Home » General Terms and Conditions for mercateo.co.uk

§ 1 Inclusion of General Terms and Conditions
§ 2 Contractual partners
§ 3 Conclusion of agreement
§ 4 Information in the catalogue
§ 5 Right of return
§ 6 Availability caveat
§ 7 Delivery and payment
§ 8 Default
§ 9 Retention of title
§ 10 Place of performance and transfer of risk
§ 11 Set-off and retention
§ 12 Obligation to give notice of defects, warranty
§ 13 Liability
§ 14 Gratuitous vouchers
§ 15 Choice of law
§ 16 Written form
§ 17 Venue
§ 18 Severability


§ 1 Inclusion of the General Terms and Conditions

1.1 In the contractual relationship between Mercateo UK Ltd. 16 Great Queen Street, London WC2B 5AH (“Mercateo”) and the customer, these General Terms and Conditions of Sale in the version applicable at the time of conclusion of contract shall apply exclusively.

1.2 In individual cases, separate terms and conditions of Mercateo or of the respective co-operating partner company of Mercateo apply in addition to these General Terms and Conditions. Such separate terms and conditions will be referred to specially.

1.3 The inclusion of any general terms and conditions of the customer is expressly excluded. Such inclusion shall not occur even if Mercateo has not reacted or not expressly objected to a declaration of such inclusion by the customer, for example in the form of a reference on business notepaper, delivery notes or similar.

1.4 The rendering of agreed performance or the unconditional acceptance of performance or payment shall not be deemed to be a consent to the inclusion of the customer’s terms and conditions either.


§ 2 Contractual partners

2.1 Mercateo directs the offer of goods and services (products) exclusively to entrepreneurs (customer) as well as to freelancers, corporations under public law and associations. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. Mercateo’s offer is exclusively intended for business customers and not for consumer. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.

2.2 In case it comes to Mercateo’s attention after conclusion of the contract that the customer is not an entrepreneur within the meaning of 2.1 of these General Terms and Conditions, Mercateo is entitled to declare rescission from the contract within a reasonable time period.


§ 3 Conclusion of agreement

3.1 The contract between Mercateo and the customer is concluded through an acceptance in compliance with the customer’s offer by Mercateo in accordance with the following provisions.

3.2 The performances offered by Mercateo in the online catalogue constitute an invitation of Mercateo to the customer to submit an offer for conclusion of a purchase and sale contract.

3.3 The customer’s order is the offer to Mercateo for conclusion of a purchase and sale contract at the terms and conditions specified in the order.

3.4 Mercateo’s confirmation of receipt of the order does not constitute an acceptance of the offer.

3.5 The contract is concluded through express declaration of acceptance by Mercateo vis-à-vis the customer. In the absence of such declaration through separation of the goods for dispatch to the carrier, at the latest when the goods is handed over to the carrier.


§ 4 Information in the catalogue

4.1 The specific details of a product stated in the online catalogue (e.g. advertisement pictures, delivery periods, prices) are not binding and do not constitute a description of the properties of the product.

4.2 The delivery periods and availabilities stated in the online catalogue are based on the data provided by Mercateo’s suppliers and refer to working days from Monday to Friday. They are unbinding statements on estimated delivery periods and availabilities.

4.3 The prices stated in the catalogue are net prices with the respectively applicable statutory VAT to be added unless catalogue prices are expressly marked to be gross prices.

4.4 Should a price stated in the online catalogue turn out to be wrong, Mercateo is entitled to rescind the contract without prejudice to a statutory right, if any, for avoidance. Such rescission shall be declared immediately after the reason for rescission came to Mercateo’s attention.


§ 5 Right of return

5.1 Any return (e.g. acceptance or exchange of returned products) that is not based on a statutory and/or agreed right is excluded. Where rights of return or the legal consequences of such rights of return are stated for individual items, these shall have priority over these General Terms and Conditions.

5.2 In case of return, the customer shall bear the shipping cost that has or will be incurred in fact for the delivery and the cost of reshipment such as forwarding costs and service fees of Mercateo unless the return is based on a right of rescission. The chance of damage or destruction of the returned item will be borne by the customer until said item has been handed over to Mercateo. The item is deemed to be handed over to Mercateo upon reception by an authorised person.

5.3 Before exercising his right of return, the customer shall contact Mercateo’s customer service to agree on the further procedure and to enable an efficient return. For this purpose, the online form for queries on returns and complaints is available to the customer in the order archive. Reception of returned items does not imply acceptance of the requested return.


§ 6 Availability caveat

6.1 Should, after conclusion of the purchase and sale contract, Mercateo be informed by the supplier of delivery times deviating from the unbinding delivery times stated in the online catalogue, then Mercateo shall inform the customer thereof without undue delay. If a subsequent unbinding statement of the estimated delivery period cannot be complied with either, Mercateo will again inform the customer without undue delay.

