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General terms and conditions of business – Meshpack GmbH Online Shop

1. Subject matter and scope of these general terms and conditions of business

(1) These general terms and conditions of business (GTC) apply to all business relationships between you as customer and Meshpack GmbH (OT Kusey Ing.-A.-Rudow-Strasse 1, 38486 Klötze - hereinafter referred to as "Meshpack" or "we"). The version applicable at the time of conclusion of the agreement is relevant.

(2) Only our GTC apply. Conflicting terms or terms deviating from these GTC of your own will not be recognized by us unless their validity was expressly agreed to in writing or text form. These GTC will also apply if we provide services for a customer and/or send goods to you as customer in the knowledge of terms contrary to or deviating from these GTC.

(3) The GTC applicable at the time of placing the purchase order apply.

 

2. Conclusion of agreement

(1) The presentation of the products in the online shop is not a legally binding offer but an invitation to place purchase orders. Errors are reserved.

(2) With the conclusion of the order procedure, you will make a binding offer for the conclusion of a contract. The contract will be concluded in a binding manner upon acceptance of the offer by us. We will accept the offer either in written form (email) or by sending the goods to you. Please note that a purchase order acknowledgement (e. g. via email) is not deemed as declaration of acceptance by us and does not constitute a conclusion of a contract.

(3) You will have the possibility to print out the text of the contract during the ordering process and before concluding the contract.

(4) There is no entitlement to the conclusion of a contract. We are free to reject any offer of a customer for the conclusion of a contract without giving any reasons.

(5) You are obliged to truthfully state the data required for the processing of the contract and - if you have a customer account with us, to immediately tell us in particular your name, address, email address, phone number and bank details. This is the only way to send the goods to you correctly and without delays.

 

3. Information on the right of revocation for consumers

(1) Revocation instruction
Right of revocation

You may revoke your declaration of contract within 14 days without giving any reasons in writing (e. g. letter, fax, email) or - if you receive the goods before expiry of the term - by returning the goods. The term will begin upon receipt of this instruction in text form but not before the goods are received by the recipient (for repeat deliveries of similar goods: not before receipt of the first partial delivery) and not before compliance with our information obligations under Article 246, Section 2 in connection with Section 1, para 1 and 2 EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch =  Introductory Act to the German Civil Code] and with our obligations according to Section 312e, para 1, sentence 1 BGB in connection with Article 246, Section 3 EGBGB. The dispatch of the notice of revocation or the goods in due time is deemed sufficient for compliance with the revocation period. The revocation must be sent to:

Meshpack GmbH
OT Kusey
Ing.-A.-Rudow-Strasse 1
38486 Klötze
Mail: info(at)meshpack.com

Consequences of revocation
In case of an effective revocation, the mutually received benefits must be returned and any profits derived therefrom (e. g. interest) must be returned as well. If you cannot return the service received in whole or in part or only in deteriorated conditions, you will have to reimburse us for the relevant value. This does not apply if the deterioration of the goods is exclusively due to their being tested as would have been possible to you in a retail shop. Furthermore, you can avoid the obligation to replacement of value for a deterioration originating from proper use by not putting the goods into use as if they were your property and by refraining from anything which reduces and impairs their value. Goods which can be sent by parcel must be sent back at our risk. You will have to bear the costs of return when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 40 Euro or when in case of a higher price you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually agreed partial payment. Otherwise, the return will be free of charge for you. Goods which cannot be sent by parcel will be collected at your place. Obligations for the reimbursement of payments must be fulfilled within 30 days. For you, the time limit will begin after the sending of your declaration of revocation or the goods and for us upon receipt thereof.

- End of the revocation instruction -

(2) A right of revocation according to Section 312b BGB [Bürgerliches Gesetzbuch = German Civil Code] only exists towards consumers. If you are not a consumer in the meaning of Section 13 BGB, there will be no right of revocation.

(3) The right of revocation does not exist for deliveries of goods manufactured according to customer specifications or which are clearly tailored to personal needs or for deliveries of audio or video recordings or of software, if you have removed the seal on the delivered data media.

(4) Please avoid damages and contaminations. If possible, please send the goods back in original packaging with all accessories and with all packaging components. If required, please use a protective outer package. If you no longer possess the original packing, please ensure an adequate packing to protect the goods from transport damages so as to avoid claims for damages due to defective packing.

(5) Please note that the modalities specified in para 4 are not required for the effective exercise of the right of revocation.

