General Terms and Conditions for the Online Shop of Meindl Bekleidung GmbH & Co. KG

(Version dated: 25.09.2024)

I. Scope of application
II. contractual partners and service descriptions
III. ordering process and conclusion of contract
IV. Prices and shipping costs
V. Contract language, contract text storage
VI. Delivery, availability of goods
VII. Terms of payment
VIII. Returns
IX. Retention of title
X. Right of withdrawal
XI. Damage in transit
XII. Warranties and guarantees
XIII. Liability
XIV. Online dispute resolution platform/ dispute resolution
XV. final provisions

I. Scope of application

these General Terms and Conditions (hereinafter: GTC) shall apply to all contracts concluded between Meindl Bekleidung GmbH & Co. KG, hereinafter referred to as the Seller, and a consumer (hereinafter referred to as the Customer). Should other terms and conditions of business, contract and/or purchase conflict with or deviate from these GTC, they shall not be recognized unless their validity has been agreed to in writing. The Seller shall provide its services only on the basis of these General Terms and Conditions.
consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.
these General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract for the present and future business relations between the seller and the customer, even if they have not been expressly agreed again. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

II Contractual partners and service descriptions

the purchase contract is concluded with Meindl Bekleidung GmbH & Co. KG, Dorfplatz 8-10, D-83417 Kirchanschöring.
the product presentations in the seller’s online store do not constitute a legally binding offer, but merely a non-binding invitation to submit offers (so-called invitatio ad offerendum).
service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. The quality of the goods offered in the online store is based exclusively on the product descriptions. The product images are intended only as a guide to the appearance of the goods. For all textiles, slight deviations in color tone compared to samples, in the fabric and surface quality are not completely avoidable for manufacturing reasons. Please also note that the presentation on the Internet varies from monitor to monitor and can never correspond exactly to the original.
All offers are valid “while stocks last”, unless otherwise stated on the products. Errors excepted.

III Order process and conclusion of contract
1. the customer can submit the offer via the order path available in the seller’s online store.
2. when placing an order via the online store, the customer can initially select and collect products from the seller’s range using the “add to shopping cart” button without obligation. In the shopping cart, the customer receives an overview of the products, which can be viewed, changed and deleted there. The customer completes the order process by clicking on the “Add to shopping cart” button in the shopping cart; he is then forwarded to the online order form, which the customer must complete in full. Information that is not required is marked “optional”. Alternatively, the customer can complete the order process via an express checkout by clicking on the PayPal button in the online order form; the customer will then be redirected to the respective payment service provider.
3. the customer’s legally binding order is placed by e-mail immediately after the order is sent. The confirmation of receipt of the order does not constitute a declaration of acceptance. A binding purchase contract is only concluded by our declaration of acceptance.This usually takes place within two to five days, either by sending the goods or by sending a separate confirmation of dispatch by e-mail.The seller is entitled to refuse to accept the order.
4. if Paypal is selected as the payment service provider, the contract is concluded earlier.Payment is made after unsolicited confirmation of the access data. After sending the order and with the request to initiate the payment transaction via PayPal, the seller immediately accepts the customer’s offer.


IV. Prices and shipping costs
1 All prices are calculated in euros, include the applicable statutory VAT and do not include shipping costs. The seller reserves the right to change the prices stated in the catalog or online store. The shipping costs may vary depending on the type of delivery and the nature of the item. The prices at the time of ordering apply. An overview of the shipping options offered,
-service providers and costs can be found at www.meindl-fashion.de/versandinformationen/.

2 Further costs may be incurred in individual cases for cross-border deliveries, such as additional taxes and/or duties, e.g. in the form of customs duties. The customer must inform himself about the costs in advance of the order. By concluding the contract, the customer agrees to bear these costs.

 

V.Contract language, contract text storage

1. the contract language of the German website is German.If you purchase goods via an English-language page of our website, these General Terms and Conditions shall apply in German.
2. We store the text of the contract on our systems. You can view your last orders via your account. The full text of the contract is not accessible there. If you have lost your order documents, please contact us by e-mail or telephone. We will then send you a copy of your order data.

