General Terms and Conditions
General Terms and Conditions
- Scope of application
- Contract language
- Applicable law, place of jurisdiction and place of fulfilment
- Online dispute resolution platform
- Conclusion of contract
- Prices, shipping costs, due date and default
- Delivery of goods
- Duty to provide information
- Cancellation policy
- Retention of title
- Transfer of risk
- Safety and usage instructions
- Warranty and guarantee
- Liability
- Choice of law
- (Partial) returns of bundle orders
- Gift vouchers
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") of MNM Marketing Ltd., Grenzgasse 4a, 8793 Trofaiach (hereinafter referred to as "MNM"), in the version valid at the time of the order, apply to all contractual agreements made via the webshop between MNM and private customers (consumers).
A consumer is any person who concludes a legal transaction that is not part of the operation of his business.
The terms and conditions are available for printing and saving in the webshop of MNM.
2. Contract language
The contract language is English. All other information and transactions are offered in English.
3. Applicable law, place of jurisdiction and place of fulfillment
These GTC and the contracts to be concluded including these GTC are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the country in which the consumer is resident take precedence. The legal jurisdiction of the consumer shall apply.
4. Online dispute resolution platform
The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr. MNM is not obliged to participate in such a procedure.
5. Conclusion of contract
All offers from MNM are invitations to the customer to submit an offer. MNM's offers are subject to change. Subject to printing and typesetting errors. It is only possible to place an order if the customer's details are provided in full.
Before submitting the binding order, the customer can either use the back button on the website or the back button of the browser used to return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser.
The customer's order - by clicking on the "Order with obligation to pay" button - represents a binding offer by the customer to conclude a contract. Confirmation of receipt of the order is made after the order has been sent by an automated e-mail (order confirmation), which does not yet constitute acceptance of the contract.
The contract is legally concluded upon payment of the (purchase) price and the customer consequently receives the order confirmation from MNM by means of an automated e-mail. If, in the case of individual payment options, the (purchase) price is not to be paid until a later date, the contract shall come into legal effect with the order confirmation from MNM. The text of the contract is shown again in the order confirmation. This contract text is stored by MNM for the fulfilment of the contract. Any further information on the text of the contract can be obtained from MNM at any time.
Information provided in catalogues, price lists, brochures, advertisements on trade fair stands, circulars, advertising mailings or other media (information material) about the goods offered by MNM that are not attributable to MNM are non-binding unless they have been expressly declared by MNM in writing to be part of the contract.
6. Prices, shipping costs, due date and default, discounts
The product prices stated by MNM at the end of the order process are total prices including all taxes, duties and other packaging, transport and shipping costs. Taxes and other packaging, transport and shipping costs are shown separately during the order process, but are included in the total price.
Unless a discount has been expressly agreed, the customer is not entitled to deduct a discount. The purchase price is due upon acceptance of the order by MNM, unless otherwise agreed.
MNM accepts the following payment options:
PayPal
The customer will receive the details of the PayPal account to which payment is to be made after placing the order. Payment is processed via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com.
Credit card (Mastercard, VISA, AMEX)
The amount is debited immediately upon conclusion of the contract. MNM instructs the customer's credit card company to collect the invoice amount on the day of the order.
Eps transfer (only for customers with an Austrian bank account)
Transfer by the customer upon conclusion of the contract.
Sofort by Klarna and purchase on account with Klarna
In co-operation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna Invoice is only available for consumers and that payment must be made to Klarna.
If you wish to pay Sofort with Klarna, you will be redirected to Klarna's website after placing your order. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Google Pay, Apple Pay, Shop Pay
During the order process, you will be redirected to the provider's website before completing the order process. In order to complete the order process and pay the invoice amount, you must be registered there or first register and legitimise yourself with your access data. You will then be redirected back to our online shop where you can complete the order process. Immediately after placing the order, we will ask you to initiate the payment transaction. The payment transaction is carried out automatically by the respective provider.
In the event of late payment, interest on arrears will be charged at the statutory rate from the due date of the claim.
7. Delivery and transport damage
The delivery address specified by the customer is decisive for delivery, unless otherwise agreed.
MNM carries out the order without unnecessary delay. We are legally required to deliver the goods to the consumer no later than 30 days after the contract has been concluded.
MNM offers free standard shipping with no minimum order value for delivery addresses in the United Kingdom. For deliveries to another country (worldwide), the shipping costs are €18.00.
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us immediately; a contact form is also available on our website for this purpose. The omission of a complaint or contact has no consequences whatsoever for your statutory claims and their enforcement, particularly your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
8. Duty to inform
The customer must inform MNM truthfully of all information and facts necessary for the provision of the service. Changed circumstances, in particular changes to the customer's data (name, address, e-mail, etc.) must be brought to MNM's attention immediately.
