Terms and Conditions

These Terms and Conditions (the “T&Cs”) apply to all contracts concluded between Mergel HL GmbH (the “Seller”) and its customers (both consumers and entrepreneurs within the meaning of the Austrian Consumer Protection Act 1979).

Deviating agreements must be made in writing. By using this website, the customer agrees to these T&Cs and confirms this electronically again before placing an order.

If individual provisions of these T&Cs are wholly or partially invalid due to mandatory legal provisions (in particular the Austrian Consumer Protection Act), the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that comes closest to the purpose and intent of the invalid provision.

The Seller reserves the right to change the content of the respective offer at any time. All offers are non-binding and are to be understood as an invitation for the customer to submit an offer.

By placing an order via the “place order with obligation to pay” button at the end of the checkout process, the customer submits a binding offer to conclude a purchase agreement.

The Seller accepts the offer by dispatching the ordered goods. The automatically generated order confirmation email does not constitute acceptance; it only documents receipt of the order.

The customer may also submit an offer by telephone, fax, email, or post.

If, during order processing, the Seller determines that ordered products are not available, the customer will be informed by email. No contract is concluded for unavailable goods.

The contract text is stored for orders. The customer receives an email with the order details and the applicable T&Cs. After conclusion of the contract, the order data is no longer accessible online.

If the customer created a user account prior to submitting the order, the order data is archived on the Seller’s website and can be accessed free of charge via the customer’s password-protected account.

The Seller sells goods only to persons who are at least 18 years of age.

Consumers are generally entitled to a right of withdrawal.

Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of an EU Member State and whose sole residence and delivery address are outside the European Union.

Prices displayed on product pages are final prices including VAT and other price components. The amount shown at the time of the binding order applies.

If additional ancillary services are provided by the Seller, the corresponding fee will be shown during checkout in addition to the prices above.

Shipping costs (except express shipping) are borne by the Seller.

For certain orders, express shipping is offered. During checkout it will be shown whether express shipping is available for the specific order and what costs apply. Goods are delivered within 3 business days at the latest. If this delivery time is exceeded, the delivery costs will be refunded.

For particularly bulky or heavy goods, different shipping fees may apply and will be displayed for each product on the product page and during checkout.

If delivery fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred.

The direct costs of returning goods (in the event the customer returns goods when exercising the right of withdrawal) shall be borne by the customer. When the right of withdrawal is exercised, the Seller will refund the shipping costs (except express shipping). In the case of express shipping, the customer must bear the difference to standard delivery.

Any export or import duties incurred during shipping shall also be borne by the customer. Prices do not include costs charged by third parties.

For sales to customers outside the EU, VAT is not charged; however, customers must pay applicable national import duties. For sales to entrepreneurs within the EU, Austrian VAT is not charged upon proof of a valid VAT ID; these customers must pay VAT in their home country.

The purchase price and all ancillary costs become due for advance payment upon legally effective acceptance of the order, using the payment methods offered on the website.

The Seller reserves the right to exclude certain payment methods if necessary following identity and creditworthiness checks.

If advance payment is selected, the customer transfers the outstanding amount within 5 days of placing the order to the Seller’s account. Bank details are shown in the order confirmation email and/or the legal notice. Goods are delivered after payment receipt.

The customer agrees to receive invoices, credit notes, and reminders electronically.

The customer is not entitled to offset payments against counterclaims or withhold performance unless expressly agreed in writing.

In the event of default by the customer, the Seller is released from further performance and delivery obligations or may withdraw from the contract after granting a reasonable grace period.

In the event of default, statutory default interest will be charged. The customer must reimburse all reminder and collection costs necessary for appropriate legal enforcement. The Seller reserves the right to claim further damages caused by default.

The Seller ships goods approximately 1–3 business days after the order date or after receipt of payment if advance payment is selected. If the Seller cannot accept an order (e.g., due to unavailability), the Seller will inform the customer without undue delay. Actual delivery times depend on destination.

Delivery is made to the delivery address specified by the customer within the EU and to Switzerland. The customer bears all costs arising from incorrect, incomplete, or unclear address information.

If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, the Seller is not obliged to perform. Amounts already paid will be refunded without undue delay.

If compliance with an agreed delivery time becomes impossible due to circumstances beyond the Seller’s control (e.g., delivery obstacles or delays by carriers or suppliers), the Seller will inform the customer without undue delay. Claims for damages are excluded in this case.

