Terms and Conditions - myWorld Marketplace
Last amended: 06.07.2020
The present Terms & Conditions regulate the business relationship between mWG myWorld Germany GmbH ("myWorld") and the users of the myWorld Marketplace ("You" or “you”) when purchasing goods via the myWorld Marketplace.
mWG myWorld Germany GmbH (myWorld)
District Court of Cologne, Business registration number HRB 66866
VAT Reg No.: DE814665875
1.1. myWorld runs the website: “myWorld Marketplace”, which can be found at de.myworld.com. Via this website, you can purchase products from myWorld or other third parties.
1.3. myWorld addresses its offers on the myWorld Marketplace to consumers according to the Consumer Protection Act.
1.4. These Terms & Conditions are not applicable in the event that you purchase products from third parties via the myWorld Marketplace. For the purchase of products from third parties on the myWorld Marketplace, the General Terms and Conditions for the respective merchant are applicable.
myWorld does not allow minors access, otherwise known as person who are not yet 18 years of age and are not yet considered capable in the eyes of the contractual regulators, access to the myWorld Marketplace. Products for children can only be purchased via the myWorld Marketplace by persons over the age of 18 and deemed as capable in the eyes of contractual regulators.
3. CONCLUSION OF CONTRACT
3.1. Your placing of an order for a product from myWorld via the myWorld Marketplace represents an offer to myWorld to complete on a purchase contract. If you place an order with myWorld, myWorld will send you a notification which confirms receipt of the order and includes details of your order (order confirmation). This order confirmation does not represent an acceptance of your offer but rather informs you that your order has been received by myWorld. A purchase contract only exists at the moment that myWorld sends the product which has been ordered by you and confirms the dispatch by sending you a second email (confirmation of dispatch). If your order is to be sent in more than one consignment, you may receive a dispatch confirmation for each consignment. In this case, each confirmation of dispatch constitutes a separate purchase contract between you and myWorld concerning the products listed in the relevant dispatch confirmation. Your contractual partner is myWorld.
3.2. Should myWorld establish, whilst processing your order (prior to dispatch confirmation or existance of the applicable purchase contract) that the product which you have ordered is not available, you will be informed of this via separate email. A purchase contract for the ordered product is therefore not concluded
3.3. myWorld has the possibility to refuse the order if it is misused or if it violates the General Terms and Conditions.
3.4. In order to cancel the order free of charge prior to the arrival of the dispatch confirmation, irrespective of your right to withdraw in according with Clause 4 of these Terms & Conditions, please send an email or a contact form to the support.
3.5. You consent to being able to receive invoices electronically. Electronic invoices are made available to you in a format which can be both saved and printed out in your Login area of the website.
3.6. Products from the myWorld marketplace are sold in common household quantities.
4. RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from this contract within 30 (thirty) days without giving any reason. The withdrawal period is 30 (thirty) days from which you or a third party identified by you, not including the carrier, receives the goods (or the last goods, partial delivery or piece in the case of a contract for a single order of several goods or the partial delivery of items).
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached withdrawal form template, but it is not obligatory. Please send your withdrawal request to:
mWG myWorld Germany GmbH
To meet the withdrawal deadline, it is sufficient for you to send your notice concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever comes first.
You must return the goods to the following address without delay and in any case, no later than fourteen days following the day on which you notified us of your withdrawal from this contract:
myWorld.com – Returns
The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct costs for returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply or expire in the following contracts for
a. goods or services where the price is dependent on the fluctuations of the financial market, over which the business owner has no influence and which could take place during the withdrawal period,
b. bespoke goods or goods which have been tailored to personal requirements,
c. goods which could spoil within a short time period or if the expiry period is about to run out,
d. goods which were sealed on arrival and, for reasons of health, safety and hygiene, cannot be returned should the seal have been removed on receipt,
e. goods which, following delivery, were mixed with other goods and are then inseparable from these other goods due to their condition,
f. alcoholic drinks, whose price was agreed upon when the contract was drawn up, which cannot be delivered earlier than 30 days before contract completion and where the current value is dependent on fluctuations on the market, over which the business owner has no influence,
g. sound or video recordings or computer software, which were delivered in sealed packaging, should this seal have been removed following delivery,
h. newspapers, magazines or illustrations with exception of subscription contracts regarding the delivery of such publications,
i. the delivery of digital content which has been saved on a data storage device of some kind, if the business owner - with the express consent of the consumer, in connection with the acknowledgement of the loss of right to withdraw should the contract be fulfilled prematurely, and following the provision of a copy of confirmation - prior to expiry of the withdrawal period should the delivery have already been initiated.
5.1. All prices displayed on the myWorld Marketplace are inclusive of VAT. However, the stated purchase price does not include the cost of delivery, service or shipping as well as any applicable customs costs. To determine whether, and to what extent, custom costs are incurred in your country for the products ordered, you are responsible for familiarising yourself with the customs regulations of your country (see Point 9) The purchase price and the delivery, service and dispatch costs are listed in the order overview. .
5.2. Despite the commercially reasonable efforts on the part of myWorld, products can occasionally be displayed with the wrong price. myWorld checks the prices when processing your order and before taking payment. If a product is displayed with an incorrect price and the correct price is higher than that displayed on the website, myWorld will contact you before shipping the goods (prior to dispatch confirmation) in order to ask you whether you would like to purchase the product for the correct price or wish to cancel the order. You can, as long as you are prepared to purchase the goods for the correct price, submit an order for the goods at this price inside a week. If we receive no response from you, no purchase contract will be drawn up (see Point 3.).