VI Delivery, availability of goods
1. goods are delivered via the seller’s logistics partners to the delivery address specified by the customer.
2. if a product is not in stock, this will be indicated on the website, namely on the image of the item itself and in the respective item description, with the status “pre-order” or “pre-sale” and the expected availability date. Any deviating shipping times will be indicated in the order confirmation.
3. the shipping time for personalized products must be requested by the customer before placing the order.
4. if delivery to the customer is not possible, the commissioned logistics partner shall return the goods to the seller, whereby the customer shall bear the costs for the unsuccessful delivery.This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
5. if not all ordered products are in stock and this is also expressly stated in the respective item description, the customer is free to
a) withdraw from the contract orb) agree to one or more partial deliveries (partial delivery of the available products before partial delivery of the pre-ordered products), in which case, however, the customer must bear the additional shipping costs, or
b) to opt for the simultaneous delivery of all products as soon as the pre-ordered products are available.The same options are available to the customer in the event of unforeseen delays in delivery of part of the goods.The seller will then inform the customer immediately.
6. if the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product.If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.

VII Terms of payment

The ordered goods can only be paid for using the payment methods specified in the online store under the sub-website “Payment methods” (www.meindl-fashion.de/zahlungsmethoden/). The shipping service provider described at www.meindl-fashion.de/versandinformationen/ shall deliver the ordered goods within the delivery period specified on the website during the ordering process as soon as the payment has been received by the seller.

VIII Retention of title
The delivered goods remain the property of the seller until full payment has been made.

IX. Right of withdrawal
If the customer is a consumer, the customer has the following right of withdrawal in the event that the contract was concluded exclusively using means of distance communication:
Cancellation policy

1. right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.To exercise your right of withdrawal, you must inform us, Meindl Bekleidung GmbH & Co. KG by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.You can use the attached sample withdrawal form, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.


3. sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).To:

Meindl Bekleidung GmbH & Co. KG
Dorfplatz 8-10
D-83417 Kirchanschöring
E-mail: support-fashion@meindl.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Date, signature of the consumer(s) (only in case of notification on paper)
(*) Delete as appropriate

 

4. exceptions to the right of withdrawal
The right of withdrawal does not apply to
a) Contracts for the delivery of goods that are not prefabricated and that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the customer. All personalized products are intended for final sale and have been manufactured according to the customer’s instructions. The seller shall not be liable for any errors resulting from the customer’s instructions or specifications.
b) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

 

5. compensation for lost value
Express reference is made to the statutory provisions in Section 357 (7) BGB. Accordingly, in the event of a loss in value of the goods, the customer must pay compensation if the reason for the loss in value is that the customer has handled the product in a way that was not necessary to check the nature, characteristics or functioning of the product. This is particularly the case if the product shows signs of wear that go beyond the handling described above for testing the goods.

X. Returns
1. goods for which the statutory right of withdrawal is excluded cannot be returned, even within the scope of the return guarantee. The same applies to goods for which the statutory right of withdrawal has already expired before the expiry of the withdrawal period at the time of return. Any possible reasons for exclusion or expiry for the purchased product are stated in the above withdrawal policy under “4. exceptions to the right of withdrawal”.
2. customized goods are excluded from return.

3. if a return shipment by the seller’s shipping service provider is not possible due to the nature of the goods, the customer must contact the seller in order to have the return shipment handled by the seller.
4. the customer bears the transport risk for returns.
5. the statutory regulations are not affected.

XI. Transport damage
If delivered items show obvious transport damage, the customer is requested to complain about this immediately to the seller’s logistics partner and to contact the seller as soon as possible. Failure to make a complaint to the logistics partner or a delay in making contact has no influence on the legal claims to which the customer is entitled, but helps the seller to assert his own claims against the carrier or his transport insurance.

