General terms and conditions with customer information
table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. retention of title
7. liability for defects (warranty)
8. redemption of promotional vouchers
9. redemption of gift vouchers
10. applicable law
11. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of ME&MAY GbR (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the text of the contract shall be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
2.5 Prior to binding submission of the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the seller’s registered office after consultation with the seller. In this case no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
– by e-mail
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
8) Redemption of promotion vouchers
8.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
8.2 Promotion vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.4 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
8.5 Only one promotion voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.8 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.
8.9 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.
8.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.
9) Redeeming gift vouchers
9.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.
9.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The credit balance of a gift voucher will not be paid in cash or interest will not be paid on it.
9.8 The Gift Certificate is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.