General Terms and Conditions
Content of the GTC
§ 1 Scope of application, definitions
§ 2 Contract
§ 3 Customer account
§ 4 Delivery, Availability of goods
§ 5 Retention of title
§ 6 Prices and delivery costs
§ 7 Vouchers
§ 8 Payment terms
§ 9 Warranty for defects, Guarantee
§ 10 Liability
§ 11 Delivery, Risk transfer
§ 12 Consumer cancellation right
§ 13 Super Epic return service
§ 14 Dispute settlement
§ 15 Final provisions
The following terms of contract shall apply between us, Metamorph GmbH, Alexander-Meissner-Str. 77D, 12526 Berlin – hereinafter referred to as „superepic.com“, „Super Epic“ or „we“ – and the customers named in § 2 of the contract – hereinafter referred to as „customer“ or „you“:
§ 1 Scope of application, definitions
(1) For the business relationship between you and us, the following General Terms and Conditions in the version valid at the time of your order shall apply exclusively.
(2) Unfortunately, we do not accept any terms and conditions of yours that deviate from these unless we expressly agree to their validity in writing.
(3) Customers can be consumers, but also companies.
(a) A consumer is the one for whom the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activity.
(b) Entrepreneur is any natural or legal person or partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding the contract. Insofar as our GTC provisions do not apply to entrepreneurs, we expressly point this out.
(4) German is the contractual language for orders in the part of our web shop available at http://www.superepic.com/de.
(5) For orders in the part of our web shop available at http://www.superepic.com/en, the contractual language is English.
§ 2 Contract
(1) In our online shop the representations of the goods are not binding and therefore do not contain a binding offer from us. This is merely a request to you to submit a binding offer to us.
(2) You can select products from our range and collect them in a so-called shopping cart that we provide for you by clicking the button „Add to cart“.
(3) By clicking the „Buy“ button, you then submit a binding request to purchase the goods in the shopping cart.
(4) Before sending the order, you can change and view the data at any time.
(5) By clicking on the „Buy“ button, you agree to these contractual terms and conditions and thus include them in your application.
(6) We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and you are informed about the contractual details and which you can print out on your respective computer using the „Print“ function.
(7) The automatic confirmation of receipt only documents that we have received your order. However, it does not constitute an acceptance of the application.
(8) The contract is in fact only concluded either by an express declaration of acceptance by us, which is sent with a separate e-mail (confirmation of dispatch).
§ 3 Customer account
(1) The registration to our online shop „Super Epic“ is of course free of charge.
(2) The registration of a customer account may only be done for one single natural person as customer. The registration of an entrepreneur as customer is not possible within the customer account.
(3) You are only allowed to register if you have unlimited legal capacity. The customer account is therefore also not transferable. However, there is also no claim to the opening of a customer account.
(4) The data requested during registration must be complete and correct. If these data change, you are obliged to update the information immediately.
(5) When you register, you choose a password. The password must be kept secret to prevent others from accessing the customer account. You are obliged to inform us immediately if there are any indications that a third party has misused the customer account.
(6) We reserve the right to block your customer account and even to permanently exclude you from further trading via our online shop if you have provided false data during registration, transferred the customer account, violated legal regulations, rights of third parties or these terms and conditions in connection with our online shop, caused considerable damage to other customers or to us or if there is another important reason.
§ 4 Delivery, availability of goods
(1) If no copies of the product you have selected are available at the time of your order, we will inform you immediately in a separate e-mail. If the product is permanently unavailable, we will not issue a declaration of acceptance. In this case, a contract does not come about.
(2) If the product you have specified in your order is only temporarily unavailable, we will also inform you of this in a separate e-mail.
(3) In case of a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case we are also entitled to withdraw from the contract. In this case we will of course immediately refund any payments already made by you.
§ 5 Retention of title
(1) The delivered goods remain our property until full payment has been made.
(2) During the existence of the reservation of title, you may not sell the goods (hereinafter referred to as „reserved goods“) or otherwise dispose of the ownership thereof.
