1.  Scope, contractual partner

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1.1. The following general terms and conditions (GTC) apply to all, including future, business relationships between the contractual partner (hereinafter "buyer") and der 

 

Meike Oetken

Wiesenstieg 4

22303 Hamburg

 

Email address:  meike.oetken@gmail.com

Telephone number:   +49 160 801 2 801

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The seller is also the seller of the sitewww.meioet.deOffers shown. 

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1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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1.3. These GTC apply exclusively. Conditions of the buyer that conflict with or deviate from these General Terms and Conditions will not be recognized unless the seller has expressly agreed to their validity in writing. These terms and conditions also apply if the seller sells in the knowledge of conflicting or deviating terms and conditions of the buyer. 

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1.4. Individual agreements made in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. 

 

2. Conclusion of contract

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2.1. The seller provides those on the sidewww.meioet.degoods shown for sale. The product descriptions contained do not represent binding offers on the part of the seller, but serve to enable the buyer to submit a binding offer. The color of the items on the website may vary slightly depending on the internet browser used and the customer's monitor settings.

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2.2. The buyer can submit his offer via the online order form integrated in the seller's online shop. Here, the buyer first selects the appropriate goods. After entering the personal data, all order data as well as payment and shipping conditions are then displayed again on the order overview page.

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2.3. By clicking the button that concludes the ordering process, the buyer makes a legally binding contract offer in relation to the previously selected goods. The seller can accept the buyer's offer within seven days, 

• by sending the buyer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the buyer is decisive, or

• by delivering the ordered goods to the buyer, whereby receipt of the goods by the buyer is decisive, or

• by asking the buyer to pay after placing his order.

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If there are several of these alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the buyer sends the offer and ends at the end of the seventh day following the sending of the offer. If the seller does not accept the buyer's offer within the seven-day period, this is considered a rejection of the offer with the result that the buyer is no longer bound by his declaration of intent. 

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2.4. The available payment options are displayed to the buyer during the ordering process.

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2.5. The seller delivers within Germany and the EU. You can find more information about shippinghere. 

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2.6. The content of concluded contracts will be sent to the buyer by e-mail. Order processing and contacting also take place via e-mail and automated order processing. The buyer 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. 

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2.7. In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the seller will inform the customer by e-mail. 

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2.8. Before submitting the binding order via the seller's online order form, the buyer can identify possible input errors by carefully reading the information displayed on the screen. The buyer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

 

3. Contract language and storage of the contract text 

3.1. The selection of goods, the conclusion of the contract and the execution of the contract take place in German.

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3.2. The seller does not save the text of the contract in his system. However, the buyer has the option of printing out the text of the contract before placing the order by using the print function of the browser in the last step of the order. The seller also sends the buyer an order confirmation with all order data to the e-mail address provided by the buyer.

 

4. Prices and Payment

4.1. Unless otherwise stated in the product description, the product prices are final prices in euros. According to § 19 UStG no sales tax will be charged. The shipping costs incurred are not included in the purchase price and are shown separately during the ordering process. These are also to be borne by the buyer.

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4.2. The payment options are communicated to the buyer in the seller's online shop. Shipping costs are specified separately in the respective product description and are listed in the "Shipping" section or also explained here (link).

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4.3. Payments are made in euros (€). 

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4.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. If advance payment 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. 

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4.5. The payment methods available for the online shop are processed by the payment service provider Wix. The following payment methods offered by Wix are available for the buyer: Credit card, Paypal, Sofortüberweisung, Apple Pay. 

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4.6. When choosing the Apple Pay payment method, the buyer does not need to manually enter any credit card information or a delivery address. Apple Pay provides the relevant information to the payment provider. The credit card information is stored in the buyer's Apple Wallet. The invoice amount will be collected immediately after receipt of the order. More information athttps://support.apple.com/de-de/HT201469. 

 

4. Shipping and Delivery

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4.1. Delivery is made to the delivery address specified by the buyer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive. 

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4.2. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on the seller's website or in the respective offer.

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4.3. If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the buyer effectively exercises his right of withdrawal. If the buyer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

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4.4. A pickup is not possible.

 

5. Retention of Title

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The seller retains title to the goods until the purchase price has been paid in full.

 

6. Right of Withdrawal

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In principle, consumers are entitled to a right of withdrawal. More information on the right of withdrawal can be found in theRight of withdrawal of the seller.

 

7. Warranty, Guarantee

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7.1. If the purchased item is defective, the statutory liability for defects applies.

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7.2. A guarantee only exists if it has been expressly given. Buyers will be informed of the warranty conditions prior to initiating the ordering process.

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7.3. If the buyer is an entrepreneur, he must check the purchased goods immediately after delivery to determine whether they have the contractually specified quality (in particular number, identity and condition) and are suitable for the intended purpose. If the delivered goods have obvious defects, these must be reported in writing immediately after receipt, stating the order date, the invoice number and the item number. In any case, the notice of defects is delayed if it is not received by the seller within 7 working days, calculated from the date of availability, including the day of availability. Hidden defects must be reported in writing immediately, at the latest within 5 working days of their discovery. 

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7.4. If the complaint is not made in accordance with Section 7.3. of these terms and conditions, the delivery is considered approved and warranty claims are excluded. 

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7.5. Material defects become statute-barred, notwithstanding the liability provisions of these General Terms and Conditions, for buyers who are entrepreneurs, generally one year after the transfer of risk, unless longer periods are prescribed by law. 

 

8. Liability

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8.1 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer can regularly rely.

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8.2. The seller is also liable to the buyer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

•     in case of intent or gross negligence,

• in the event of intentional or negligent injury to life, limb or health,

•     due to a guarantee promise, unless otherwise agreed in this regard,

•    due to mandatory liability such as under the Product Liability Act.

Any further liability is excluded. 

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8.3. The above liability regulations also apply with regard to the liability of vicarious agents and legal representatives of the seller. 

 

9. Final Provisions

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9.1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with permanent residence outside of Germany, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract.

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9.2. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the parties agree that the place of jurisdiction shall be the registered office of the seller.

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9.3. Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.

 

10. Alternative Dispute Resolution

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10.1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link:https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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10.2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

Status: 02/2022