6.2 Should Mercateo, after conclusion of the contract, become aware that the goods are not available, Mercateo will inform the customer thereof without undue delay. If such non-availability is due to circumstances which Mercateo is not responsible for, Mercateo is entitled to rescind the contract within reasonable time from when Mercateo became aware of such non-availability. Alternatively, Mercateo may offer to the customer to deliver goods comparable to the original goods as to kind and quality instead of the original goods. If the customer does not agree to such amendment of the contract within reasonable time from receipt of such an offer, Mercateo is entitled to rescind the contract within reasonable time.
In case of rescission, Mercateo will refund any received counter-performance without undue delay.


§ 7 Delivery and payment

7.1 The goods shall be delivered in the packaging units stated in the online catalogue. Reservation is made as to technical changes and changes of shape, colour and weight unit of the packaging unit within reasonable bounds and within the limits customary in the particular trade.

7.2 Mercateo supplies exclusively to delivery addresses in the UK.

7.3 Longer delivery periods may occur in individual cases due to causes which cannot be influenced, or cannot be sufficiently influenced, by Mercateo or the supplier (so-called force majeure, e.g. weather-related influence). As soon as Mercateo becomes aware that in such a case the delivery will presumably be delayed, the customer will be informed.

7.4 Partial deliveries are permitted.

7.5 The delivery note is dispatched with the goods. Invoicing is undertaken separately via mail or in electronic form.

7.6 The costs for shipment of the goods vary from supplier to supplier. The actual costs are stated in the shopping basked separately for each supplier. The ordered goods are shipped through the parcel service chosen by the supplier effecting the delivery. As a mere precaution, Mercateo underlines that some suppliers and carriers charge an additional fee for deliveries to islands. In case of delivery to an island and/or in case an obstacle needs to be surmounted such as a gap or a level difference, in particular stairs, between the actual place of unloading and the actual place of installation of the goods, the customer shall contact Mercateo’s customer service to agree on the delivery details and the costs which will incur in the particular case. If the customer fails to do so before placing the order, Mercateo reserves the right to subsequently invoice any additional cost incurred thereby.

7.7 Mercateo principally offers several payment methods. The payment methods offered to the customer are stated on the Mercateo platform. The customer can select the payment method he prefers while placing the order. Mercateo’s acceptance of the payment method selected by the customer is subject to a reservation of a positive creditworthiness check of the customer. Mercateo is entitled to check the creditworthiness of the customer prior to delivery, using information services such as “Creditsafe” or other information services active in Germany or in the country where the customer’s registered seat is situated. If the creditworthiness check does not achieve a satisfactory result, Mercateo is entitled to only effect delivery to the customer in return for an advance payment. Mercateo shall inform the customer thereof without undue delay. Acceptance of bills of exchange is excluded in case of payment in advance of delivery.

7.8 Payment claims are due immediately after invoicing without deduction unless the parties agreed otherwise in the particular case in writing. The customer shall bear any costs incurred by Mercateo for unjustified non-payment of claims and/or the customer’s insolvency.


§ 8 Default

In case of default, Mercateo is entitled to charge default interest at the rate of 8 points above the base rate of interest of the European Central Bank.


§ 9 Retention of title

9.1 Mercateo retains title to the delivered goods until settlement of all its claims arising from the entire business relationship with the customer.

9.2 The customer is not entitled to pledge the goods under retention of title, to assign them as a security or grant third parties any other rights of security to them. In case a third party nevertheless acquires any rights to such goods, the customer already assigns all subsequent rights it acquires thereby to Mercateo. Mercateo accepts such assignment. The customer is obliged to inform Mercateo without undue delay if goods have been pledged, seized or disposed of otherwise by any third party.

9.3 Mercateo shall release the retained title as soon as and to the extent that the realisable value of it lastingly exceeds the claim against the customer by more than 20%.

9.4 In case of current accounts, the securities serve the purpose of securing balance claims.


§ 10 Place of performance and transfer of risk

10.1 Place of performance for Mercateo’s obligation to deliver is the location of the shipping warehouse of the ordered products.

10.2 The risk taking shall pass to the customer upon effectively handing over of the sold object to the carrier at the place of performance. Default of the customer in taking delivery will be considered as this afore-mentioned dispatch.


§ 11 Set-off and retention

11.1 The customer may only offset claims which have been finally established or are ready for decision or have been acknowledged by Mercateo in writing. In any other case, off-setting by the customer is excluded.

11.2 Rights of retention on the part of the customer shall exist only to the extent that such rights arise from the same contractual relationship as Mercateo’s counter-performance for the retained obligation results.


§ 12 Obligation to give notice of defects, warranty

12.1 If the sale is a bilateral mercantile transaction the customer must examine the goods immediately after their delivery by Mercateo, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to Mercateo. A customer failing to give such notice shall be deemed to have accepted the goods, unless the defect in question is one not discernible by such examination. Upon the subsequent appearance of a defect not discoverable by such examination, notice thereof must be given immediately upon its being discovered, otherwise the goods will be held to have been accepted notwithstanding such defect. The costumer’s rights are sufficiently protected by the sending off of the notice at the proper time. If Mercateo intentionally conceals any defect Mercateo cannot rely upon the rules of this section. In such a case, the customer shall inspect the goods and notify Mercateo of any defect discovered as Mercateo’s vicarious agent. To contact Mercateo regarding a notification of a defect, Mercateo’s online form for returns and complaints available in the order archive may be used.

