§1 Scope, subject matter and conclusion of the respective contract
- The following conditions finally regulate the contractual relationship between
melivince, Inh. Tom Barwind,
Erdmannhäuser Str. 8/1
hereinafter referred to as the seller and the respective customer.
- The following Terms and Conditions apply to all contracts concluded by a consumer (hereinafter referred to as the "Customer") with melivince, Tom Barwind regarding the goods and/or services displayed in the online shop. "Consumer" means any natural person who enters into a legal transaction for purposes which can be attributed in the main neither to commercial nor independent professional activities. We shall not acknowledge any differing conditions unless we have agreed to them expressly.
- They apply to both consumers and entrepreneurs. A consumer in the sense of these terms and conditions is any natural person who places the order for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when placing the order, acts in their commercial or independent professional activity.
- The subject of the respective contract is the sale of goods by the seller to the customer.
- The contract is concluded exclusively in German or English.
§2 Conclusion of contract and storage of the contract text
The provisions of these terms and conditions apply to orders placed by consumers via the melivince online shop's website www.melivince.de. The contract is concluded with the buyer. The presentation and description of the goods on the website of the online shop www.melivince.de does not constitute a contract offer. By ordering goods by clicking on the “Confirm order” button at the end of the ordering process, a consumer makes a binding offer to conclude a purchase contract . The contract is only concluded when the seller sends an order confirmation by email. The text of the contract is saved with orders. Consumers receive an email with the order details and the applicable terms and conditions. After the conclusion of the contract, the order data can no longer be viewed online.
- All prices quoted for consumers are exclusive of the legally applicable VAT due to small business regulation according to §19 UStG of Germany.
- Shipping costs are not included in the displayed price and may be additional. These are explicitly listed during the ordering process before the payment request and are to be borne by the buyer.
- The full purchase price is due immediately upon conclusion of the purchase contract and is payable without deduction in EURO.
The following payment options are available to the buyer:
- Advance transfer
- Cash on pickup
§4 Delivery, delivery restrictions
The delivery takes place - unless explicitly stated otherwise in the item description - within 7 working days.
In the case of payment via bank transfer or PayPal, this period begins on the day after the payment order has been placed.
§5 Transfer of risk
The risk of accidental deterioration or accidental loss of the goods lies with the seller until the goods are handed over and passes to the buyer when the goods are handed over to the buyer.
§6 Reservation of title
The goods remain the property of engelbert strauss until full payment of the purchase price.
- If there is a defect in the goods, the statutory regulations on liability for defects shall apply.
- In principle, the seller is not liable for damage caused by slight negligence.
§9 Liability for damages and reimbursement of expenses
melivince shall assume no liability for damages incurred as a result of incomplete, late or non-delivery, if these are caused by fire, strikes, lockouts, force majeure or other circumstances beyond our control.
This shall not apply to death, physical injury or damage to health, breaches of cardinal obligations, i.e. such obligations whose fulfillment enables the proper performance of the contract and on which the customer usually relies and is entitled to rely, to warranties or where claims under the Product Liability Act are affected.
This shall also apply to the actions of our legal representatives, employees or agents. Liability in the event of a breach of fundamental contractual obligations is limited to the foreseeable, typically occurring damage. The legal rights of our customers are not waived by the foregoing limitations of liability.
§10 Final provisions
If one or more of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining terms and the validity of the contract in its entirety.