Meißner GmbH . Beratgerstraße 36 44149 Dortmund www.meissner-tremonia.com
§ 1 Scope
The terms and conditions of sale set forth herein (“Terms and Conditions”) regulate the contractual relationship between Meißner UG (haftungsbeschränkt) . (“Seller”) and consumers and professional business customers (“Buyer” unless otherwise specified) who purchase through our webshop and professional business customers purchasing directly from Seller via telephone, fax, e-mail or letter. We do not acknowledge terms and conditions that are in conflict with or otherwise deviate from our Terms and Conditions.
§ 2 Contractual Formation
(1) The offers on the internet represent a non-binding demand to order goods. (2) After entering Buyer information and clicking the order button Buyer makes a binding offer to conclude a purchase contract. (3) Seller is entitled to accept Buyer’s offer within 2 business days by sending an order confirmation via e-mail. If that period expires, Buyer’s offer is to be understood as rejected and Buyer is no longer bound to offer.
§ 3 Customer information: contractual language; saving order information; order amendment
(1) The contractual language is German. (2) Seller stores Buyer order with details of the contract (e.g. product type, price, etc.). However, Buyer cannot access past orders via the internet. Seller will send Buyer the Terms and Conditions and Terms and Conditions can also be checked on Seller’s website. If Buyer wants to save the product description as visible on Seller’s shop website for own purposes it is possible, for example, to take a screenshot or alternatively print the whole page when placing order. (3) Buyer can edit input information before submitting the order at any time by pressing the delete key. Seller will inform Buyer throughout the process of further corrections made. At any time Buyer can cancel the ordering process completely by closing the browser window.
§ 4 Retention of ownership
Seller retains ownership of the objects purchased until paid for in full by Buyer.
§ 5 Statutory warranty rights
(1) Warranty rights for Seller‘s products are determined by statutory warranty rights. (2) Warranty for consumer commodities determines that the consumer‘s warranty for defects in used goods expires one year after delivery of the goods sold to consumer. Exempt from this rule are compensation claims, claims of defects/deficiencies not mentioned by Seller and claims for a guarantee that we have assumed with regards to the condition of goods. For these excluded claims the statutory limitation periods are in effect. (3) Warranty for professional business customers: Warranty claims due to defects in goods expires one year after the transfer of risk. Exempt from this rule are compensation claims, claims for defects that we withheld, and claims from a guarantee that we have applied to the condition of the goods. Also excluded is the recourse under § 478 BGB (article 478 of the Bürgerliches Gesetzbuch or the Civil Code of Germany). For these excluded claims the statutory limitation periods are in effect.
§ 6 Liability
(1) Seller‘s liability for damages, regardless of the legal grounds (in particular default, defects or other breaches of duty) is limited to typical, foreseeable damage. (2) The above limitations do not apply to Seller‘s liability for willful misconduct or gross negligence, failing to live up to contractual obligations and guaranteed properties, injury to life, body or health or under the Product Liability Act. The contractual obligations in particular contain the obligation to provide Buyer with purchased item and the transfer of ownership of purchased item. Seller is obliged to provide Buyer with the purchased item free from defects.
§ 7 Commercial Jurisdiction
Exclusive place of jurisdiction for all disputes arising from contract between Seller and Buyer is our place of business, if you are a businessman.
§ 8 Brandprotection
It is not allowed (in particular our business cutomers) tu use our registered brand “Meißner Tremonia” on third-providers-platforms (ebay, Amazon,etc.) without our prior, express and written consent.