Contract conditions agreed upon within the scope of purchase agreements made through the platform www.eu.manowarmerch.com

(1) The following general terms and conditions in the version that is in effect at the time of the order have sole validity for the business relationship between the online store (referred to hereinafter as “Supplier”) and the Customer (referred to hereinafter as “Customer”). General terms and conditions of the ordering party that deviate from these are not recognized unless the Supplier expressly consents to their validity in writing.

(2)   Customer is a consumer if the purpose of the ordered deliveries and services is not primarily for his commercial or freelance professional activities. An entrepreneur, on the other hand, is any natural person or legal entity or legal partnership acting in the exercise of its commercial or freelance professional activities when concluding the contract. The Supplier only accepts orders for private purposes and in amounts common for households. By submitting the order, the ordering party confirms that he is only ordering as a consumer for private purposes.

(1) The Customer can select products from the assortment of the store and collect these in the so-called shopping cart by means of the “Place in shopping cart” button. With the “Place order” button, they submit a binding order to purchase the goods in the shopping cart. The Customer can change and view the data at any time before sending the order. However, the order can only be placed and transmitted if the Customer accepts these contractual terms by clicking on the “Accept General Terms and Conditions” button and thus includes them in his order.

(2)The Supplier will then send the Customer an order confirmation via email, in which the Customer’s order is listed once again and which the Customer can print out by means of the “Print” function. The order confirmation represents acceptance of the order.

(3) The Terms of Service for this page are based on German law. In case of queries, the German AGB prevail. To access the AGB, choose German language on top of the website.

(1) Delivery times quoted by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price, until the shipping of the goods. If our online shop does not list a delivery time or does not list a different delivery time, this is 7 days.

(2) If the product selected by the Customer is unavailable at the time of the order, the Supplier will inform the Customer of this immediately in the order confirmation. If the product is permanently out of stock, the Supplier will refuse acceptance. In this case, no contract has been concluded.

The delivered goods remain the property of the Supplier pending complete payment.

(1) All prices listed on the website of the Supplier include the respective valid added tax (VAT).

(2) The Customer will be informed of the respective shipping costs in the order form. These are the responsibility of the Customer if the Customer does not exercise his right to cancel the order.

(3) The goods will be shipped via postal service. The Supplier will bear the shipping risks if the Customer is a consumer. By submitting your order, you confirm that you are a consumer. See § 1 (2).   

(4) In case of a cancellation, the Customer will bear the immediate costs for the return.

(1) The Customer can make the payment via SOFORT, Klarna, or credit card.

(2) The payment of the purchase price is due immediately upon conclusion of the contract.

(1)   The Supplier is liable for materials defects in accordance with the legal provisions in effect for this, particularly §§ 434 et seq. BGB.  

(2)   Any additional warranty for the goods provided by the Supplier exists only if this was expressly stipulated in the order confirmation of the respective article.

(1)   Claims by the Customer for the reimbursement of damages are excluded. Exceptions to this are claims for damages by the Customer due to injury to life, limb, and health or resulting from the violation of major contractual obligations (cardinal duties) as well as liability for other damages based on intentional or grossly negligent violation of obligations by the supplier, his legal representatives, or agents. Major contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2)   If major contractual obligations are violated, the Supplier is liable only for foreseeable damages that are typical for the contract, if these were caused by simple negligence, unless these are claims for damages by the Customer due to injury to life, limb, and health.

(3)   The limitations of Sections 1 and 2 are also in effect for the benefit of the legal representatives and agents of the Supplier if claims are asserted against them directly.

(4)   The limitations of liability resulting from Sections 1 and 2 are not in effect if the Supplier maliciously concealed the defects or guaranteed the quality of the object. The same is true if the Supplier and the Customer have made an agreement regarding the quality of the object. The provisions of the Product Liability Act shall remain unaffected.

(1) Consumers have a legal right to cancellation when concluding a long-distance transaction, a form for which is provided in the following by the Supplier according to legal provisions. The exceptions to the right of cancellation are laid out in Section (2). In Section (3), you will find a sample cancellation form.

Cancellation policy

Right of cancellation:

You have the right to cancel this contract within fourteen days without stating reasons.

The cancellation period is fourteen days from the day on which you or a third party acting on your behalf, which is not the transporter, took possession of the goods.

To exercise your right of cancellation, you must inform us (Stardog Entertainment GmbH, Schottweg 5, 22087 Hamburg (Germany), telephone +49 (0)15679340621, email: sales_eu@manowarmerch.com) of your intention to cancel this contract by means of a clear declaration (e.g. via email). You can use the sample cancellation form below for this, but this is not mandatory.

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiration of the cancellation deadline.

If you cancel this contract, we must reimburse you for all payments that we have received from you, including delivery costs (with the exception of the additional expenses arising from any selection by you of a type of delivery other than the most economical standard delivery offered by us) immediately and no later than fourteen days from the day on which we received your notification of your cancellation of this contract. We will use the same method of payment for this reimbursement that you utilized during the original transaction, unless we have expressly agreed on something else with you. You will never be charged fees for this reimbursement. We can refuse reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, depending upon which of these is the earlier time.

You must return the goods to MW Merch, Fischhausweg 4, 91583 Schillingsfürst, Germany immediately and in any case within fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is considered to have been met if you ship the goods before the deadline of fourteen days.

You are responsible for the immediate costs for returning the goods.

You are only responsible for any loss of value of the goods if this loss of value can be traced to handling that is not necessary for checking the quality, characteristics, and function of the goods.

(2) The right of cancellation does not exist for contracts for the delivery of audio or video recordings, or books or computer software in a sealed package if the seal has been removed after delivery. The right of cancellation also does not exist for products tailormade for consumers such as art prints produced on-demand and personalized and/or signed products.

(If you wish to cancel the contract, please fill out this form and send it to Stardog Entertainment GmbH, Schottweg 5, 22087 Hamburg, Germany (email: sales_eu@manowarmerch.com):

 — I/we (*) hereby cancel the contract concluded
by me/us (*) for the purchase of the following goods (*)/ the performance of
the following service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Adress of the consumer(s)

— Signature of the consumer(s) (only for
notification on paper)

— Date

(*) delete as appropriate

PLEASE NOTE, THAT SENDING US PAPER LETTERS INCREASES PROCESSING TIME!!! WE RECOMMEND YOU USE EMAIL!

(1) The laws of the Federal Republic of Germany are in effect for contracts between the Supplier and the Customer to the exclusion of the UN Convention on the International Sale of Goods. The legal provisions for the limitation of the choice of law and for the applicability of mandatory provisions, especially of the state in which the Customer as a consumer has his habitual residence, shall remain unaffected.

(2) The remainder of the contract remains binding in case of the legal invalidity of individual provisions. The legal provisions, if such exist, shall take the place of the invalid provisions. If this would present an unreasonable hardship for one of the contract parties, however, the contract as a whole shall become invalid.

The service address of the supplier is:
Stardog Entertainment GmbH
Schottweg 5
22087 Hamburg
Germany

Email address:
sales_eu@manowarmerch.com

Telephone: +49 (0)15679340621

We would like to point out that we are not prepared and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Questions about the Terms of Service should be sent to us at sales_eu[@]manowarmerch.com.