General Terms and Conditions
Contents
§ 1 Scope, Definitions
§ 2 Conclusion of Contract
§ 3 Customer Account
§ 4 Delivery, Availability of Goods
§ 5 Retention of Title
§ 6 Prices and Shipping Costs
§ 7 Vouchers
§ 8 Payment Methods
§ 9 Warranty for Defects, Commercial Guarantee, Complaint
§ 10 Liability
§ 11 Delivery, Transfer of Risk
§ 12 Right of Withdrawal for Consumers
§ 13 Andracor Return Service
§ 14 Dispute Resolution
§ 15 Final Provisions
The following contractual conditions apply
between us, Metamorph GmbH, Alexander-Meissner-Str. 77 D, 12526 Berlin – hereinafter „Supreme Replicas/we“ –
and
the customers specified in § 2 of the contract – hereinafter „Customer/You“:
§ 1 Scope, Definitions
(1) For the business relationship between You, our customer, and us, the following General Terms and Conditions shall apply exclusively in the version valid at the time of Your order.
(2) Deviating conditions from You will unfortunately not be recognized, unless we expressly agree to their validity in writing.
(3) Customers can be consumers, but also businesses.
(a) A consumer is anyone for whom the purpose of the ordered deliveries and services cannot be attributed to their commercial or independent professional activity.
(b) A business is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. Insofar as our GTC provisions do not apply to businesses, we explicitly point this out.
(4) For orders in the part of our online shop accessible under https://www.supremereplicas.com, German is available as the contractual language.
§ 2 Conclusion of Contract
(1) In our online shop, the presentations of goods are non-binding and therefore do not constitute a binding offer from us. This is merely an invitation to You to submit a binding offer to us.
(2) You can select products from our range and collect them via the button „Add to cart“ in a so-called shopping cart, which we provide for You.
(3) Via the button „Buy“, You then submit a binding application to purchase the goods in the shopping cart.
(4) Before sending the order, You can change and view the data at any time. By clicking on the button „Buy“, You agree to these contractual conditions and thus include them in Your application.
(5) We will then send You an automatic acknowledgment 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 using the „Print“ function on Your respective computer.
(6) The automatic acknowledgment of receipt merely documents that Your order has been received by us. However, it does not constitute an acceptance of the application.
(7) The contract is only concluded either through an explicit statement of acceptance by us, which is sent with a separate e-mail (shipping confirmation), or with the dispatch of the goods.
§ 3 Customer Account
(1) Registration for our online shop is of course free of charge.
(2) However, the registration of a customer account may only be carried out for a single natural person as a customer. The registration of a business as a customer is not possible within the customer account.
(3) You are only permitted to register if You have unrestricted legal capacity. The customer account is therefore also non-transferable. However, there is no entitlement to have a customer account opened.
(4) The data requested during registration must be provided completely and correctly. If this data changes, You are obliged to update the information immediately.
(5) During registration, 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 indications that a third party has misused the customer account.
(6) We reserve the right to block Your customer account and even permanently exclude You from further trading via our online shop if You provided false data during registration, transferred the customer account, violated legal regulations, third-party rights, or these GTC in connection with our online shop, caused significant 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 selected are available at the time of Your order, we will inform You of this immediately in a separate e-mail. If the product is permanently unavailable, we will refrain from a declaration of acceptance. In this case, a contract is not concluded.
(2) If the product specified by You in the order is only temporarily unavailable, we will also inform You of this in a separate e-mail.
(3) In the event of a delivery delay of more than two weeks, You have the right to withdraw from the contract. Moreover, in this case, we are also entitled to dissolve the contract. In doing so, we will of course immediately refund any payments You may have already made.
§ 5 Retention of Title
(1) Until full payment, the delivered goods remain our property.
(2) During the existence of the retention of title, You, the customer, may not sell the goods (hereinafter: „goods under retention of title“) or otherwise dispose of the ownership thereof.
(3) In the event of access by third parties – in particular by bailiffs – to the goods under retention of title, You will point out our ownership and notify us immediately so that we can enforce our property rights.