The Seller may also refuse performance if it requires an effort that is grossly disproportionate to the customer’s interest in performance, taking into account the content of the purchase contract and good faith. Amounts already paid will be refunded without undue delay.

Bulky goods (packages with a volume greater than 1 m²) are usually delivered by freight forwarding. The Seller explicitly points out that such goods are not carried into the house.

The risk of accidental deterioration or accidental loss of the goods remains with the Seller until the goods are handed over to the consumer and passes to the consumer upon handover.

If the consumer has concluded the transport contract themselves without using a selection option proposed by the Seller, the risk passes already when the goods are handed over to the carrier.

In the event of a defect already present at delivery (warranty case), the Seller shall, at the customer’s choice and at the Seller’s expense, replace the product with a defect-free one or arrange proper repair (subsequent performance).

There is no warranty case if the product had the agreed quality at the time risk passed. In particular, no warranty case exists in the following cases:

• damage caused by misuse or improper use by the customer,
• damage caused by exposure to harmful external influences (especially extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

The Seller also provides no warranty for defects caused by improper repair by a service partner not authorized by the manufacturer.

If the form of subsequent performance requested by the customer (replacement or repair) requires effort that is grossly disproportionate to the customer’s interest in performance (considering the value of the item in defect-free condition, the significance of the defect, and whether the alternative form of subsequent performance could be used without substantial disadvantages), the customer’s claim is limited to the other form of subsequent performance. The Seller’s right to refuse that other form under the same conditions remains unaffected.

For both repair and replacement, the customer must send the product to the return address specified by the Seller at the Seller’s expense, stating the order number. Before sending, the customer must remove any items they inserted into the product. The Seller is not obliged to inspect the product for such items. The Seller is not liable for the loss of such items unless it was clearly recognizable upon return that such an item was inserted (in that case, the Seller will inform the customer and keep the item available for pickup; the customer bears related costs).

If the customer sends goods to receive a replacement product, the return of the defective product is governed as follows: if the customer was able to use the goods in defect-free condition between delivery and return, the customer must compensate the value of the benefits obtained. For destruction or further deterioration not caused by the defect, and for impossibility of return not caused by the defect within the period between delivery and return, the customer must provide compensation. No compensation is owed for deterioration resulting from use in accordance with intended purpose. This duty to compensate does not apply in a warranty case where:

• the defect only became apparent during processing or modification,
• the Seller is responsible for the deterioration or destruction or it would also have occurred with the Seller,
• deterioration or destruction occurred with the customer despite exercising the care normally applied to one’s own affairs.

The customer’s liability for damages due to a culpable breach of the return obligation is governed by statutory provisions.

The customer may withdraw from the contract or reduce the purchase price if repair or replacement did not lead to a contract-compliant condition within a reasonable period.

Claims against the manufacturer may exist within the scope of a manufacturer warranty, subject to the applicable warranty conditions.

The Seller’s statutory warranty period ends two years after delivery. The period begins upon receipt of the goods.

If the customer is an entrepreneur, the customer must inspect the delivered goods upon receipt for completeness, correctness and defects (including undamaged packaging). Any defects must be reported by email to info@mergelle.com within a reasonable period, at the latest within four business days. Defects discovered later must be reported without undue delay, at the latest within four business days after discovery. If the entrepreneur does not report within these periods, the delivery is deemed approved and claims (e.g., warranty, challenge for mistake, or damages) are excluded (§ 377 UGB). This also applies to incorrect deliveries or deviations in quantity.

If the customer is a consumer, the customer is asked to complain about obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect statutory or contractual warranty rights.

The Seller is liable only for intent and gross negligence, except for personal injury. If this is not a consumer transaction, the injured party must prove slight or gross negligence.

Compensation for consequential damages and pure financial losses is excluded vis-à-vis entrepreneurs.

These liability rules also apply with regard to liability for the Seller’s vicarious agents and legal representatives.

The contract concluded between the customer and the Seller is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence.

For disputes, the court with subject-matter jurisdiction at the Seller’s registered office has exclusive jurisdiction.

If the customer is a consumer within the meaning of the Austrian Consumer Protection Act, jurisdiction lies with the court in whose district the consumer’s domicile, habitual residence, or place of employment is located.

Place of jurisdiction and place of performance is the Seller’s registered office / Austrian Federal Economic Chamber.

Consumers may submit complaints to the EU online dispute resolution platform: https://ec.europa.eu/odr

You may also submit your complaint directly to us via email: info@mergelle.com