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General Terms and Conditions of E.M.P. Merchandising Handelsgesellschaft mbH
These General Terms and Conditions (GTC) shall apply to all orders made via the web shop at www.emp.de and using the EMP-App. Contractual partner for all orders will be E.M.P. Merchandis-ing Handelsgesellschaft mbH ("EMP"). The version of the GTC current at the time of order shall be applicable. Deliveries are only possible within Germany and Luxembourg. The agreement is concluded exclusively in the German language. For deliveries to other countries, please refer to our international shop www.emp-online.com as well as to the country-specific shops listed under the section "Our Online Shops" .
2. Conclusion of Agreement
The displaying of articles in the web shop does not constitute a contractually binding offer from EMP, but is only an invitation to place an order. You can find the minimum order value in the price table below. You may only order articles in typical household quantities or in the maximum quantity indicated on the respective product detail page. If you click on the button "Buy now" you place a binding order for the articles contained in the shopping basket. We will send you an order confirmation by email immediately after receipt of your order. This does not constitute the conclusion of a purchase agreement. An agreement will only be concluded if we have expressly accepted your order or we have executed delivery to the corresponding extent. We will store the text of the purchase agreement (the content of your order as well as these GTC) and we will send it to you upon request. EMP shall remain the owner of the goods until complete payment of the purchase price.
3. Prices and Shipping Costs
The prices indicated in the web shop at the time of order shall be applicable. The prices indicated include the statutory value added tax. Shipping costs and other potential separate charges incurred depending on the payment method (e.g. charges for cash on delivery) will be added. You can find the shipping costs and further charges in the price table below.
4. Terms of Payment
We reserve the right to not make certain types of payment available for individual orders. If costs accrue for the money transaction you will have to bear these costs.
For payments by cash on delivery you will only pay upon delivery of the order by post. You can find the costs for cash on delivery in the price table below.
For payments by advance bank transfer you will receive a payment request from us. Please transfer the amount payable to the account indicated within 7 days (payment period). We will only deliver the goods upon receipt of your transfer. If the amount is not transferred within the payment period then we will unfortunately be unable to reserve the goods for you any further.
If you use direct debit you authorise us to collect all amounts due from your account. We will announce the collection of the amounts due by email. You will be obliged to reimburse the resulting return debit note fees where direct debits are reversed if the account you have provided does not contain sufficient funds or if you cancel the direct debit without a legal ground.
5. Delivery and Time of Delivery
You can see the time of delivery on the respective product detail page as well as in the order overview before placing your order.
6. International Customer Service
We will provide you with accessible, convenient and comprehensive customer service. The international customer service of all EMP companies will be available to you for order processing. The EMP companies include E.M.P. Merchandising Handelsgesellschaft GmbH, EMP Mail Order UK Ltd., EMP Mailorder Italia S.r.l., Large Popmerchandising B.V. and Large Popmerchandising B.V.B.A. Therefore, you may contact any EMP company for service requests and are not required to contact the EMP company with which you placed your order. The EMP company with which you placed your order will transfer your data to the other EMP companies so that they have access to your order data for service purposes.
7. Liability and Warranty
EMP shall be liable without limitation for willful misconduct or gross negligence by EMP, its legal representatives or vicarious agents. EMP shall be liable for slightly negligent breaches of material contractual duties (cardinal duties) for the foreseeable damage typical for this type of agreement. Material contractual duties are obligations, the breach of which jeopardizes the purpose of the agreement or the fulfilment of which is crucial for the proper performance of the agreement and on which a contracting party may normally rely. EMP shall not be liable for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.
The above limitations on liability shall not apply to injury to life, body or health, to a defect after assumption of a warranty for the condition of the product or to fraudulently concealed defects. Liability pursuant to the German Product Liability Act shall remain unaffected.
ToTo the extent that the liability of EMP is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of EMP. Of course, you shall be entitled to statutory warranty rights.
8. Right of Revocation and Returns
8.1 Right of Revocation and Exceptions
You may cancel your order pursuant to the statutory right of revocation without specifying any reason. For more detailed information, please refer to the cancellation policy. To exercise the right of revocation, you can use our cancellation form or you can formulate your own declaration of revocation. You will need the Adobe Acrobat Reader (available free of charge) for displaying and printing the information regarding returns. For returns, we shall provide you with a return label available in the returns portal. You are not obliged to use such a return label.
Please note: The right of revocation does not apply to agreements
• for the delivery of audio or video recordings or computer software, such as games (eg. CDs, LPs, DVDs) in a sealed package if the seal was removed after delivery;
• for the delivery of tickets for events of any kind with a specific date or period (e.g. concerts);
• for the delivery of goods which are not prefabricated and for the manufacturing of which you have made an individual selection or designation or which have been clearly tailored for your personal needs;
for the delivery of goods which are not suitable for return for reasons of public health or hygiene where the seal was removed (e.g. piercings, contact lenses).
