Terms & Conditions
(Germany)
Ts&Cs with information for Customers
(The following Ts&Cs also include legal information on your rights under the regulations on distance contracts and e-commerce.)
1. Scope
2. Offers and Terms of Reference
3. Order Process and Conclusion of the Contract
4. Prices and Shipping Costs
5. Delivery, product availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects and Warranty
9. Liability
10. Withdrawal
11. Exclusion of Right of Withdrawal
12. Returns
13. Return Costs upon Withdrawal
14. Storage of Contract
15. Privacy Policy
16. Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. For the business relationship between
Verlag MEIGA GbR Germany
Monika Berghoff and Saskia Breithardt
Waldsiedlung 15
D-14806 Bad Belzig
Germany
Ph: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
(Hereinafter “Seller”) and the Customer (hereinafter “Customer”) apply exclusively following terms and conditions the valid version at the time the order is placed.
1.2. You can contact our Customer service for questions and complaints on weekdays from 10:00 h to 12:00 h local time, telephone + 49-33841-30538 (in case we cannot be reached, please leave a message) or contact us via e-mail: info (at) verlag- meiga.org
1.3. Consumers within the meaning of these Ts&Cs is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the Customer are not recognized, unless the seller expressly and in writing agrees to their validity.
2. Offers and specifications
2.1. The product presentation in our online shop does not represent a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of a representation or warranty.
2.2. All offers are valid “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.
3. Order Process and Conclusion of Contract
3.1. The Customer can choose products from the Sellers range Select obligation and collect them with the button – add to cart – in a so-called basket.
3.2 Subsequently, within the basket (cart) the Customer may proceed with the button – proceed to checkout – to complete the ordering process.
3.3. By clicking the button – buy – the Customer makes a binding offer to purchase the goods in the basket (cart). Before sending the order, the Customer may see the data at any time and may change them. Required fields are marked with an asterisk (*).
3.4. The seller then sends by e-mail an automatic confirmation of receipt to the Customer, in which the Customer’s order is listed again and which the Customer can print by using the “print” button (order confirmation). The automatic confirmation of receipt only documents that the Customer’s order is received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships or gives the ordered product within 2 days to the Customer, or confirms within 2 days the shipment to the Customer with a second e-mail, with an explicit order confirmation or by sending the invoice.
3.5. Should the seller provide payment in advance (prepaid), the contract is concluded by providing bank information and demand for payment. If the payment is not received despite being in arrears, even after a second notice within the time frame of 10 calendar days after the Seller has send the order confirmation, the Seller may withdraw from the contract with the result that the order was null and void and the Seller has no more duty to deliver. The order is then done for both buyer and Seller without any further consequences. Therefore a reservation for a specific article as done by payment in advance is only valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices indicated on the merchant’s website are inclusive of applicable taxes.
4.2. In addition to the prices Seller charges shipment (delivery) costs. Shipping fees are communicated clearly to the buyer on the delivery page and during the order process.
5. Delivery, product availability
5.1. If there are no copies of the selected product available at the time of the Customer’s order , Seller will inform the Customer about this fact in the Order Confirmation. If the product is permanently unavailable, the Seller will not accept the order. In this case a contract is not concluded.
5.2. If the product the Customer has stated in his order is only temporarily unavailable, the Seller will immediately inform the Customer with the order confirmation. If the delivery is delayed for more than two weeks, the Customer has the right to terminate the contract. In that case also the Seller is incidentally entitled to withdraw from the contract. Here, the seller will refund immediately the payments the Customer may have already given. As far as there is an agreement for payment in advance, delivery is made after the invoice amount has been received.
6. Payment Terms
6.1. The Customer can choose during and before completing the ordering process from the available payment methods.
6.2. A payment on invoice is not possible.
6.3. Are third-party responsible for payment processing, for example, Paypal, then their Ts&Cs are applicable.
6.4. If the due date of payment is determined by the calendar, the Customer is already in default when the deadline has passed. In this case, the Customer has to pay default interest amounting to 5 percentage points above the base rate.
6.5. The Customer’s obligation to pay default interest does not exclude the Sellers’ assertion of further damage caused by delay.
6.6. A right to offset is only to the Customer if his counterclaims are legally established or recognized by the Seller. The Customer can only exercise the right to retain, if the claims are the result from the same contract relationship.
7. Retention of Title
Until full payment the delivered goods remain the property of the Seller.
8. Warranty for defects and guarantee
8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee for the goods supplied by the Seller only exists if it is expressly stated.
9. Liability
9.1. For a liability of the Seller for damages following disclaimers and limitations are valid, without
touching other legal conditions and entitlements.