XII. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply
Claims for defects in used goods shall become time-barred one year after delivery of the goods. The above shortened period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents, due to injury to life, body or health, due to breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), in the event of intentional or grossly negligent breach of duty and insofar as the scope of application of the Product Liability Act is opened.

XIII Liability
1. the following exclusions and limitations of liability shall apply to the seller’s liability for damages, notwithstanding the other statutory requirements for claims.
2. liability for intent, fraudulent intent and under guarantee is unlimited. In the event of gross negligence, the Seller shall be liable to the amount of the typical damage foreseeable at the time of conclusion of the contract. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies (so-called cardinal obligations). In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. Subject to paragraph 3, the seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
3. the above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
4. insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

XIV Online dispute resolution platform/ dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

XV Final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the customer is our registered office, unless the customer is a consumer within the meaning of § 13 BGB, i.e. a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.
Reference is made accordingly to the data protection declarations.

 

General Terms and Conditions of
Meindl Bekleidung GmbH & Co. KG

1 We deliver exclusively in accordance with the following terms and conditions. The sending of conditions to the contrary, in particular on order forms from customers, shall have no legal effect on us. Deviations prescribed by customers are only valid if they are expressly accepted by us in writing. Non-confirmation shall not be deemed tacit acceptance. Delivery by us also does not constitute consent to deviating terms and conditions. By accepting the delivery, the buyer agrees to the exclusive validity of our terms and conditions even after assertion of his terms and conditions.

In the case of initial orders, the order shall be deemed to have been accepted if it is not expressly rejected by the Seller within 30 days; in the case of subsequent orders, a period of 10 Invoicing shall be in euros, unless otherwise stated. Unless otherwise stated, prices are always in euros.

The Buyer undertakes to sell the delivered goods only to end consumers in his (his) local specialist retail store(s) known to the Seller and trading under his name, unless the Seller has given his prior written consent to any other sale. Unlawful cross-deliveries to other resellers shall trigger a claim for damages at least in the amount of the unlawfully distributed product proceeds (sales price).
The Seller may make changes and improvements to the product in the interest of technical progress without having to inform the Buyer in advance.

2 Subject to availability, delivery shall be made without obligation at the risk and expense of the Buyer by the most favorable shipping method for the Seller (freight, post or forwarding) at the price applicable on the day of delivery. In addition, the Incoterms of the International Chamber of Commerce in Paris shall apply in their currently valid version. The price charged by the Seller shall be understood as the net price of the Seller’s price list valid on the day of delivery plus the statutory value added tax at the rate applicable on the day of delivery. The Buyer shall accept the sales price insofar as it is increased by a maximum of 2 percentage points per 6 months from the order at the time of delivery. Additional costs for special requests of the Buyer (e.g. shipment by express courier or express delivery) shall be borne by the Buyer. Postal and cardboard packaging as well as crate and canvas packaging shall not be invoiced separately. Partial deliveries by the seller are expressly permitted. A minimum quantity surcharge of less than Euro 125,- net order value is Euro 5,-.

3 (1) Deliveries shall be made exclusively subject to retention of title at the prices valid on the day of delivery. Old price lists lose their validity with the publication of new price lists. Ownership shall not pass to the Buyer until it has settled all its liabilities arising from deliveries of goods by the Seller. This shall also apply if the purchase price for certain deliveries of goods designated by the customer has been paid. In the case of a current account, the reserved title shall serve as security for our balance claim. Drawing a balance and recognizing a balance shall not affect the retention of title.