• concerning services where EMP has completely rendered the service and if you were aware and have expressly agreed prior to ordering that we can begin render-ing the service and you will lose your right of revocation upon complete fulfilment of the agreement.
Standard revocation policy for exercising your right of revocation regarding agreements for the purchase of goods.
Right of Revocation
You have the right to revoke this agreement without providing grounds within fourteen days.
The revocation period is 14 days and starts to run from the date on which you, or a third party authorised by you, other than the carrier, has taken delivery of the goods or, for digital contents which are not delivered on a physical data carrier (e.g. CDs or DVDs) and services, from the date of the conclusion of the agreement.
In order to exercise your rights of revocation, you must contact us (EMP Retourenservice, Kreuzweg 999, 48607 Ochtrup, telephone: +49 (0)591-914310; telefax: +49 (0)591-914320, email: email@example.com) and inform us through an express declaration of your decision to revoke this agreement (e.g. a letter sent by post, telefax or email). You may use the sample revocation form attached below, yet this is not mandatory.
For adherence to the revocation term it is sufficient that you send the notification regarding your exercising of your rights of revocation prior to the expiry of the revocation term.
Consequences of Revocation
In the event that you should revoke this agreement, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard, low-cost delivery we offer), at the latest within fourteen days from the date that we receive your notification of revocation of this agreement. For this refund we shall utilize the same payment method that you used for the original transaction, unless any alternative method is expressly agreed with you; under no circumstances will you be subjected to charges for this refund.
We may refuse to execute the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever date is earlier.
You will have to return the goods to us without undue delay and no later than within fourteen days of the date on which you informed us of your revocation of the agreement. The deadline is deemed to have been met if you dispatch the goods before the expiry of the fourteen day period.
The immediate cost of returning the goods shall be borne by us. You shall only bear any loss of value to the goods if such a loss of value results from any handling of the goods other than that which is necessary to ascertain the nature and functioning of the goods.
In the event that you have requested that the services or the supply of wa-ter/gas/electricity/district heating should start during the revocation period, you shall be required to pay us a reasonable sum for the proportion of services already provided up to the point in time that you notify us of your exercising of the rights of revocation in compari-son to the full range of services intended in the agreement.
8.2 Our Voluntary Takeback Guarantee
Without prejudice to your statutory right of revocation, we grant you a voluntary take-back guarantee extended to a total of 30 days for articles which are also subject to the statutory right of revocation. The prerequisite for the 30 day take-back guarantee is that you have worn/tried out the goods only for fitting, as in a retail shop, and that you return the goods completely, in their original state, intact and without damage, in the original retail packaging. Within the framework of this voluntary take-back guarantee, we shall bear the costs for the return if you use our returns portal for returns from Germany. Apart from that, the same conditions shall apply to the voluntary take-back guarantee as to the statutory right of revocation (see revocation policy above), extended to 30 days.
9. Protection of Minors
We will deliver products which are subject to age restriction or have not yet received an age rating exclusively using the age and identity check of Deutsche Post. An age and identity check can only be carried out in Germany. For this purpose, you must state your date of birth when ordering. You can find the costs for the age and identity check in the price table below. The fee will become due only once per order, even if you order several articles subject to age restrictions. The same shall also apply if these articles are delivered in more than one consignment. When delivering the goods, the postal worker will check whether you are over 18 years old and whether you are actually the customer. For this purpose, they will compare the details of your order with the name and address on your identity card or passport.
10. Decorative Weapons
The handling of the decorative weapons sold by us is subject to, amongst others, the restrictions of the German Weapons Act (Deutsches Waffengesetz). In particular, the owner must take the measures required to avoid these items being lost or to prevent their acquisition by third parties without authorization. With a few exceptions, the carrying of the decorative pieces offered in public is prohibited.
11. Order of Tickets and Vouchers
11.1 Tickets and Vouchers for Services of other Providers
Where tickets for events are offered in the web shop, we are not the organisers of those events. Tickets ordered are excluded from the right of revocation! We can cancel the ticket purchase if you breach the event conditions or if you try to circumvent them. The revocation/withdrawal can also be declared by crediting the amounts paid.
11.2 Shopping Vouchers / Promotional Code
You may not pay for a shopping voucher with a voucher. Shopping vouchers are only redeemable in the EMP-App and on the internet pages listed under the section "Our Online Shops" . Shopping vouchers can also be redeemed partially if the redeeming client has a customer account. Shopping vouchers must be redeemed within three years after the end of the year in which they were purchased. Only one promotional code can be applied per order. The equivalent value of a shopping voucher / promotional code cannot be paid out in cash or offset against other claims. Promotional codes can be bound to a minimum order value which you have to reach with your purchase. If you subsequently fall below the minimum order value, e.g. by returning part of your order, the advantage of the promotional code shall lapse.