(4) In the event of breach of contract, in particular in the event of default in payment, we are entitled to demand the return of the goods under retention of title from You, provided we have withdrawn from the contract.
§ 6 Prices and Shipping Costs
(1) All prices specified on our website are final prices and therefore include the respective applicable statutory value-added tax.
(2) The corresponding delivery and shipping costs can be called up under https://www.supremereplicas.com/en/service/shipping-information and are to be borne by You, unless You make use of Your right of withdrawal and any restrictions arise from this. From a goods order value of 100 EUR within Germany, we deliver to You free of shipping costs in standard shipping anyway.
(3) You have no right of set-off or retention, unless the counterclaim is undisputed or legally established.
§ 7 Vouchers
(1) Vouchers can be purchased and/or redeemed for the purchase of our goods under www.supremereplicas.com .
(2) A cash payment and/or interest payment on the voucher value is generally not possible.
(3) If the credit balance of a voucher is not sufficient for the order, the difference can be settled using the offered payment options.
(4) Our vouchers have no expiration date.
(5) Vouchers can only be redeemed before completing the order process. On the other hand, 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. Duplicating, editing, or manipulating the vouchers is also not permitted.
(8) In addition to vouchers, we also carry so-called promotional vouchers. Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific validity period.
§ 8 Payment Methods
(1) You can pay, at Your choice, under the conditions mentioned below for orders and deliveries within Germany via:
- Cash on delivery
- Credit card (VISA, Mastercard, American Express)
- On invoice via payolution (for an order value up to €1,500.00 incl. prior credit check)
- Amazon Pay
- SOFORT bank transfer
- PayPal
(2) Any fees that may arise at the respective credit institutions for payment by advance bank transfer or PayPal shall be borne by You, unless otherwise agreed and assured by us. 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 for payment by cash on delivery (https://www.supremereplicas.com/en/service/shipping-information) shall be borne by You in addition to the final price and the delivery and shipping costs.
(4) For an order and/or delivery of the goods outside Germany, payment by credit card, PayPal, or payment in advance is possible. In Austria and Switzerland, additionally also on invoice.
(5) A purchase in installments or on approval is not possible. The statutory right of withdrawal remains unaffected by this.
(6) Payment of the purchase price on invoice is 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 here (Payolution Terms of Use: https://payment.payolution.com/payolution-payment/infoport/agb?mId=TWV0YW1vcnBoIEdtYkg=).
(7) For the rest, 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 simply by missing the date. In this case, unless otherwise regulated, You must pay default interest at a rate of 5 percentage points above the base interest rate.
(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 invoice according to (6), the respective provisions of the other payment service providers used by You apply for the rest, such as:
SOFORT bank transfer (SOFORT GmbH, Theresienhöhe 12, 80339 Munich)
Privacy Policy: 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 GTC: https://www.paypal.com/en/webapps/mpp/ua/legal
§ 9 Statutory Warranty, Guarantee, Complaint
(1) We are liable for material defects in accordance with the applicable statutory regulations, in particular §§ 434 et seq. BGB.
(2) An additional guarantee exists for the goods delivered by us only if it was explicitly given in writing for the respective item.
(3) If the items delivered by us should show obvious material or manufacturing defects, which also include transport damage, please complain about such defects immediately to us or the employee of the delivery service who delivers the items. However, failure to make this complaint has no consequences for Your statutory claims.
For all defects of the purchased item occurring during the statutory warranty period, the statutory claims for supplementary performance, for defect rectification/new delivery as well as – if the statutory prerequisites are met – the further claims for reduction or withdrawal as well as additionally for damages, including compensation for damage instead of performance as well as compensation for Your futile expenses, shall apply at Your choice.
You are welcome to announce Your complaint under support@supremereplicas.com. You can send a return free of postage to: Metamorph GmbH – Supreme Replicas, REKLAMATION, Alexander-Meissner-Str. 77 D in 12526 Berlin.
(4) Insofar as an order refers to goods whose condition is specified as „used“, the customer has taken note before completing the order that the purchased item deviates from the objective requirements to the extent described and has expressly declared their agreement with this deviation.
