General Terms and Conditions of Memtell GmbH for Private Customers
By entering our online store as our customer, at the latest, however, by initiating an order process, you accept the following terms and conditions as part of a purchase contract to be concluded
1. scope of application
Purchase contracts with you are concluded exclusively on the basis of these GTC and are executed exclusively on this basis. Agreements deviating from this always require our reconfirmation and compliance with the written form to be effective.
2. conclusion of contract
Your order represents a binding offer to us to conclude a purchase contract. The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. By clicking the button "ORDER FREE OF CHARGE" you place a binding order for the goods contained in the shopping cart. The order is only possible after you have confirmed the acceptance of these terms and conditions. The confirmation of receipt of the order will be sent by automated e-mail immediately after sending the order and does not constitute acceptance of the contract. The overview of the order can be printed and permanently stored by the function "Print". We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five days. With acceptance of the order, the purchase contract is concluded. The language available for the conclusion of the contract is German. During the ordering process you can register and create a user account. If you register, you are obliged to protect your personal access data from misuse by other persons. If there is a risk that third parties have obtained knowledge of your access data or otherwise initiate order transactions in your name, you must inform us immediately by e-mail and arrange for the blocking of the customer account.
3. availability of goods
If in rare cases after your order a desired article is not available, we reserve the right to delete the article from your order. If a payment has already been made, it will be refunded.
If the product is temporarily or permanently unavailable, we refrain from a declaration of acceptance. A contract is not concluded in this case.
4. prices, shipping costs
Decisive are the list prices according to the information in our online store, unless otherwise expressly agreed in writing. The prices are always inclusive of VAT and ex our warehouse including loading at our premises and including customary packaging of the goods.
We exercise the choice of the shipping route. The shipping costs are borne by you as the purchaser. For shipments within Germany, we charge a basic flat rate of 1.55 € - 2.70 € (depending on the weight of the items). If your order cannot be sent as a letter, we charge a flat rate of 3,90 € for parcels. For orders over 29 € the shipping costs are waived.
You bear the regular costs of return.
For orders with delivery to third parties, you - the customer - are always considered the customer, unless otherwise expressly agreed.
The purchase price is due for payment immediately. Payments are allowed via credit card, SOFORT Überweisung, PayPal, paydirekt and giropay Conditional on the payment methods are also the terms and conditions of the respective service provider. Disruptions in the processing by those service providers are not attributable to us.
We are entitled to partial deliveries. If this is necessary for technical or logistical reasons, the shipping costs will be charged only once.
We cannot guarantee delivery on a fixed date due to lack of influence on transport circumstances. Deviating product or production-related delivery times, you can see on the product pages.
Operational disruptions, both in our area of responsibility and in that of a supplier, such as strikes, lockouts and all other cases of force majeure, entitle you to terminate the contract only if you can no longer be expected to wait, otherwise the agreed delivery period is extended by the duration of the delay. However, a termination is possible at the earliest four weeks after the occurrence of the above-described operational disturbance. Our liability is excluded in these cases. Delivery will be made by Deutsche Post or DHL.
7. retention of title
The goods remain the property of Memtell GmbH until full payment of all our claims against you existing on the invoice date. If we are entitled to withdraw from the purchase contract, you owe us, at our discretion, compensation in the amount of the purchase price or return of the goods.
Our products are protected by copyright. You may use the purchased items for private purposes only. It is not allowed to modify the products or to extract graphic contents, to use them commercially as a whole or in parts, to sell them or to distribute them in any other way. In particular, it is prohibited to digitize the product or to make digital products available for use by third parties on the Internet, in intranets, in extranets or in any other way. Public reproduction or other republication, including excerpts, is only permitted with prior consent. Copyright notices, trademarks and other legal reservations in the product may not be removed.
The statutory liability for defects shall apply.
9a. Color reproduction
Please note that the color reproduction of the products listed on this website is not binding, deviations in the printing of the products and the display of colors on your computer can not be excluded. We can therefore not guarantee that the color of the delivered products is identical to the color reproduction on our website. Minimal color deviations therefore expressly do not constitute a defect.
10. complaint procedure
The European Commission provides a platform for online dispute resolution as of February 15, 2016. The link to the online dispute resolution platform is:
The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Insofar as the customer is a consumer and has his habitual residence outside the Federal Republic of Germany, this choice of law does not restrict the mandatory consumer protection law of this state.
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