Terms of service
OVERVIEW
Welcome to Merloan! The terms “we”, “us” and “our” refer to Merloan. Merloan operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Merloan is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully. Nothing in these Terms limits or excludes any mandatory rights granted to consumers under applicable law.
By visiting, using or interacting with our Services, you agree to these Terms of Service and acknowledge our Privacy Policy. Mandatory consumer protection rights remain unaffected.
SECTION 1 – ACCESS AND ACCOUNT
You may use our Services only if you are legally capable of entering into the relevant transaction under applicable law. Where a person has limited legal capacity, the applicable statutory provisions apply.
To use certain features of the Services or to purchase products offered by us, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You are responsible for ensuring that the information you provide is accurate, current and complete.
If you create a customer account, you are responsible for maintaining the confidentiality and security of your login credentials and for notifying us if you become aware of unauthorized access to your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible.
Please note that the appearance of colors may vary slightly depending on the screen, device settings and display configuration used to view our online store. Such technically unavoidable differences do not affect your statutory rights if the goods do not conform to the contract.
Product descriptions and product availability may be updated from time to time. Changes made after a contract has been concluded do not affect the agreed characteristics of products already purchased.
We reserve the right to discontinue products or limit their availability, subject to existing contractual obligations and applicable law.
SECTION 3 – ORDERS AND CONTRACT FORMATION
The presentation of products in our online store does not in itself constitute a legally binding offer to conclude a purchase contract.
By completing the checkout process and submitting your order using the button provided for this purpose, you submit a binding offer to purchase the products contained in your order.
After submitting your order, you will receive an electronic confirmation that we have received your order. Unless this confirmation expressly states that your order has already been accepted, confirmation of receipt alone does not constitute acceptance of your offer.
A purchase contract is concluded when we expressly accept your order, confirm shipment of the goods, or otherwise clearly indicate acceptance of your order.
We reserve the right to reject an order where there is a legitimate reason to do so, for example where a product is unavailable, payment cannot be authorized, information provided is materially incorrect, or there is reasonable suspicion of fraud or misuse.
If we are unable to accept your order after payment has already been collected, any amount paid for the affected order will be refunded without undue delay.
Please review your order carefully before submitting it. Your statutory right of withdrawal and other mandatory consumer rights remain unaffected.
Returns, withdrawals and refunds are governed by our applicable Return and Refund Policy and your statutory rights.
SECTION 4 – PRICES AND BILLING
The prices displayed in our online store are the prices applicable to the respective products at the time of ordering.
Prices displayed to consumers include applicable statutory value-added tax (VAT), where VAT is applicable.
Shipping costs, where applicable, are additional and are calculated and displayed during checkout before you submit your order.
For international deliveries, customs duties, import taxes or other charges may apply depending on the destination country. Unless these charges are already included in the purchase price or collected during checkout, they are not charged or collected by Merloan and may be payable by the recipient in accordance with the applicable regulations of the destination country.
Prices, discounts and promotions may change from time to time. Changes do not affect orders for which a contract has already been concluded.
You are responsible for providing accurate and complete billing, payment and contact information necessary to process your order.
SECTION 5 – SHIPPING AND DELIVERY
Processing and delivery times depend on the product ordered, destination, fulfillment location and shipping provider.
Detailed information about processing, production, estimated delivery times, shipping costs, international shipping and possible multiple shipments can be found in our Shipping Policy.
Any delivery times identified as estimates are estimates rather than guaranteed delivery dates unless expressly agreed otherwise.
Delays may occasionally occur due to circumstances outside our reasonable control, including delays by shipping providers, customs processing, public holidays, unusually high order volumes or unforeseen production delays.
Nothing in this section limits your mandatory rights under applicable consumer protection law, including any rights available to you in the event of delayed delivery.
SECTION 6 – INTELLECTUAL PROPERTY
The content made available through our Services, including our own trademarks, logos, text, graphics, designs, photographs, illustrations, videos and other content, may be protected by copyright, trademark and other intellectual property laws.
Such content may be owned by Merloan or used by Merloan under applicable licenses or other rights.
You may use the Services and their content for your personal, non-commercial use in accordance with applicable law.
Unless permitted by law or authorized by the relevant rights holder, you may not reproduce, distribute, modify, publicly display, publish, commercially exploit or create derivative works from protected content made available through the Services.
Third-party trademarks, names, logos and other protected materials appearing through the Services remain the property of their respective owners. Their appearance does not imply any affiliation, sponsorship or endorsement unless expressly stated.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
Our Services may provide access to tools, integrations or functionality supplied by third parties.
Third-party services may be subject to their own terms and privacy policies. Where you choose to use such services, you should review the applicable terms provided by the relevant third party.
We are not responsible for independent third-party services to the extent permitted by applicable law. Nothing in this section excludes liability or consumer rights that cannot lawfully be excluded.
We may introduce additional features, tools or resources in the future. Where provided as part of our Services, these Terms will apply unless separate terms are expressly stated.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to websites or online services operated by third parties.
We do not control independent third-party websites and are not responsible for their content, availability or practices.
If you choose to visit a third-party website or purchase goods or services directly from a third party, the applicable terms and policies of that third party may apply.
Nothing in this section limits liability that cannot lawfully be excluded under applicable law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Merloan is powered by Shopify, which provides the ecommerce platform and related technical services that enable us to operate our online store.
Unless expressly stated otherwise, purchases made through our store are made directly between you and Merloan. Merloan is the seller responsible for the products purchased from our store.
Shopify's processing of personal data is described further in our Privacy Policy and Shopify's applicable privacy information.
SECTION 10 – PRIVACY
Our processing of personal data is described in our Privacy Policy.
