, Google Pay, credit card, direct debit,
prepayment, Giropay, Paydirekt, PayPal, Klarna and Skrill.
Default of payment
If you are in default of payment, M3Tradingcards shall be entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In the event that M3Tradingcards can be shown to have incurred higher default damages, M3Tradingcards shall be entitled to assert such damages.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany (Deutschland)
- Poland
- Czech Republic
- Switzerland
- France, France
- Luxembourg
- Belgium
- The Netherlands
- Europe
- Europe (2) If force majeure (natural disasters, war, civil war, terrorist attack) renders the delivery or other service permanently impossible, M3Tradingcards shall be under no obligation to perform. M3Tradingcards shall reimburse any amounts already paid without delay.
(3) M3Tradingcards shall also be entitled to refuse performance insofar as this requires an effort which, taking into account the content of the purchase agreement and the principles of good faith, is grossly disproportionate to the customer's interest in the performance of the purchase agreement. Amounts already paid shall be refunded by M3Tradingcards without delay.
(4) Bulky goods (packages with a volume greater than 1 square meter) shall as a rule be delivered by freight forwarding. M3Tradingcards expressly points out that these goods shall not be carried into the house.
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(1) M3Tradingcards shall, at the customer's discretion and at M3Tradingcards' expense, replace a product which is already defective upon delivery (warranty case) with a defect-free product or have it professionally repaired (subsequent performance). The customer is hereby informed that no warranty case shall exist if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage which has arisen as a result of the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) M3Tradingcards shall furthermore not provide any warranty for a defect which has arisen as a result of improper repair by a service partner not authorised by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an outlay which, in view of the product price and taking account of the content of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in performance - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question as to whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of subsequent performance. The right of M3Tradingcards to refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer shall be obliged to send the product at M3Tradingcards' expense to the return address specified by M3Tradingcards, stating the order number. Prior to sending in the product, the customer shall remove any objects inserted by him from the product. M3Tradingcards shall not be obliged to inspect the product for the insertion of such items. M3Tradingcards shall not be liable for the loss of such items unless it was readily apparent to M3Tradingcards at the time the product was taken back that such an item had been inserted in the product (in this case M3Tradingcards shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in this connection). In addition, before sending in a product for repair or replacement, the customer shall, if necessary, create separate backup copies of the system software, applications and all data located on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, it is the customer's responsibility, after the repaired product or the
product has been returned to him, to install the software and data and to reactivate the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if M3Tradingcards is responsible for the deterioration or loss or if the damage would also have occurred at M3Tradingcards,
c) if the deterioration or loss occurred at the customer's premises even though he exercised the care which he is accustomed to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a condition in accordance with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The statutory warranty of M3Tradingcards shall end two years after delivery of the goods. The period shall commence upon receipt of the goods.
Applicable law
The contract concluded between you and M3Tradingcards shall be governed exclusively by the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence shall remain unaffected by this.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be
Rue du Commandant Jean Tulasne 4
13405 Berlin
Germany
Dispute resolution
We participate in the alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act). The competent dispute resolution body is the:
- European Commission
- https://ec.europa.eu/
The European Commission also provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.