General Terms and Conditions (hereinafter "GTC")
§ 1. Scope
(1) These general terms and conditions (hereinafter "GTC") constitute the exclusive basis for all legal relationships established between mela wear GmbH, Gottschalkstrasse 51, 34127 Kassel and their customers.
(2) For all orders that have been transmitted via our online shop or otherwise by the customer to the mela wear GmbH, by consumers and entrepreneurs, the following terms and conditions apply.
(3) A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(4) An entrepreneur is a natural or legal person or a legal partnership that, in the course of concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(5) With regard to entrepreneurs, these terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
§ 2. Contracting party, conclusion of contract
(1) The purchase contract is concluded with mela wear GmbH.
(2) By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without a purchase obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.
§ 3. Contract language, contract text storage
(1) The languages available for the conclusion of the contract are German and English.
(2) You can find the contract text for the terms and conditions at any time on our website: https://www.melawear.de/en/company/terms-conditions/
§ 4. Terms of delivery
(1) In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
(2) We only deliver in transit. A pickup of the goods is not possible.
(3) The packaging takes place under professional and commercial aspects. Special packaging can be charged separately by mela wear GmbH at cost price.
(4) The correct and timely delivery by mela wear is reserved. Delivery dates are non-binding planned dates. If a binding delivery date has been agreed in the contract, mela wear GmbH will only be in default after the customer has set a reasonable grace period.
(5) Unless otherwise stated, all prices are exclusive of statutory VAT.
(6) The minimum order value for resellers per order is € 250.00 net excluding shipping costs. Mela wear GmbH reserves the right to cancel or modify orders where the minimum order value is not reached.
(7) As long as the customer is in arrears with a previous liability to mela wear, mela wear - without prejudice to other rights - can refuse delivery.
(8) Minor, technically unavoidable or customary deviations in the quality, color, width, weight, equipment or design of samples of the goods do not constitute defects. The above does not apply if mela wear GmbH agrees to a sample delivery or otherwise Guarantee of quality.
§ 5. Payment
(1) The following payment methods are basically available in our shop:
(a) advance payment
When selecting the payment method in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
(c) PayPal Plus
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the money order and after your legitimacy as the legitimate cardholder. You'll get more information during the ordering process.
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, you must have an online banking account with PIN / TAN procedure activated to participate in Sofort, have yourself legitimized and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be immediately executed and your account debited.
(e) Invoice (for entrepreneurs only)
You pay the invoice amount after receipt of the goods and the bill by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
(2) The customer may only assign claims other than monetary claims against mela wear GmbH to third parties with the prior written consent of mela wear GmbH.
§ 6. Retention of title
(1) The goods remain property of mela wear GmbH until full payment.
(2) For entrepreneurs, the following applies in addition: We reserve the ownership of the goods until full settlement of all claims arising from an ongoing business relationships. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims ourselves, as far as you do not meet your payment obligations.
§ 7. Transport damage
(1) For Consumers applies: If goods are delivered with obvious transport damage, please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
(2) For entrepreneurs: The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless there are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
§ 8. Warranty and Guarantees
(1) Unless explicitly agreed otherwise below, the statutory warranty rights apply.
(2) For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
(3) For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
(4) The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
(5) Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
§ 9 Cancellation Policy (only for consumers)
(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
(2) In order to exercise your right of revocation, you must inform us (mela wear GmbH, Gottschalkstrasse 51, 34127 Kassel, Tel .: + 49.561.47395828 / E-Mail: email@example.com) by means of a clear statement (eg one by post sent letter or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you cancel this agreement, we will have to repay immediately to you all the payments we have received from you, including the delivery charges, (except for the additional costs arising from choosing a different delivery method than the standard delivery offered by us) and at the latest within fourteen days from the day on which the notification of your revocation of this contract is received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods yourself. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Non-existence of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of revocation
Model Cancellation rights form
(If you want to revoke the contract, then please fill out this form and send it to us with the goods.)
mela wear GmbH
c / o Hipsydruck
21244 Buchholz i. d. Nordheide
Tel .: +49.561.47395828
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate
§ 10. Privacy
§ 11. Liability
(1) The liability of mela wear GmbH for damages, for whatever legal reason, in particular for impossibility, default of faulty or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort is, as far as it is in each case at fault, in accordance with this § 11 restricted.
(2) mela wear GmbH shall not be liable in the case of simple negligence on the part of its organs, legal representatives, employees and other vicarious agents, insofar as it is not a breach of essential contractual obligations whose breach jeopardizes the purpose of the contract (cardinal obligation). Claims for damages in this case are limited to the typical and foreseeable damage. These limitations do not apply to the liability of mela wear GmbH for willful conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act, and insofar as the damage is covered by the business liability insurance of mela wear GmbH, provided that Insurer has paid to mela wear GmbH.
§ 12 resale of the goods (for entrepreneurs)
(1) For products of mela wear GmbH, which are certified according to the Global Organic Textile Standard (GOTS) and / or the Fairtrade Cotton Standard, the following applies: Customers must ensure the guidelines for certification in trade in the products of mela wear GmbH. Mela wear GmbH is not responsible for this.
§ 13. Dispute resolution
(1) The European Commission provides an online dispute resolution (OS) platform, which can be found here http://ec.europa.eu/consumers/odr/.
(2) We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
§14 provider of the website
(1) The website offered under the domain www.melawear.de is operated by:
mela wear GmbH
represented by the management
Register court: Amtsgericht Kassel
§ 15. Final provisions
(1) Contracts between mela wear GmbH and its customers shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(2) 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 legislation of that country remains unaffected by the choice of law made in sentence 1.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of mela wear GmbH (Kassel). Incidentally, the applicable statutory provisions apply to local and international jurisdiction
§16 Severability clause
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.