(6) Costs of return when exercising the right of revocation
If you exercise your legal right of revocation (see revocation instruction), you will have to bear the regular costs of return when the delivered goods correspond to those that have been ordered and when the price of the returned goods does not exceed 40 Euro or when, in the case of a higher price, you have not yet at the time of the withdrawal provided the compensation or have not paid a contractually agreed partial payment. Otherwise, the return will be free of charge for you.

 

4. Retention of title

All goods delivered will remain our property until payment is effected in full.

 

5. Payment

At present, we only offer the method of payment of advance payment in our shop. The relevant invoice amount must be paid to us in advance. The goods will be dispatched immediately upon receipt of payment.

 

6. Prices and maturity

(1) The prices of the objects of purchase are listed in the relevant article list and/or description of articles. The stipulated prices are inclusive of statutory applicable value added tax.

(2) Upon receipt of the order confirmation, the purchase price will fall due immediately and must be paid to us within 14 days at the latest.

(3) If you are in default of payment, we may charge default interest in the amount of 5 percentage points above the relevant base interest rate. We reserve the right to provide evidence for a higher damage due to the delay. You are entitled to provide evidence that no or a lower damage has incurred due to the delay.

 

7. Delivery

(1) At present, our goods will only be delivered within Germany.

(2) The goods will be delivered to the delivery address specified by the customer unless otherwise agreed.

(3) The delivery time will be 4 to 6 workdays after receipt of payment. We will inform about possibly diverging delivery times on the relevant product side.

(4) If the delivery of goods is not possible because you are not present at the delivery address you specified, you will bear the costs of unsuccessful delivery if you have been informed about the time of delivery with a reasonable notice period.

 

8. Transport damages

(1) If goods with obvious transport damages are delivered, please complain immediately in text form (e. g. email)

(2) If no complaint or notification is made by the customer, this will not affect the warranty claims of the customer if you are a consumer in the meaning of Section 13 BGB.

 

9. Warranty

(1) In case of material defects, we will provide warranty according to the following paragraphs 2-4.

(2) If you are a merchant in the meaning of the HGB [Handelsgesetzbuch = German Commercial Code], the obligation to examine and give notice of Section 377 HGB applies.

(3) In case of a legitimate notification of defects in due time, we may - at your election - remedy the defect or perform a replacement delivery within a reasonable period of time (subsequent performance).

(4) If the subsequent performance fails twice, you may - at your election - either withdraw from the agreement or demand a reduction of the purchase price. If we are responsible for the breach of duty, you may also claim compensation for the damage incurred to you. In case of minor material defects, you will only have the right of reduction.

 

10. Data protection

The personal data of the customer required for the implementation and handling of the purchase order will be collected and processed in compliance with the legal provisions. Further information on data protection can be derived from the privacy policy on our website.

 

11. Limitation of liability

(1) In case of intention or gross negligence, we will be liable without limitation for all damages caused by us in connection with the rendering of the contractual services.

(2) In cases of slight negligence, we will be liable without limitation in case of injury to life, body or health.

(3) Moreover, we will only be liable in connection with the rendering of services against payment if we have violated essential contractual obligations. In this respect, essential contractual obligations relate in an abstract way to obligations, the proper fulfilment of which constitutes a condition sine qua non and on the fulfilment of which the customer may regularly rely.

(4) If our liability is excluded or limited according to the above-specified provisions, this will also apply to our performing agents.

(5) The liability under the German Product Liability Act shall remain unaffected.

 

12. Changes of the terms and conditions of business

 

(1) We reserve the right to change these GTC at any time with effect also within the existing contractual relationship.

(2) We will inform you about such changes in text form (e. g. email) at least 6 weeks before the planned entry into effect of the changes.

(3) If you do not object to the changes within 6 weeks upon receipt of the notification and continue to use the services upon expiry of the objection period, the changes are deemed agreed effectively as of the expiry of the objection period. In the notification of change, you will be informed about your right of revocation and the consequences of revocation.

(4) In the event of revocation, we will have the right to terminate the contractual relationship with you with effect from the planned entry into effect of the changes. 

 

13. Final provisions

(1) German law shall apply, whereby the United Nations Convention on the International Sale of Goods shall be excluded.

(2) If you are a merchant, legal entity under public law or special funds under public law, our company seat will be the exclusive place of jurisdiction for all litigations arising out of the contractual relationship.

(3) Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions.

As of: 2 October 2013

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