 

3 (2) The Buyer is entitled to sell the delivered goods in the ordinary course of business. The Buyer acknowledges that all trademarks with which the Seller’s goods are marked are the sole property of the Seller. The Buyer is granted a non-exclusive right to use the trademarks for the resale of the labeled goods. This right shall expire completely upon termination of the contractual relationship. The pledging or transfer by way of security to third parties as well as the assignment of any claims to which the seller is entitled is not permitted without the written consent of the seller. If the Buyer sells the delivered goods, it hereby assigns to the Seller all claims against its customers arising from the sale, including all ancillary rights, until all claims of the Seller arising from the delivery of goods have been settled in full. The Buyer is obliged to inform the Seller immediately of any enforcement. If the value of the securities provided exceeds the delivery claims by a total of more than 20%, the seller shall be obliged to retransfer them at the buyer’s request. If the Seller becomes aware of a deterioration in the Buyer’s financial situation which appears to jeopardize the Buyer’s creditworthiness and the realizability of the claims, the entire remaining debt may become due immediately and a new delivery may be postponed until final positive clarification, without the Seller becoming liable for damages.

4 (1) Force majeure or official measures shall entitle both the Seller and the Buyer to extend the delivery and acceptance period by the duration of the impediment, but up to a maximum of four weeks (automatic subsequent delivery period at the same time), to the exclusion of claims for damages. After expiry of this period, both the Buyer and the Seller shall be entitled to withdraw from the contract. The same shall also apply in the event of labor disputes (strike and lockout).
Furthermore, the Seller shall be in default if it does not perform before the expiry of the agreed delivery period. After 30 days from the expiry of the agreed delivery period, withdrawal from the contract shall be deemed to have been effected unless the Buyer rejects such withdrawal in writing before the expiry of the delivery period and the contract is fulfilled. If the Buyer does not immediately object to this date, it shall be deemed to be a fixed date. If the seller does not state the delivery date immediately, the buyer has the right to declare its immediate withdrawal from the contract by registered letter or to demand compensation for non-fulfillment after the 30-day subsequent delivery period has expired. Withdrawal from the contract shall also be deemed to have been effected after expiry of the 30-day subsequent delivery period if the Seller, before or during the subsequent delivery period, requests the Buyer to declare whether it insists on fulfillment of the contract on the fixed date specified, stating a binding delivery date, and the Buyer does not respond immediately or an agreement on the date is not reached.
Instead of the automatic subsequent delivery period of 4 weeks in accordance with clause

 

4 (2), the Buyer may, in the event of default on the part of the Seller, set the Seller a period of 18 days at any time with the declaration that it will suspend performance of the contract after expiry of this period. After expiry of the deadline, the buyer is entitled to claim damages for non-performance if delivery has not been made on time. Fixed-date transactions are excluded for first orders.

 

5 (1) Notification of visible defects must be made in writing. In the case of non-merchants, it must be made and substantiated within 8 days of receipt of the goods, in the case of delivery before the agreed delivery date within 8 days of the agreed delivery date. In the case of merchants, the provisions of the German Commercial Code (HGB) shall apply. This applies in particular to hidden defects.

In the event of recognized material defects, the Seller shall, at its own discretion, first rectify the defect or, if the second rectification fails, the Buyer may, at its discretion, demand a reduction in price or rescission. The rejected goods may only be returned with the Seller’s consent and free of charge, unless the Seller has not responded to the complaint within 15 days.

In the case of complaints about individual parts, the goods may be sent in at the same time as the notice of defects. Such complaints shall be processed by the Seller within 15 days from the verifiable date of dispatch and the Buyer shall be informed in advance if the complaint processing time will take longer than 2 weeks from receipt of the goods by the Seller; otherwise the Buyer shall be entitled to claim the equivalent value of the goods. If the buyer does not send the goods by registered post, the seller must settle the complaint within 10 days of receipt of the returned goods. In this case, the seller may also return the goods by unregistered post. If the Buyer has settled a consumer complaint by exchanging the goods without consulting the Seller, the Seller shall issue a credit note or make a replacement delivery if the complaint is justified and the rectification of the defects is only possible at a cost that is disproportionate to the value of the goods. The risk of rejection of the complaint by the seller in accordance with clause (3) remains with the buyer. The charging of any kind of processing fees for complaints is not permitted for the buyer and the seller.

