1 Scope of application
1.1 Mercedes-Benz Automobil AG (hereinafter "Merbag") is the operator of the Merbag online marketplace (hereinafter "Online Shop"), on which it sells original Mercedes-Benz brand accessories and accessories to natural or legal persons (hereinafter "Buyer") as an authorized Mercedes-Benz partner (hereinafter "Seller").
1.2 These General Terms and Conditions (hereinafter "GTC") apply to all legal transactions concluded between the Seller and the Buyer via this online store. Deviating terms and conditions of the buyer are not applicable.
2. Object of purchase
2.1 The object of purchase is Mercedes-Benz brand accessories.
2.2 The objects of purchase offered via this online store are offered exclusively to buyers residing or domiciled in Switzerland and the Principality of Liechtenstein.
2.3 The offer is valid as long as it is in stock. Price and product range changes are possible at any time.
3. Orders and conclusion of purchase
3.1 The product offer in the online store does not constitute a legally binding application. On the other hand, the buyer's order is deemed to be an offer to the selected seller to conclude a contract. After submitting his order, the buyer receives an automatically generated confirmation of receipt from the online platform.
3.2 The seller shall send the buyer an e-mail within two working days stating whether the buyer's application to conclude the contract has been accepted or rejected by the seller. Until rejection, the buyer remains bound by his order.
4. Prices, delivery, collection
4.1 Prices are quoted in Swiss francs, including value added tax (VAT). The price displayed in the online store after selection of a seller at the time of the order by the buyer is decisive. The delivery costs are listed as an additional item in the shopping cart.
4.2 Products are delivered within three to five working days of receipt of the order. Delivery is made by the selected seller. The buyer's delivery address must be in Switzerland or the Principality of Liechtenstein.
4.3 Some products are only available for collection. These are marked accordingly on the product detail page. Collection is possible within three to five working days of receipt of the order.
5. Checking the delivery
5.1 The buyer is obliged to inspect the object of purchase immediately upon receipt and to notify the seller immediately in text form of any incompleteness of the delivery or any defects, otherwise the object of purchase shall be deemed complete and free of defects.
5.2 Notices of defects for hidden defects must be communicated to the selected seller in text form immediately after their discovery, otherwise the object of purchase shall also be deemed approved with regard to these defects. Notices of defects for hidden defects are possible until the expiry of the warranty period of 24 months at the latest.
6. Payment
6.1 Only payment by credit card (Visa and Mastercard) or by Twint is accepted as a means of payment.
7. Returns
7.1 In principle, the buyer may return items purchased in the online store to the seller within 14 days of receipt or return them to one of the listed Merbag stores, provided that the requirements are cumulatively fulfilled in accordance with section 7.2 below. Shipping costs for returns are to be borne by the buyer. Returns to the store are free of charge.
7.2 A right of return exists in the following cases:
the item is neither damaged nor used (with the exception of transportation damage)
the original packaging is present
the item is complete.
it is not an order ex works (this is noted on the product details page and there is no right of return for these items).
8 Warranty and liability
8.1 The seller shall only provide a warranty within the scope of the factory warranty valid at the time of conclusion of the contract, to which express reference is hereby made.
8.2 The following provisions shall only apply insofar as the factory guarantee mentioned in Clause 8.1 does not contain any deviating provisions.
8.3 The Buyer may only assert the following claims against the Seller within the scope of the material warranty:
8.3.1 In the event of material defects, the Buyer shall initially only have a right to rectification of defects (subsequent improvement). This right to rectification extends to the repair or replacement of the defective parts and to the elimination of further damage to the object of purchase, insofar as this has been directly caused by the defective parts. The warranty for third-party bodies, tires and third-party installations is limited to the assignment of any claims against the manufacturing companies.
8.3.2 The Buyer must notify the Seller of defects in writing immediately after they are discovered or have them discovered by the Seller. He is obliged to hand over the object of purchase to the seller for repair at the seller's request, otherwise he loses the warranty claim. The seller is entitled to have the repair carried out by a third party without being released from his warranty obligation as a result.
8.3.3 The rectification of defects shall not extend the warranty period. The warranty for the new (replaced) object of purchase shall only apply for as long as the factory guarantee for the original object of purchase lasts.
8.3.4 The seller shall acquire ownership of the original object of purchase replaced during the rectification.
8.4 Any warranty obligation shall lapse if the object of purchase is improperly handled, maintained, cared for, overused, modified without authorization, converted by a third party, if the operating instructions have not been followed or - in the case of conversions - if the assembly instructions have not been observed.
8.5 Normal wear and tear shall exclude any warranty obligation.
8.6 If a significant defect cannot be rectified despite repeated rectification, the buyer is entitled to demand a reduction in the purchase price or rescission of the contract. In no case shall the buyer be entitled to a replacement delivery.
8.7 All further warranty and liability claims are hereby excluded, subject to mandatory statutory provisions. Claims for compensation for direct and/or indirect damage are excluded.
8.8 Merbag, as the platform operator, is not liable to the buyer, neither contractually nor non-contractually.
9. Other provisions
9.1 Claims of the buyer arising from the purchase contract may only be assigned with the express written consent of the seller.
9.2 The Seller is entitled to amend these GTCs at any time. Once the new provisions come into force, they shall apply exclusively to all purchase contracts concluded after this date.
10. Place of jurisdiction/applicable law
10.1 The place of jurisdiction for all disputes arising and thus for all present and future claims is the registered office of the seller, unless a mandatory place of jurisdiction is provided for by law. The same place of jurisdiction shall also apply if the customer is domiciled/resides abroad. The seller is also entitled to sue the customer at his place of residence.
10.2 The contract underlying these GTCs shall be governed exclusively by Swiss substantive law, excluding its conflict of law rules. Furthermore, the parties exclude the application of the UN Convention on Contracts for the International Sale of Goods (CISG).