12. Backstage Club
12.1 Conclusion of Agreement and Membership
You can use the advantages of the Backstage Club in the EMP-App and on the internet pages listed under the section "Our Online Shops" . To become a member you will need an EMP customer account. A membership cannot be transferred to another customer account. You can apply for the membership by ordering the "Backstage Club" as an article in our web shop and by us confirming receipt of the order in accordance with Clause 2. The voluntary take-back guarantee of EMP shall not apply to membership of the Backstage Club. The statutory right of revocation shall remain unaffected.
12.2 Advantages for Members
Online orders are free of shipping costs for you. Please note: Other fees such as charges for cash on delivery or fees for age verification will remain payable. Our voluntary take-back guarantee shall be extended to 100 days.
12.3 Duration and Notice of Termination
The Backstage Club membership is valid for the minimum term stated upon conclusion. If neither party terminates the membership, your membership will be automatically extended by the respective minimum term. Each party can terminate the membership with a notice period of one day to the end of the respective term. The termination is possible either in the "My Account" ("Mein Konto") section or via contacting our customer service using the contact options indicated here.
In addition, we can terminate the membership with a notice period of 3 months if we cease to offer the Backstage Club service. You can terminate your membership without notice if we more than merely marginally restrict the advantages for members, who are an integral part of the Backstage Club. If your membership thereby ends before the expiry of the respective term, the membership fees will be refunded to you pro rata. Additionally, both parties have the right to terminate the membership without notice for good cause. A good cause in our view exists if you delete your customer account, if you place fraudulent orders or if you commit a grave violation of the agree-ment. In this case, there will be no refund.
12.4 Gift Membership
The voucher for a gift membership can only be redeemed by a third party. Gift memberships shall automatically end upon expiry of the period stated in the voucher, unless the third party indicates in the "My Account" section or via contacting our customer service using the contact options indicated here that they want to continue their membership pursuant to Clause 12.3 following the period of the gift membership.
You can find the annually payable membership fee for the membership in the Backstage Club in the price table below. We will automatically collect the membership fee due on an annual basis using the payment method indicated. If this payment method becomes invalid during your membership or if the payment is otherwise refused, we will be entitled to switch the payment method automatically to another payment method indicated in your EMP customer account.
12.6 Change to the Participation Conditions
We are entitled to change these participation conditions. If we do so, we will inform you in due time and notify you of any such changes. You can then object to the changes within one month. If you do not object, the changed participation conditions will apply after one month. When notifying you of the changes, we will also inform you of your right of objection and the conse-quences of the expiry of the term.
13. Free Articles
The ownership of free articles will only pass to you upon expiry of the revocation period and the voluntary take-back term (retention of title). If extras are linked to a minimum order value, the minimum order value shall refer to one order and must be reached by this single order even after exercising the statutory rights of revocation or the contractual return rights. If the purchase value of your order falls below the respective minimum order value by virtue of exercising a statutory right of revocation or a contractual return right, then the extra for this purchase must also be sent back with the return of the goods. In this case, an entitlement to other extras shall not arise.
Our web shop bears the quality seal "EHI Qualified Online Shop" ("EHI Geprüfter Online-Shop"). You can retrieve the code of conduct here . You can use the complaints procedure of EHI Qualified Online Shop (EHI Geprüfter Online-Shop) by clicking on the quality seal in our shop.
16. Provider Identification according to the German Telemedia Act (Section 5 TMG)
E.M.P. Merchandising Handelsgesellschaft mbH
Telephone: + 49 591 - 9 14 310 Mon-Fri: 8.00 am - 8.00 pm, Sat 10.00 am - 6.00 pm, Sun 11.00 am - 7.00 pm (except public holidays) Fax: +49 591 - 9 14 320 Email: firstname.lastname@example.org
Return Address (Postal address for returns) EMP - Retourenservice
Or the address indicated in the aftermailing To our return portal
Registered at the Local Court Osnabrück, HRB 100299
Ernst Trapp, Dr Jan Fischer, Antony Harlow, Eric Levin
Online dispute resolution pursuant to Art 14 (1) ODR-VO:
The European Commission offers a platform for online dispute resolution (ODR) available under http://ec.europa.eu/consumers/odr/.
Dispute resolution before a consumer dispute resolution authority (Section 36 VSBG):
We are neither prepared nor obligated to participate in a dispute settlement procedure before a consumer arbitration body.
17. Final Provisions
These conditions as well as all purchase agreements concluded in accordance with these conditions shall be governed by German law without regard to the UN Convention on Contracts for the International Sale of Goods. If you as a private final consumer do not have a place of residence within the European Union, then the place of jurisdiction shall be our registered office.
We thank you for the trust you have placed in us and for your interest in our company. Our customer service will be pleased to answer any questions you may have. We are looking forward to your order.