Terms and Conditions
§ 1 Scope
1) These general terms and conditions of sale (GTC) apply to all contracts concluded between us, the
ME-Beyond GmbH,Klettenberggürtel 31, 50939 Köln
Amtsgericht Köln, Handelregister B 102315
TAX-No. 219/5867/1120, VAT: DE333085527
represented by the managing directors Verena Schmitz and Renato Mihalic and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive
We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict inclusion.
§ 2 Conclusion of contract
1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2) By submitting an order via the online shop by clicking the button “order with
obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two weeks after placing the order; This does not affect your right to cancel your order, which may exist under Section 3.
3) We will immediately confirm receipt of your order placed via our online shop by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.
4) A contract is only concluded when we accept your order with a declaration of acceptance or with the delivery of the ordered items.
5) We can only consider orders for deliveries abroad with a minimum order value. You can find the minimum order value in the price information provided in our online shop.
6) If the delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and reimburse you for any consideration already received.
§ 3 Right of cancellation
1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
2) If you as a consumer make use of your right of withdrawal, you have to bear the regular costs of the return.
3) In addition, the regulations that are detailed in the following apply to the right of withdrawal
4) You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must inform us
Tel.: +49 (0) 2232 4178073
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will send you a confirmation (e.g. by email) of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of revocation
5) If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You have to send back or hand over the goods immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of 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 the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
6) The right of withdrawal does not apply to distance contracts;
a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can perish quickly or whose expiration date has been exceeded,
b) for the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied.
Exclusion of revocation
7) The right of revocation does not apply to contracts
a) for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer
b) for the delivery of sealed goods which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
c) for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery
d) for delivery of newspapers, magazines or magazines with the exception of subscription contracts
e) You are a registered trader within the meaning of Section 1 of the German Commercial Code.
§ 4 Terms of delivery and reservation of prepayment
1) We are entitled to make partial deliveries.
2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in Paragraph 3 – with the conclusion of the contract.
For orders from customers with their place of residence or business abroad or if there are reasonable indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
§ 5 Prices and shipping costs
1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
2) The shipping costs are specified in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
3) If we fulfill your order by partial deliveries in accordance with Section 4 (1), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration in accordance with § 3, you can, under the legal requirements, request the reimbursement of costs already paid for shipping to you (dispatch costs) (see § 3 Paragraph 3 for other consequences of cancellation).
4) We only deliver by post. It is possible to collect the goods yourself.
Book shipments are postage free in Germany
Shipping costs in Germany from EUR 3.95
We deliver free of charge in Germany from order value EUR 75.00.
For shipments abroad, a minimum of EUR 7.50 or actual costs are charged.
§ 6 Terms of payment and set-off and right of retention
1) The purchase price and the shipping costs are to be paid immediately or at the latest within 10 days of receipt of our invoice.
2) You can transfer the purchase price and the shipping costs to our account specified in the online shop, pay by EC / Maestro or credit card or PayPal Plus. In the event of a direct debit authorization or payment by EC / Maestro or credit card, we will initiate the debit of your account at the earliest at the point in time regulated in Paragraph 1. A direct debit authorization issued also applies to further orders until revoked.
3) You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same sales contract.
As a buyer, you may only exercise a right of retention if your counterclaim stems from the same sales contract.
§ 7 Retention of title
1) The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
1) We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may be enclosed with the items.
2) Warranties for customers based in Germany
a) If the customer is a merchant, he is obliged to check or examine the goods immediately upon receipt and to notify obvious defects in writing without delay (but no later than within six working days). Hidden defects must be reported within six days of their discovery. This has no effect on the statute of limitations. Timely dispatch of the notification of defects is sufficient to meet the deadline. It is not sufficient if a representative or representative of the seller receives the complaint. The customer is obliged to state the order number of the respective shipment and the reason for the complaint. If the customer does not fulfill his legal obligation regarding inspection and notification of defects according to § 377 HGB, there is no warranty obligation towards the customer.
b) Minor defects are customary or technically unavoidable deviations in terms of quality, color, size, equipment or design of the goods. The existence of such or other insignificant defects does not entitle the customer to withdraw from the purchase. The burden of proof for proving the materiality of such deviations for the customer lies with the customer.
c) The customer’s warranty rights lose their validity if the customer has modified the goods and thus caused the defect. The customer is only entitled to compensation or reimbursement of wasted expenses in accordance with this § 6 of these terms and conditions.
d) If the customer is a merchant, warranty claims expire one year after receipt of the goods. This excludes willful intent and claims for damages due to injury to life, limb or health or essential contractual obligations. If the customer is a consumer, the statutory limitation periods apply.
§ 9 Liability
1) We are liable to you in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
2) In other cases – unless otherwise regulated in Paragraph 3 – we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you as the customer can regularly rely
(so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
1) We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
1) The law of the Federal Republic of Germany applies, excluding the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
2) If you are a merchant and have your seat in Germany at the time of the order, the exclusive place of jurisdiction is the seat of the seller, Cologne. In addition, the applicable statutory provisions apply to local and international jurisdiction.