6. PAYMENT AND ACCOUNTING
6.1. The offered payment methods on myWorld Marketplace will be displayed during the ordering process.
6.2. You are not entitled to a specific payment method.
7. RESERVATION OF PROPIETARY RIGHTS
The goods remain the property of myWorld up until such time as you have paid the purchase price in full.
8.1. Delivery is made to the delivery address provided by the customer during the order process. On the website, you will find tips relating to the availability of products which are sold by myWorld (for example, on the relevant product details page). The delivery time is approximately 6 working days, unless special, product-specific delivery times are specified on the relevant product detail page.
8.2. In the event that the item cannot be delivered to the customer because the goods delivered did not fit through the customer's front door, house entrance or stairway or because the customer was not encountered at the delivery address provided, although the time of deliver was conveyed to the customer in good time, the customer must cover the costs of the failed delivery.
8.3. Transport Damage
Whenever possible, visible damage resulting from transportation must be immediately reported to the carrier. Additionally, obvious damage resulting from transportation must be reported to myWorld immediately. Your statutory warranty rights remain unaffected. Damage must be reported to:
mWG myWorld Germany GmbH (myWorld)
8.4. Incorrect Delivery
Should goods other than the goods ordered arrive (i.e. incorrect delivery), a complaint can be issued within 14 days after receipt of the incorrect delivery. You undertake to return the incorrect goods (unused) within 14 days of receipt in the condition in which you received them. Your statutory rights remain unaffected. Complaints must be sent to:
mWG myWorld Germany GmbH (myWorld)
Returns must be sent to
myWorld.com – Returns
It is visible on the product details page if myWorld offers delivery to locations outside the EU. If you order products from myWorld with delivery outside of the EU and myWorld offers delivery to such destination, you may be required to pay import duty and taxes which are then lifted once the package reaches the specific destination. Any additional fees for customs clearance must be paid by you; myWorld has no influence over these fees. Custom regulations differ greatly from country to country, meaning that you should contact your customs authorities locally for more information. Please be aware that you are seen as an importer for the purposes of making orders with myWorld and that all laws and regulations of the country in which you receive the products must be observed. Data protection is important to myWorld and myWorld would like to make you aware that cross-border shipments are subject to opening and inspection by the customs authorities.
10.1. If your place of residence, habitual place of residence or place of employment is within the European Union, you have warranty rights for a period of up to two years, business owners for a period of up to one year, beginning from the delivery of goods and may request the repair or replacement of goods purchased should they be defective or not as described. Should the
goods not be able to be replaced within a reasonable time or cannot be repaired without difficulty, you are entitled to a refund or a reduction of the purchase price.
10.2. If your warranty has been fulfilled in the form of a replacement delivery, you are required to send
back the damaged goods, at the expense of myWorld, within 30 days to the following address:
myWorld.com – Returns
11. MYWORLD LIABILITY
11.1. myWorld is liable without limitation for damages arising from loss of life, personal injury or damage to health caused by an intentional or negligent breach of duty by myWorld.
11.2. myWorld is also liable without limitation for other damages arising from an intentional breach of myWorld's duties. An intentional breach of duty is in existence should myWorld or its vicarious agents not perform a duty on purpose, i.e. knowingly and intentionally.
11.3. For other damages caused by a grossly negligent breach of myWorld's duties, myWorld's liability is limited to typical and foreseeable damage. A gross negligent breach of duty comes into existences if myWorld or its vicarious agents not perform a duty due to a notable lack of concern, or that the behaviour deviates from the due diligence and care in the extreme.
11.4. myWorld accepts only limited liability for typical and foreseeable damages resulting from slight negligent breach of obligations, which are fundamental for the adequate and proper performance of the contract and on whose fulfilment the seller accordingly trusts and may trust (cardinal obligations).
11.5. In as far as the liability of myWorld is limited or excluded, such limitations or exclusions shall also apply for the personal liability of myWorld employees, legal representatives and vicarious agents.
11.6. Any further claims for damages are excluded, subject to the following information in Clause 11.7. This especially applies to any liability regardless of fault for initial defects.
11.7. The limitations and exclusions of liability pursuant to this Clause 11.1 to 11.6 shall in no way affect the liability of myWorld in compliance with the mandatory legal provisions of the Product Liability Act.
11.8. The user has the opportunity to filter the selected products according to a diverse range of critera
(for example, according to price). myWorld accepts no liability, however, for any mistakes which might occur during filtration of the products on offer.
12. APPLICABLE LAW
German Law applies with exception of UN Purchase Law (CISG) and the conflict of law. The competent court in Cologne shall have exclusive jurisdiction for all potential disputes arising out of or in connection with these terms and conditions. For contracts involving consumers, the consumer has the choice between the court in whose district the domicile, habitual residence or place of employment of the consumer is located and the jurisdiction located at the myWorld premises. Although German Law is applicable to the present business relationship, you can also call on the mandatory consumer protection regulations implemented by the state in which you live, insofar as this state is a member state of the European Union. In this case, you may file a claim in connection with these conditions of use which are the result of consumer protection norms, both in Germany and the EU member state where you live.
Complaints/online dispute resolution/arbitration procedure
The European Commission makes a platform for the purpose of online dispute resolution available via the following link ('OS Platform'). myWorld strives to resolve all potential differences of opinion which could conceivably arise from this contractual relationship amicably. Furthermore, myWorld is not obliged to participate in an arbitration procedure and cannot offer you the opportunity to partake in such a procedure.
13. Additional Instructions
We would like to draw your attention to our Data Protection Policy as well as to our tips on cookies and internet-based advertising materials which you can access via de.myworld.com.