Because our store is powered by Shopify, Shopify may also process personal data in connection with your use of our store and its ecommerce services.
For more information about how personal data is processed, including information regarding Shopify and other service providers, please refer to our Privacy Policy.
SECTION 11 – REVIEWS AND FEEDBACK
You may choose to submit reviews, comments, suggestions or other feedback (“Feedback”) through the Services where such functionality is available.
You remain the owner of any intellectual property rights you hold in your Feedback.
To the extent necessary to display, reproduce, technically process and make available Feedback through our Services, you grant Merloan a non-exclusive, royalty-free license to use the Feedback for these purposes. Where legally required, this license applies only for as long as necessary for the relevant purpose.
If you submit Feedback, you confirm that you have the necessary rights to provide it and that its publication and use as described above does not unlawfully infringe the rights of third parties.
Feedback must not contain unlawful, defamatory, discriminatory, threatening or otherwise illegal content or malicious software.
We may moderate or remove Feedback where reasonably necessary, including where it violates applicable law, these Terms or the rights of third parties.
Nothing in this section affects any mandatory rights you may have under applicable law.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Despite reasonable care, information made available through the Services may occasionally contain typographical errors or other inaccuracies.
Where appropriate, we may correct errors or update information.
If an error affects an order for which a contract has already been concluded, any correction, cancellation or modification will be made only in accordance with applicable law and your statutory consumer rights.
Nothing in this section allows us to unilaterally alter an existing contract where this would not be permitted by applicable law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services to:
- violate applicable law or the rights of another person;
- infringe intellectual property, privacy or other legal rights;
- transmit malware, viruses or other harmful code;
- engage in fraud, phishing, impersonation or other deceptive activity;
- unlawfully collect or process personal data relating to other persons;
- interfere with the security, integrity or proper functioning of the Services;
- circumvent technical security or access restrictions; or
- use the Services in any other manner that is unlawful or intentionally harmful.
Where permitted by applicable law, we may restrict or suspend access to the Services where reasonably necessary to prevent misuse, protect the Services or comply with legal obligations.
SECTION 14 – TERMINATION AND ACCOUNT RESTRICTIONS
If you have a customer account, you may stop using the Services at any time.
We may restrict, suspend or terminate access to an account where there is a legitimate reason to do so, including serious or repeated violations of these Terms, fraudulent activity, security risks or legal requirements.
Where appropriate and reasonably possible, we will take the circumstances of the individual case into account before restricting or terminating an account.
Termination or restriction of an account does not affect rights and obligations arising from purchase contracts already concluded, unless otherwise provided by applicable law.
SECTION 15 – WARRANTIES AND STATUTORY RIGHTS
Consumers are entitled to the statutory rights relating to defects and conformity of goods under applicable law.
Nothing in these Terms excludes, limits or replaces any statutory warranty, guarantee, right of withdrawal or other mandatory consumer right.
Any additional commercial warranty or guarantee will apply only where expressly provided and will not affect your statutory rights.
General information made available through the Services does not constitute a separate guarantee regarding product characteristics unless expressly identified as such.
SECTION 16 – LIABILITY
Merloan is liable without limitation for damage caused intentionally or by gross negligence.
Merloan is also liable without limitation for damage resulting from injury to life, body or health where Merloan is responsible for the relevant breach of duty.
In cases of slight negligence, Merloan is liable where an essential contractual obligation has been breached. Essential contractual obligations are obligations whose performance is necessary for the proper performance of the contract and on whose performance the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.
The above limitations do not apply where liability is mandatory under applicable law, including liability under the German Product Liability Act (Produkthaftungsgesetz), or where Merloan has expressly assumed a guarantee.
Mandatory statutory consumer rights remain unaffected.
SECTION 17 – CUSTOMER RESPONSIBILITY FOR UNLAWFUL USE
You are responsible for your own unlawful use of the Services and for content you submit through the Services.
Where you intentionally or negligently violate applicable law or the rights of third parties and Merloan incurs legally recoverable losses as a direct result, liability will be determined in accordance with applicable law.
Nothing in this section creates an obligation for consumers to indemnify Merloan, Shopify or other parties beyond what is permitted under applicable law.
SECTION 18 – SEVERABILITY
If any provision of these Terms is wholly or partially invalid, unlawful or unenforceable, the validity of the remaining provisions will not be affected.
The applicable statutory provisions shall apply in place of any invalid or unenforceable provision where required by law.
SECTION 19 – NO WAIVER
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
Mandatory statutory rights and obligations remain unaffected.
SECTION 20 – ASSIGNMENT
You may assign or transfer rights or obligations arising from these Terms where permitted by applicable law.
We may assign or transfer contractual rights or obligations only in accordance with applicable law and without restricting mandatory rights available to consumers.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms and purchase contracts concluded through our Services are governed by the laws of the Federal Republic of Germany.
If you are a consumer and habitually reside in another country, this choice of law does not deprive you of mandatory consumer protection provisions that apply to you under the law of your country of habitual residence.
The statutory rules concerning jurisdiction apply.
SECTION 22 – CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page.
We may update these Terms from time to time to reflect changes to our Services, legal requirements or business practices.
Changes to these Terms do not retroactively alter purchase contracts already concluded unless this is expressly agreed or permitted by applicable law.
Where required by law, we will provide appropriate notice of material changes.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to servicemerloan@gmail.com.
Our contact details are:
MERLOAN
Angelique Schmalbrock
Fliederstraße 5
89407 Dillingen a. d. Donau
Germany
Email: servicemerloan@gmail.com
Phone: +49 179 5902587
VAT ID: DE464196507