§ 10 Liability
(1) Your claims for damages are excluded. Excepted from this, however, are claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by You resulting from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The regulations of the Product Liability Act remain unaffected.
§ 11 Delivery, Transfer of Risk
(1) Delivery of the goods is made by shipment to the delivery address specified by You. All deliveries are delivered as standard in Germany using the parcel service of DHL (Deutsche Post AG) or UPS.
(2) We will ship the purchased goods as quickly as possible, at the latest within five working days
- after receipt of payment, if You have chosen advance payment (advance bank transfer, cash or PayPal) as Your payment method;
- after the contract comes into effect, if You have chosen cash on delivery as Your payment method;
(3) If You pay by credit card, we trigger the payment on the day the goods leave our warehouse.
(4) The delivery of the goods takes place at our risk. The risk of accidental loss and accidental deterioration of the goods passes to You only upon handover to You; thus also in the case of a sales shipment.
§ 12 Right of Withdrawal for Consumers
(1) You have the right to withdraw from this contract within fourteen days without giving any reason.
(2) The withdrawal period is fourteen days from the day on which You or a third party named by You, who is not the carrier, took possession of the goods. In the case of a contract for several goods that You ordered as part of a single order and which are delivered separately, from the day on which You or a third party named by You, who is not the carrier, took possession of the last partial shipment or the last item.
(3) To exercise Your right of withdrawal, You must inform us
Metamorph GmbH – Supreme Replicas „Withdrawal“
Alexander-Meissner-Str. 77 D
12526 Berlin-Germany
Tel: 0049-(0)30-400 446 0
Fax: 0049-(0)30-400 446 39
E-mail: support@supremereplicas.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about Your decision to withdraw from this contract. You can use our contact form or withdrawal form for this purpose, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for You to send the communication regarding 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 You for all payments we have received from You, including delivery costs (with the exception of additional costs resulting from the fact that You chose a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of Your withdrawal from this contract.
For this repayment, we use the same means of payment that You used for the original transaction, unless something else was expressly agreed with You; under no circumstances will You be charged any fees because of this repayment.
We can refuse repayment until we have received the goods back or until You have provided proof that You have sent the goods back, whichever is the earlier point in time.
You must send back the goods immediately and in any case at the latest within fourteen days from the day on which You inform us about the withdrawal from this contract. The deadline is met if You send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary to check the condition, characteristics and functioning of the goods.
End of information on the right of withdrawal
The right of withdrawal does not exist, unless the parties have agreed otherwise, for the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture 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 that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
§ 13 Supreme Replicas Return Service
For all your purchases on our website, we grant You a special Supreme Replicas Return Service of a total of 14 days from receipt of goods, provided that the goods are complete and in their original packaging and are in an unused and undamaged condition. Timely dispatch is sufficient to meet the deadline.
The goods must be returned to:
Metamorph GmbH
Retouren
Alexander-Meißner-Str. 77 D
12526 Berlin
Germany
To make use of the Supreme Replicas Return Service, the items must be securely packed in the original box, and the return must be registered online via the return portal www.supremereplicas.com/retoure. The accompanying slip must have been completely filled out and placed in the parcel. The return shipping label must be stuck onto the parcel in a clearly visible position.
For returns within Germany, we provide discounted DHL shipping labels, for which we charge 3.99 euros and which we offset directly against the refund if possible. For returns from other countries, we are unfortunately currently unable to offer a discounted service.
Alternatively, You can of course also stamp the return yourself and send it back to us with a shipping service provider of Your choice.
The contractually granted Supreme Replicas Return Service leaves Your statutory rights and claims unaffected. In particular, Your statutory right of withdrawal according to § 12 and Your statutory warranty rights according to § 9 remain fully preserved for You.
§ 14 Dispute Resolution
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between us and You, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Should You be a business, the place of jurisdiction Berlin is agreed as the general place of jurisdiction.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the invalid points, the statutory provisions apply, if available. Insofar as this would represent an unreasonable hardship for a contracting party, the contract becomes invalid as a whole.
Appendix
• Supreme Replicas Privacy Policy
• Supreme Replicas Withdrawal Form (PDF)