General Terms and Conditions of E.M.P. Merchandising Handelsgesellschaft mbH

1. Scope

These General Terms and Conditions (GTC) shall apply to all orders made via the web shop at:

  • Andrea Berg https://www.andreaberg-shop.de
  • Lisa & Lena https://www.j1mo71.com/
  • Udo Lindenberg https://www.udolindenberg-shop.de/
  • Mike Singer https://www.mikesinger-shop.com/
  • FL ist die Gang https://www.flistdiegang.com/
  • Left Boy https://store.madejour.com/

This web shop shall be operated by E.M.P. Merchandising Handelsgesellschaft mbH ("EMP"). Contractual partner for orders will be one of the EMP companies depending on your delivery address:

Germany and all countries not mentioned E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70 a
49811 Lingen
Germany
Telephone: + 49 591 - 9 14 310
Fax: +49 591 - 9 14 320
Email: mailbox@emp.de
Italy EMP Mailorder Italia S.r.l.
Via XX Settembre 70/G
37036 SAN MARTINO B.A. - VR -
Italia
Telephone: +39 45 - 6051725
Fax: +39 45 - 6051155
Email: assistenza.clienti@emp-online.it
United Kingdom EMP Mail Order UK Ltd.
c/o Francis Clark LLP
North Quay House
Sutton Harbour
Plymouth
PL4 0RA
United Kingdom
Telephone: + 44 203 - 885 0001
Email: mailbox@emp.co.uk
The Netherlands Large Popmerchandising B.V
Schenkkade 50 K
2595 AR Den Haag
Telephone: + 31 10-305 81 00
Email: mailbox@large.nl
Belgium Large Popmerchandising B.V
Middelmolenlaan 175 postvak 23
2100 Antwerpen, België
Telephone: +32 3 - 808 28 04
Email: mailbox@large.be

The version of the GTC current at the time of order shall be applicable. You can choose between the German or English language for the conclusion of the agreement.

2. Conclusion of Agreement

The displaying of articles in the web shop does not constitute a contractually binding offer from EMP, but is only an invitation to place an order. You can find the minimum order value in the price table below. You may only order articles in typical household quantities or in the maximum quantity indicated on the respective product detail page. If you click on the button "Buy now" you place a binding order for the articles contained in the shopping basket. We will send you an order confirmation by email immediately after receipt of your order. This does not constitute the conclusion of a purchase agreement. An agreement will only be concluded if we have expressly accepted your order or we have executed delivery to the corresponding extent. We will safe the text of the purchase agreement (the content of your order as well as these GTC) and we will send it to you upon request. We shall remain the owner of the goods until complete payment of the purchase price.

3. Prices and Shipping Costs

The prices indicated in the web shop at the time of order shall be applicable. The prices indicated include the statutory value added tax. Shipping costs and other potential separate charges incurred depending on the payment method (e.g. charges for cash on delivery) will be added. You can find the shipping costs and further charges in the price table below.

4. Terms of Payment

We reserve the right to not make certain types of payment available for individual orders. If costs accrue for the money transaction you will have to bear these costs. Irrespective of the place of order and delivery, you can always pay for your order via PayPal or with VISA/Mastercard credit cards. Additionally payment by advance bank transfer is possible everywhere except the United Kingdom. Depending on your place of residence, we may offer further payment options which can only be used at your place of residence.

For payments by cash on delivery, you will only pay upon delivery of the order by post. You can find the costs for cash on delivery in the price table below.

5. Delivery and Time of Delivery

You can see the time of delivery on the respective product detail page as well as in the order overview before placing your order.

6. International Customer Service

We will provide you with accessible, convenient and comprehensive customer service. The international customer service of all EMP companies will be available to you for order processing. Therefore, you may contact any EMP company for service requests and are not required to contact the EMP company with which you placed your order. The EMP company with which you placed your order will transfer your data to the other EMP companies so that they have access to your order data for service purposes.

7. Liability and Warranty

EMP companies shall be liable without limitation for willful misconduct or gross negligence by EMP companies, their legal representatives or vicarious agents. EMP companies shall be liable for slightly negligent breaches of material contractual duties (cardinal duties) for the foreseeable damage typical for this type of agreement. Material contractual duties are obligations, the breach of which jeopardises the purpose of the agreement or the fulfilment of which is crucial for the proper performance of the agreement and on which a contracting party may normally rely. EMP companies shall not be liable for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.

The above limitations on liability shall not apply to injury to life, body or health, to a defect after assumption of a warranty for the condition of the product or to fraudulently concealed defects. Liability pursuant to the Product Liability Act shall remain unaffected.

To the extent that the liability of EMP companies is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of EMP companies. Of course, you shall be entitled to statutory warranty rights.

8. Right of Revocation and Returns

8.1 Right of Revocation and Exceptions

You can cancel your order pursuant to the statutory right of revocation without specifying any reason. For more detailed information, please refer to the revocation policy. For exercising the right of revocation, you can use our revocation form or you can formulate your own declaration of revocation. You will need the Adobe Acrobat Reader (available free of charge) for displaying and printing the information regarding returns.

Please note: The right of revocation does not apply to agreements

  • for the delivery of audio or video recordings or computer software, such as games (eg. CDs, LPs, DVDs) in a sealed package if the seal was removed after delivery;
  • for the delivery of tickets for events of any kind with a specific date or period (e.g. concerts);
  • for the delivery of goods which are not prefabricated and for the manufacturing of which you have made an individual selection or designation or which have been clearly tailored for your personal needs;
  • for the delivery of goods which are not suitable for return for reasons of public health or hygiene where the seal was removed (e.g. piercings, contact lenses);
  • concerning services where EMP has completely rendered the service and if you were aware and have expressly agreed prior to ordering that we can begin rendering the service and you will lose your right of revocation upon complete fulfilment of the agreement.