(3) In the event of access by third parties – in particular by bailiffs – to the goods subject to retention of title, you shall draw attention to our ownership and notify us immediately so that we can enforce our ownership rights.
(4) In the event of conduct in breach of contract, in particular default of payment, we shall be entitled to demand that you return the reserved goods, provided that we have withdrawn from the contract.
§ 6 Prices and shipping costs
(1) All prices quoted on our website are final prices and therefore include the applicable statutory value added tax.
(2) The corresponding delivery and shipping costs are available at https://www..superepic.com/en/service/shipping-information and are to be borne by you. If you exercise your right of revocation, possible restrictions may apply (more details under Revocation).
(3) For orders of 50.00 EUR or more within Germany, we deliver free of charge in standard shipping.
(4) You are not entitled to any right of set-off or retention unless the counterclaim is undisputed or has been legally established.
§ 7 Vouchers
(1) Vouchers can be purchased and/or redeemed for the purchase of our goods at www.superepic.com or in our own store in Berlin.
(2) A cash payment and/or interest on the value of the voucher is generally not possible.
(3) If the credit balance of a voucher is not sufficient for the order, the difference can be balanced with the offered payment options
(4) Our vouchers have no validity period.
(5) Vouchers can only be redeemed before the order process is completed. However, vouchers cannot be credited retroactively.
(6) No more than one voucher can be used for an order.
(7) The voucher is transferable. The use of vouchers for commercial purposes is not permitted. The duplication, editing or manipulation of the vouchers is also not permitted.
(8) In addition to vouchers, we also carry so-called promotion vouchers. Promotional vouchers are vouchers which cannot be purchased, but which we issue as part of advertising campaigns with a certain period of validity.
§ 8 Terms of payment
(1) You can choose between the following conditions for ordering and delivery within Germany:
- Cash on delivery (standard and express shipping)
- By credit card (VISA, Mastercard, American Express)
- By invoice (for an order value of up to 1,500.00 €, including prior credit check)
- Per amazon payments
- By instant bank transfer
- By PayPal
(2) Unless otherwise agreed and assured by us, you shall bear the fees incurred by the credit institutions for payment by advance bank transfer (Sofort Überweisung) or PayPal. In addition, you will of course also bear the final price and the delivery and shipping costs.
(3) The fees charged by the transport company DHL (Deutsche Post AG) or UPS (http://www.superepic.com/de/service/shipping-information) when paying cash on delivery are in addition to the final price and the delivery and shipping costs.
(4) In case of an order and/or delivery of the goods outside Germany, payment can be made by credit card, PayPal or amazon pay. In Austria and Switzerland additionally also by invoice.
(5) Purchase by instalments or on trial is not possible. The statutory right of revocation shall remain unaffected.
(6) Payment of the purchase price by invoice shall be made via the payment service provider Payolution (payolution GmbH, Am Euro Platz 2, 1120 Vienna). The terms of use of this payment service provider apply (Payolution terms of use: https://payment.payolution.com/payolution-payment/infoport/agb?mId=TWV0YW1vcnBoIEdtYkg=).
(7) Otherwise the payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay interest on arrears at a rate of 5 percentage points above the base interest rate, unless otherwise regulated.
(8) Your obligation to pay default interest does not exclude the assertion of further default damages by us or the payment service provider you use.
(9) In addition to the purchase on account pursuant to (6), the respective provisions of the other payment service providers used by you, such as
- SOFORT Überweisung (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany), Data protection: https://www.sofort.com/ger-DE/datenschutzerklaerung- sofort-gmbh/
- amazon pay (Amazon Payments Europe S.C.A., 5 Rue Plaetis, 2338 Luxembourg) User agreement: https://payments.amazon.de/help/201751590
- PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) PayPal Terms and Conditions: https://www.paypal.com/de/webapps/mpp/ua/legal
§ 9 Warranty for material defects, guarantee
(1) We shall be liable for material defects in accordance with the statutory provisions applicable to such defects, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE).
