General terms and conditions
Last updated on September 21, 2020
§ 1 Contracting party
The operator of the website merchcosmos.com and its contractual partner with the registration will be
YUNIVERS UG (haftungsbeschränkt)
Sales tax identification number according to § 27 German sales tax law: DE327267434
Company ID: HRB 100193
Commercial registrar Darmstadt, Germany
- In the following also referred to as “we” or “us”.
As a customer of the Service or a representative of an entity that’s a customer of the service, you are a “Member” (also referred to as “you”) according to this agreement.
§ 2 Scope of application
- These general terms and conditions apply to all contracts concluded with MerchCosmos.
- Both contracting parties recognize the following conditions as for both sides obligatory components of the contract. Different TOS of the user find no application also if he referred to these and MerchCosmos has not contradicted. These have only then validity if they are confirmed by MerchCosmos expressly in writing before conclusion of a contract.
§ 3 Use of service
- MerchCosmos is an analysis service for merchants on Print-on-demand platforms such as Merch by Amazon and Spreadshirt to monitor various sales indicators combined and separately.
- Your use of the service is based on a user license in the form of a subscription and/ or membership of MerchCosmos’ offered software. By creating an account we grant you a limited, non-transferable license to use our service in accordance with the terms of this agreement, as long as you are a member.
§ 4 Registration/user account
- For the use of MerchCosmos a free registration is necessary, therefore the setup of a user account by the user. The data requested during registration must be truthfully provided by the user and kept up to date.
- The creation of a user account and its use is only permitted to persons who are at least 18 years old. We reserve the right to make the registration dependent on the submission of suitable age verification. Accounts registered by “bots” or other automated methods are not permitted.
- Maintaining the security of the account and password shall apply to the responsibility of the member. We will not be liable for any loss or damage from your failure to comply with this security obligation.
§ 5 Pricing
- Our charges related to our Services are posted on our Website at MerchCosmos.com#tiers. We reserve the right to change prices occasionally.
§ 6 Payments
- As long as you are using a paid membership subscription or have an outstanding balance with us, you are obliged to provide us with a valid payment source and authorize us to deduct the monthly charges against that payment source. You will replace the information for any payment source that expires with information for a different valid payment source. By providing any type of payment source, you warrant, that you are authorized to use this payment source. You agree that all charges may be billed to that payment source and warrant a rejection of the payment.
- If, for some reason, we are unable to process your payment, we will try to contact you by email or any other way so you may provide us with an alternate payment source. Payment sources include Credit-Cards or any other means which we deem acceptable. Failure to perform payment shall construe as material breach of this agreement.
§ 7 Electronic communications
- Whenever you use the MerchCosmos service, send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
§ 8 Termination
- You may terminate this agreement and your membership at any time by giving notice to us.
- If the user violates legal regulations, rights of third parties or these TOS MerchCosmos reserves itself the admonishment of users, their temporary and/or final ban. On already at this time concluded contracts this has no effects.
- MerchCosmos also reserves the right to delete accounts that are not used over a longer period of time after prior notification by email within a period of 14 days.
§ 9 Warranty
- The warranty is governed by the statutory provisions. The German warranty law for defects applies.
§ 10 Limitation of liability
- MerchCosmos is unrestrictedly liable for any legal reason in case of injury of life, body or health, in case of intent or gross negligence, in case of fraudulent intent and guarantee promises and if the liability is according to mandatory legal regulations, such as the product liability law.
In all other respects MerchCosmos is liable equal from which legal ground as follows:
- If MerchCosmos negligently violates a contractual obligation (so-called cardinal obligation), the liability for damages to property is limited to the foreseeable, typically arising average damage. Essential contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely on.
- If MerchCosmos negligently violates an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.
- Except the paragraphs mentioned above, MerchCosmos does not commit itself to any further liability in any terms whatsoever.
§ 12 Offsetting / right of retention
- The assertion of a right of retention or a set-off by the customer with a counterclaim is only possible with undisputed or judicially recognized counterclaims.
§ 13 Applicable Law / Severability Clause
- The law of the Federal Republic of Germany shall apply to all legal transactions. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the user has his regular residence. International sales law does not apply.
- Should individual regulations of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the ineffective provisions with other effective provisions which correspond as closely as possible to the economic purpose of the ineffective provisions.