6  Invoices shall be issued on the date of dispatch or acceptance of the goods; in the event of early delivery, the agreed delivery date shall be deemed the date of issue. With the exception of sentence 3, value dates that change the due date are not permitted. In the case of new buildings or conversions of a significant scope, the invoice may be issued up to 30 days later than the agreed delivery date for initial orders by way of exception and only at the written, justified request of the Buyer.

 

An open target may not exceed 60 days from the invoice date. For all deliveries, interest in the amount of 3% above the respective discount rate of the ECB shall be payable if the payment term is exceeded or if the payment date of the agreed advance payment is not met (applies to the legal transactions of our German company). The following applies exclusively to the legal transactions of our Austrian company: in the event of default of payment, the reimbursement of all dunning and collection costs as well as interest of 1% per month shall be deemed agreed (§ 448 a Austrian Code of Civil Procedure). In case of cash payment in loss-free cash dato invoice within 10 days are 3% within 30 days are 2% discount 60 days net without any deduction. Offsetting is only permitted with an undisputed or legally established claim. This shall also apply to the Buyer’s rights to refuse performance and rights of retention. All claims are due 60 days after delivery at the latest. In the event of a significant deterioration in the Buyer’s financial situation, the Seller may declare all claims due immediately by notifying the Buyer in writing.

 

The invoices from the 10th to the 11th to the 20th and from the 21st to the last day of each month may be summarized on the last day of this period. Acceptances and customer remittances are not cash payments. By agreement, stamped three-month acceptances or bankable customer remittances can also be given free of charge. They must be handed over within 30 days of the invoice date. The buyer shall bear the ancillary charges. The contracting parties may agree on one or more of the above-mentioned dates.

7  The day of payment shall be deemed to be the day on which the payment is demonstrably received by the Seller for its free and final disposal.

 

8 If the Buyer is in arrears with a due invoice or if there is a significant deterioration in the Buyer’s financial circumstances, the Seller shall be entitled to withdraw from the part of the contract not yet fulfilled or to demand cash payment or security for the goods for further deliveries without the need to set a grace period in advance. Furthermore, the Seller reserves the right to deliver only against advance payment.

 

9  The place of performance for all services arising from the supply contract shall be the place of the Seller’s commercial establishment (Kirchanschöring). The provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) shall apply exclusively, as well as German law to the exclusion of the UN Convention on Contracts for the International Sale and Purchase of Goods (CISG) of 1980. The place of jurisdiction (also for actions on bills of exchange and cheques) shall be the place of the seller’s commercial establishment (Traunstein). For claims of or against the Austrian company of the Seller, the place of performance and jurisdiction shall be Oberndorf near Salzburg.

 

10 In the case of modifications, custom-made products and special designs, the Buyer shall provide the Seller with all order-relevant information in writing without delay. All drafts and design drawings of the Seller shall remain the property of the Seller and may not be made accessible to third parties without the written consent of the Seller. They must be handed over to the Seller in full on request. Withdrawal from the contract is only permissible for good cause.

 

11 Limitation of liability. The Seller shall only be liable for its own actions in the contractual and non-contractual area, as well as those of its representatives and vicarious agents, in the event of intent and gross negligence. Furthermore, no liability is accepted for loss of profit or other financial losses in the event of consequential damages. No indemnification can be granted to sales representatives.

 

12 The data relating to our business relations are stored in our EDP system.

 

13 The Buyer undertakes not to stock any competing products of the Seller in its business premises that imitate the Seller’s legally protected models in an obviously slavish manner. The Buyer shall be liable for damages, at least in the amount of the unlawfully distributed product proceeds (sales prices). The Buyer shall provide all information necessary for the determination of damages, including an audit of its business records by an auditor or its consent to an external assessment of damages.

 

14 Should one or more provisions in the above General Terms and Conditions be invalid or should gaps occur, the parties agree that the current version of the Standard Terms and Conditions of the German Textile Industry (to be sent to the Buyer by the Seller on request) shall apply. Furthermore, if no solution can be found, that which comes closest in economic terms to the invalid provision shall be deemed to have been agreed.