(2) An additional guarantee exists for the goods delivered by us only if this has been expressly given by us in writing for the respective article.
(3) In the event of obvious material or manufacturing defects in the goods, including transport damage, we ask you to file a complaint immediately. If you do not complain immediately, this does not affect your legal rights. For all defects of the purchased goods occurring during the legal warranty period, the legal claims for supplementary performance, for removal of defects/new delivery as well as – if the legal requirements are met – the further claims for reduction or withdrawal as well as compensation for damages, including compensation for the damage instead of performance as well as compensation for your futile expenses, shall apply at your choice.
You can announce your complaint under support@superepic.com. You can return the goods postage paid to Metamorph GmbH, Reklamation, Alexander-Meißner-Str. 77D, Tor 34-45, 12526 Berlin, Deutschland.
(4) Insofar as an order relates to goods whose condition has been stated as „used“, the customer has acknowledged prior to the conclusion of the order that the object of purchase may deviate from the objective requirements to the extent described in each case and has expressly agreed to this deviation in each case.
§ 10 Liability
(1) Your claims for damages are excluded. Excluded from this, however, are claims for damages arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage claims are claims for damages on your part arising from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 11 Delivery, transfer of risk
(1) The delivery of the goods is carried out by shipping to the delivery address you have specified. All deliveries are delivered in Germany by default with the parcel service of DHL (Deutsche Post AG) or UPS.
(2) We take the dispatch of the purchased goods as soon as possible, at the latest within five working days.
after receipt of payment, if you have chosen prepayment (bank transfer in advance or PayPal) as payment method;
after conclusion of the contract, if you have chosen cash on delivery as payment method.
(3) If you pay by credit card, we will initiate payment on the day of dispatch of the goods.
(4) The delivery of the goods is at our risk. The risk of accidental loss and accidental deterioration of the goods shall not pass to you until the goods are handed over to you; this also applies to mail order purchases.
§ 12 Consumer’s right of withdrawal
(1) You have the right to revoke this contract within fourteen days without giving reasons.
(2) The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and designated by you took possession of the goods. In the case of a contract for several goods which you have ordered under a single order and which are delivered separately, the withdrawal period shall be fourteen days from the day on which you or a third party, other than the carrier and designated by you, took possession of the last partial consignment or the last item.
(3) In order to exercise your right of withdrawal, you must
Metamorph GmbH – Super Epic, REVISION
Alexander-Meissner-Str. 77D
12526 Berlin-Germany
Phone: 0049-(0)30- 400 446 60
Fax: 0049-(0)30- 400 446 39
e-mail: widerruf@superepic.com
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use our attached cancellation form (link at the bottom of the page), but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you cancel this Agreement, we shall refund to you all payments we have received from you, including delivery charges (other than any additional charges arising from your choice of a delivery method other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of withdrawal does not apply to the following contracts, unless the parties have agreed otherwise: contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs, contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 13 Super Epic Return Service
For all your purchases on our website, we offer a special Super Epic return service for a total of 14 days from receipt of goods, provided the goods are complete, in their original packaging and in unused and undamaged condition. Timely dispatch is sufficient to meet the deadline.
The goods must be returned to: Metamorph GmbH, Retouren, Alexander-Meißner-Str. 77D, Tor 34-45, 12526 Berlin, Deutschland.
To use the Super Epic return service, the items must be securely packed in the original box, the return slip must be completed and placed in the package. The return label must be attached to the package so that it is clearly visible. The return shipment is free of charge within Germany as long as the sum of the returned goods exceeds the amount of 40 Euro and if the enclosed return label is used.
The contractually granted Super Epic return service does not affect your legal rights and claims. Especially your legal right of withdrawal according to § 12 and your legal warranty rights according to § 9 remain unrestricted.
§ 14 Dispute settlement
The European Commission provides an online dispute resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body. The competent body is the General Consumer Conciliation Board of the Centre for Conciliation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
§ 15 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between you and us, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If you are an entrepreneur, the place of jurisdiction shall be Berlin as the general place of jurisdiction.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