12.2 The warranty period is one year from effectively handing over of the object to the customer. This shall not apply if Mercateo fraudulently concealed the defect.

12.3 In cases of warranty, Mercateo shall render supplementary performance through, at its own choice (i) removal of the defect by rectification or (ii) exchange of the delivered defective good for a good free from defects.

12.4 If two attempts at rectification failed within a respectively reasonable time period, the customer is entitled to reduce the purchase price or rescind the contract. Any other claims of the customer are excluded.

12.5 Before exercising his warranty right, the customer shall contact Mercateo’s customer service to agree on the individual procedure and enable an efficient warranty procedure. For this purpose, the customer may use Mercateo’s online form for returns and complaints available in the order archive. A return and reception of goods by Mercateo does not imply automatic acceptance of warranty claims.


§ 13 Liability

13.1 Mercateo is fully liable for any damage arising out of death or injury to body or health resulting from infringement of duty by Mercateo or Mercateo’s legal representatives or vicarious agents. Further, Mercateo is also liable for any other damage resulting from intentional or grossly negligent infringement of duty by Mercateo or Mercateo’s legal representatives or vicarious agents. If any of this other damage results from simple negligence, Mercateo is liable in case of infringement of a material contractual obligation (i.e. an obligation resulting from a reciprocal relationship, fulfilment of which is a prerequisite for proper implementation of the contract and on the compliance of which the customer relies and is entitled to rely) for this damage when it is typical of this type of contract and was reasonably predictable at the time the contract was concluded and regularly corresponds to the purchase price of the ordered goods.

13.2 Any further liability, in particular liability for damage due to improper use of the goods or damage due to force majeure is excluded; liability resulting from liability for fraudulent acts and/or guarantees shall remain unaffected.

13.3 These liability terms shall correspondingly apply to any claims of the customer against Mercateo’s organs and/or employees.


§ 14 Gratuitous vouchers

14.1 The following terms and conditions apply to the use of Mercateo vouchers which the customer has received from Mercateo without having paid a consideration for the purpose of payment of orders.

14.2 Only one voucher per customer and order may be used; vouchers may not be used for purchases in connection with Mercateo’s agency activities.

14.3 The voucher amount is inclusive statutory VAT.

14.4 If the order value is below the voucher value, the customer is not entitled to claim payment or have the difference credited. The difference value shall lapse.

14.5 The voucher value will be distributed to all items of one order on a pro-rata basis according to the items’ values. Shipment costs may not be set off against the voucher value. The voucher value will be stated in the invoice separately and the invoice total will be reduced accordingly. The customer may not reduce the invoice total by the voucher value on his own.

14.6 Vouchers are accepted for online orders only. Consideration of the voucher value after completion of an online order is excluded. Should the voucher value be not displayed in the shopping basket, the customer is obliged to contact Mercateo’s customer service by phone at 0871 07 51 02 5 (charge: 0,10 GBP / min.) for clarification of the matter before sending the order. Otherwise, the customer is not entitled to have the voucher value considered for that order.


§ 15 Choice of law

These terms and conditions and the contract with the customer are governed by English law and are subject to the exclusive jurisdiction of the English courts and excluding the UN Convention on Contracts for the International Sale of Goods.


§ 16 Written form

16.1 To be valid, any agreements between the parties must comply with the statutory written form requirement.

16.2 Any verbal agreements require written confirmation by both parties to be valid.

16.3 Any amendment or cancellation of the written form requirement must comply with the statutory written form requirement to be valid.

16.4 A declaration by e-mail is sufficient to comply with the written form requirements even if the respectively other party is identifiable as the issuer and the declaration has no electronic signature. The sender of an e-mail without an electronic signature cannot object to the contents of the declaration to be incorrect and, in case of court proceedings, waives the defence that it was not him who made the declaration with the respective contents to the addressee specified in the declaration at the point of time specified in the declaration.


§ 17 Venue

17.1 Exclusive venue for any disputes resulting from this contractual relationship or regarding the conclusion or validity of the contract is London if the customer is a merchant, a legal entity under public law or a special fund under public law.

17.2 Without prejudice to the above provision, Mercateo is entitled to bring action at any general venue permitted by statute.


§ 18 Severability

18.1 Should any of the above terms and conditions be or become invalid or void, validity of the remaining terms and conditions shall remain unaffected. The invalid or void provision shall be replaced by the statutory regulation unless the parties agree otherwise individually in a legally valid manner.

18.2 This shall correspondingly apply to any lacuna, i.e. should it turn out after conclusion of the contract that there is a gap which the parties would have considered in a provision if they had been aware of that issue before concluding the contract, the statutory regulation shall apply unless the parties agree otherwise individually in a legally valid manner.

Valid since March 2014