9.2. Seller has unlimited liability if the damage was caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the slight negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose fulfillment Customer regularly relies. In this case, however, Seller is liable only for the foreseeable, in the frame of the contract typical damage. Seller is not liable for the slight negligent breach of others than the obligations mentioned in the preceding sentences.
9.4. The above limitations shall not apply to injuries to life, body and health, for a flaw after a guarantee for the quality of the product has been taken and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10. Withdrawal
You can cancel your contract declaration in writing (eg letter, fax, email) within 14 days without giving any reasons – and if the goods have been already delivered within this time frame – withdraw by returning the goods. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before our obligations for information are fulfilled according to following paragraphs in German law: 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with 246 § 3 BGB. In order to preserve the withdrawal deadline it is sufficient to timely hand in the withdrawal or return the goods. The revocation must be sent to:
Verlag MEIGA GbR Germany
Monika Berghoff and Saskia Breithardt
Waldsiedlung 15
D-14806 Bad Belzig
Germany
Ph: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
V.i.S.d.P: Monika Berghoff
Consequences of Withdrawal
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not return the received benefits or performances, or can return them only partly or in a deteriorated condition, you have to compensate us accordingly. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. “Testing the properties and functioning” is meant in alliance with the testing and trying out the same goods in a shop. Items which can be shipped in parcels are to be returned at our risk. You have to bear the cost of returning the goods if the ordered goods correspond to those delivered,
and if the price of the item which is sent back does not exceed an amount of 40 Euros, or – in case of a higher price – if you do not have yet provided quid pro quo or the contractually agreed partial payment at the time of the revocation. Otherwise, the return is free for you. Items which can not be shipped in parcels will be picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The deadline starts for you with the dispatch of your revocation or the item, for us with their receipt.
11. Exclusion of Right of Withdrawal
The right of withdrawal does not apply to the delivery of goods that are produced according to Customer specifications or clearly tailored to personal needs or for the delivery of audio or video recordings or software, as far as the delivered data carriers have been unsealed by you.
12. Returns
12.1. Customers are requested to report the return to the Seller in order to announce the return:
Verlag MEIGA GbR Germany
Monika Berghoff and Saskia Breithardt
Waldsiedlung 15
D-14806 Belzig – Germany
Ph: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
In this way, they allow the fastest possible assignment of the products to the seller.
12.2. Customers are asked to return the goods as a prepaid package to the seller and keep the mailing receipt. The Seller will refund the Customer if requested in advance the postage costs, unless they are borne by the buyer himself.
12.3. Customers are asked to avoid damage or contamination of the product. If possible goods should be returned with all accessories to the Seller in their original packaging. If the original packaging is no longer owned by the vendor, another suitable package should be used to ensure adequate protection against damage in transit and to avoid any damage claims because of damage due to faulty packaging.
12.4. The mentioned modalities in this section (no. 12) of the Ts&Cs are not in prerequisite with requirements for the effective exercise of the right of withdrawal (no. 10) of the Ts&Cs.
13. Return Costs upon Withdrawal
13.1. If the Customer is a consumer, he has – in the case of revocation (see. no. 10 of these Terms) – to bear the costs of returning the goods if the ordered goods correspond to those delivered and if the price of the returned goods does not exceed an amount of 40 Euros or in case of a higher price if the Customer does not have yet provided quid pro quo or a contractually agreed partial payment at the time of withdrawal.
13.2. Otherwise, the return for the Customer free of charge.
14. Storage of Contract
14.1. The Seller stores the contract text of the order. The Terms and Conditions are available online. The Customer can print the text of the contract prior to handing in the order to the Seller by using the print function of their browser in the last step of the order.
14.2. The Seller also sends an order confirmation to the email address provided by the Customer with all order data. Furthermore, the Customer receives a copy of the Ts&Cs with his order.
15. Privacy Policy
15.1. The Seller shall process personal data of the Customer only for appropriate purposes and according to statutory provisions.
15.2. The specified personal information (such as name, email address, mailing address, bank data) which are given for the purpose of ordering goods are used by the Seller only for the fulfillment and handling of the contract. These data will be kept confidential and not shared with any third parties other those involved in the ordering, delivery and payment procedures.
15.3. The Customer has the right to obtain information about the personal data about him that have been stored by the Seller free of charge. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain them.
15.4. For more information about the type, scope, place and purpose of collecting, processing and use of personal data required by the Seller can be found in the Privacy Policy.
16. Jurisdiction, Applicable Law, Contract Language
16.1. Jurisdiction and place of performance is the location of the Seller, if the buyer is a merchant, legal entity under public law or public law special fund.
16.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection rules are in conflict with such an application.
16.3. Contract language is German.