9. Cancellation Policy
Consumers may withdraw from a distance selling contract within 14 days without giving reasons. The information on the conditions and consequences of cancellation are set out in the cancellation policy below:
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any 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, have taken possession of the goods or on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, the partial consignment or the last item. To exercise the right to cancel, you must inform us (MNM Marketing GmbH, Grenzgasse 4a, 8793 Trofaiach, Austria, info@outdoorheld.uk) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. Please note that the mere refusal to accept your order does not constitute a cancellation.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of Cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract, exclusively to WeShip Fulfillment GmbH, per address Frikusweg 10, 8141 Premstätten bei Graz, Austria. The deadline is met if you dispatch the goods before the period of fourteen days has expired. Please note that WeShip Fulfillment GmbH acts as a warehouse for us.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of cancellation
The right of cancellation does not apply in particular to orders of the following goods:
- Goods that have been inseparably mixed with other goods after delivery due to their nature;
- Goods that are manufactured according to customer specifications or are clearly customised to personal requirements and
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
The delivered goods shall remain the property of MNM until all claims arising from the contract, including interest, discounts unjustifiably withheld by the customer or deductions not recognised by MNM, costs incurred and the like, for whatever legal reason, have been paid. As long as a retention of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to comply with the proper duty of care. Pledges or transfers by way of security prior to full payment are excluded. Should the goods be seized or confiscated or otherwise seized by third parties, the customer shall draw attention to MNM's ownership, inform MNM immediately and provide MNM with all information and documents necessary to enforce the right of ownership.
11. Transfer of risk
The general statutory provisions on the transfer of risk shall apply. If the customer has concluded the contract of carriage himself without using a selection option proposed by MNM, the risk shall pass to the carrier as soon as the goods are handed over.
12. Safety and usage instructions
The goods supplied by MNM are manufactured from a wide variety of materials. The customer must therefore - if allergies, incompatibilities etc. exist - obtain information about the materials from MNM before using the goods.
13. Warranty
The general statutory provisions of warranty law shall apply. The warranty is to be understood as MNM's statutory liability for defects in the purchased goods at the time of delivery to the customer.
14. Liability
Claims for damages expire within 3 years from the date of knowledge of the damage and the person responsible for the damage.
15. Choice of law
It is agreed that Austrian law shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. It is pointed out that more favourable and mandatory standards of the law applicable at the consumer's usual place of residence take precedence over the law stated in this clause.
16. (Partial) return of bundle orders
Calculation and validity of discounts
Discounts that are granted from a certain number of purchased products/prefabricated bundle products lose their validity in the event of a return and will be charged to you when the refund is made. For example, if you purchase three products and use a discount code that applies from a quantity of three products, the discount will become invalid in the event of a partial return. For example, if you purchase a pre-packaged bundle product, which only grants the discounted price of the individual products included in the bundle if the specified products are purchased together by purchasing the bundle. In the event of a partial return of the products received in the bundle, the bundle discount loses its validity.
The discount immediately loses its validity as soon as the purchase contract is cancelled by the customer for one of the items, as this falls below the minimum purchase quantity of the quantity discount specified by MNM (defined differently on the respective product page depending on the product and bundle). In the event of cancellation of the purchase contract by the customer for a single item from an order with at least one discounted item or its return, only the discounted item will be refunded, so that the quantity discount is automatically forfeited in the refund if the minimum purchase quantity of 2 items is not reached due to the customer's cancellation. We have to protect ourselves against misuse of our quantity discount/our bundle discounts with this paragraph. The right of cancellation for all items is of course not restricted by this.
17. Gift Vouchers
OutdoorHeld gift vouchers can be purchased via the online shop. The gift vouchers are only valid for the OutdoorHeld online shop (https://www.outdoorheld.uk).
All OutdoorHeld gift vouchers are valid for 3 years from the date of issue. They can be redeemed on all products in the online shop. Depending on the details given, a minimum order value or no minimum order value applies when the gift voucher is purchased.
If a product that was purchased/paid for with a gift voucher is returned or refunded, the amount owed will be credited back to the voucher.
A payment of the voucher amount to a means of payment other than the voucher or a cash redemption are excluded.
To redeem a voucher, enter its code in the field provided before completing the order process. The amount deposited for the voucher will be deducted from the value of the order. Remaining voucher amounts are retained and can be redeemed during the next order process by re-entering the voucher code as before. Orders that exceed the value of the voucher amount can be settled using the payment options offered.
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Cancellation Form Template
(If you wish to cancel the contract, please complete and return this form).
To
MNM Marketing GmbH
Grenzgasse 4a
8793 Trofaiach
Austria
E-mail: info@outdoorheld.uk
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) .............................. / Received on (*) ..............................
Name of the consumer(s):
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Address of the consumer(s):
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Signature of the consumer(s) .......................................................... (only for notification on paper)
Date .....................................................
(*) Delete as appropriate.