Revocation Policy

Standard revocation policy for exercising your right of revocation regarding agreements for the purchase of goods.

Right of Revocation

You have the right to revoke this agreement without providing grounds within fourteen days.

The revocation period is 14 days and starts to run from the date on which you, or a third party authorised by you, other than the carrier, has taken delivery of the goods or, for digital contents which are not delivered on a physical data carrier (e.g. CDs or DVDs) and services, from the date of the conclusion of the agreement.

In order to exercise your rights of revocation, you must contact us (EMP Retourenservice, Am Stadtwalde 12, 48432 Rheine, telephone: +49 (0)591-914310; telefax: +49 (0)591-914320, email: mailbox@emp.de or any other EMP company) and inform us through an express declaration of your decision to revoke this agreement (e.g. a letter sent by post, telefax or email). You may use the sample revocation form attached below, yet this is not mandatory.

For adherence to the revocation term it is sufficient that you send the notification regarding your exercising of your rights of revocation prior to the expiry of the revocation term.

Consequences of Revocation

In the event that you should revoke this agreement, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard, low-cost delivery we offer), at the latest within fourteen days from the date that we receive your notification of revocation of this agreement. For this refund we shall utilize the same payment method that you used for the original transaction, unless any alternative method is expressly agreed with you; under no circumstances will you be subjected to charges for this refund. We may refuse to execute the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever date is earlier.

You will have to return the goods to us without undue delay and no later than within fourteen days of the date on which you informed us of your revocation of the agreement. The deadline is deemed to have been met if you dispatch the goods before the expiry of the fourteen day period.

The immediate cost of returning the goods shall be borne by us. You shall only bear any loss of value to the goods if such a loss of value results from any handling of the goods other than that which is necessary to ascertain the nature and functioning of the goods.

In the event that you have requested that the services or the supply of water/gas/electricity/district heating should start during the revocation period, you shall be required to pay us a reasonable sum for the proportion of services already provided up to the point in time that you notify us of your exercising of the rights of revocation in comparison to the full range of services intended in the agreement.

8.2 Our Voluntary Takeback Guarantee

Without prejudice to your statutory right of revocation, we grant you a voluntary takeback guarantee extended to a total of 30 days for articles which are also subject to the statutory right of revocation. The prerequisite for the 30 day takeback guarantee is that you have worn/tried out the goods only for fitting, as in a retail shop, and that you return the goods completely, in their original state, intact and without damage, in the original retail packaging. Within the framework of this voluntary takeback guarantee, we shall bear the costs for the return if you use our returns portal for returns from Germany and Austria. Apart from that, the same conditions shall apply to the voluntary takeback guarantee as to the statutory right of revocation (see revocation policy above), extended to 30 days.

9. Shopping Vouchers / Promotional Code

You may not pay for a shopping voucher with a voucher. Shopping vouchers are only redeemable in this web shop. Shopping vouchers can also be redeemed partially if the redeeming client has a customer account. Shopping vouchers must be redeemed within three years after the end of the year in which they were purchased. Only one promotional code can be applied per order. The equivalent value of a promotional code cannot be paid out in cash or offset against other claims. Promotional codes can be bound to a minimum order value which you have to reach with your purchase. If you subsequently fall below the minimum order value, e.g. by returning part of your order, the advantage of the promotional code shall lapse.

10. Free Articles

The ownership of free articles will only pass to you upon expiry of the revocation period and the voluntary takeback term (retention of title). If extras are linked to a minimum order value, the minimum order value shall refer to one order and must be reached by this single order even after exercising the statutory rights of revocation or the contractual return rights. If the purchase value of your order falls below the respective minimum order value by virtue of exercising a statutory right of revocation or a contractual return right, then the extra for this purchase must also be sent back with the return of the goods. In this case, an entitlement to other extras shall not arise.

11. Waste Disposal and Environmental Protection

For information regarding batteries as well as electrical and electronic equipment please refer to the section "Waste Disposal and Environmental Protection".

12. Provider Identification according to the German Telemedia Act (Section 5 TMG)

Address:
E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70 a
49811 Lingen
Germany
Postal Address:
E.M.P. Merchandising Handelsgesellschaft mbH
Postfach
49801 Lingen
Germany
Telephone: + 49 591 - 9 14 310
Mon-Fri: 8.00 am - 8.00 pm, Sat 10.00 am - 6.00 pm, Sun 11.00 am - 7.00 pm (except public holidays)
Fax: +49 591 - 9 14 320
Email: mailbox@emp.de
Return Address (Postal address for returns)
EMP - Retourenservice
Am Stadtwalde 12
48432 Rheine
Germany
Or the address indicated in the aftermailing
To our return portal
For Germany: DE 178 881 350
For Luxembourg: Code Number 1992 3403 011

Commercial Register:
Registered at the Local Court Osnabrück, HRB 100299

Managing Directors:
Ernst Trapp, Dr Jan Fischer, Stuart Bergen, Antony Harlow, Eric Levin

Online dispute resolution pursuant to Art 14 (1) ODR-VO: The European Commission offers a platform for online dispute resolution (ODR) available under http://ec.europa.eu/consumers/odr/.

Dispute resolution before a consumer dispute resolution authority (Section 36 VSBG): We are neither prepared nor obligated to participate in a dispute settlement procedure before a consumer arbitration body.