General Terms and Conditions for the Online Shop of Meindl Bekleidung GmbH & Co. KG
(Version dated: 01.01.2022)
These General Terms and Conditions are applied to all contracts between Meindl Bekleidung GmbH & Co. KG (called the Contractor below) and its clients. If other business, contractual and/or purchasing conditions conflict or differ, they will not be recognised unless their validity is agreed in writing. The Contractor provides services only on the basis of these T&Cs.
If individual contractual agreements were made in writing between the two contracting parties, these shall take precedence over the provisions of these general terms and conditions.
These general terms and conditions shall then only apply additionally, unless otherwise agreed in the individual contract.
2. Contracting parties, conclusion of a contract
The purchase agreement is made with Meindl Bekleidung GmbH & Co. KG, Dorfplatz 8-10, D-83417 Kirchanschöring.
The products illustrated in our online shop do not represent a legally binding offer; they are merely a non-binding invitation to make your own offer (“invitatio ad offerendum” – invitation to treat).
You have the option of concluding the ordering process via the shopping cart system.
When you order via the shopping cart system, you can first place our products in the shopping cart without obligation and can correct your input at any time before you submit your binding order by using the correction tools provided and as explained during the ordering process. When you click the “Buy now” button, you are submitting a binding order for the merchandise contained in the shopping cart.
Receipt of your order is confirmed by email immediately after you submit your order. Please note that the confirmation of receipt of your order is not a declaration of acceptance. A binding purchase agreement between you and us does not exist until we send our declaration of acceptance. This will happen within two days, either in the form of shipping the merchandise or by sending a separate shipping confirmation by email.
3. Prices and shipping costs
All prices are calculated in Euros and include the current legally applicable value added tax; they are exclusive of shipping costs. The shipping costs can vary according to the shipping method and the nature of the item. The prices at the time of ordering apply. You will find an overview of the shipping options, service providers and costs at www.meindl-fashion.de/en/shipping-information/.
4. Contract language, storage of contract text
The contract language on the German website is German. If you purchase merchandise through an English-language page on our website, these General Terms and Conditions in German apply.
We store the contract text on our systems. You can view your most recent orders via your account. You cannot access the complete contract text there. If you have lost the documentation for your orders, please contact us by email or telephone. We will then send you a copy of the data concerning your order.
5. Terms of payment
The ordered merchandise can only be paid for using the payment methods listed on the “Payment methods” sub-page (www.meindl-fashion.de/en/payment-methods/) in the online shop. The shipping service providers described under www.meindl-fashion.de/en/shipping-information/ will deliver the ordered merchandise within the delivery time specified during the ordering process on the website as soon as the Contractor receives the payment.
Merchandise for which there is no statutory right of cancellation can also not be returned under the return guarantee. The same applies to merchandise for which the statutory right of cancellation had already lapsed at the time of return before expiry of the cooling-off period. Possible grounds for exclusion or expiry for the acquired product are given in the abovementioned cancellation policy under “Grounds for exclusion or expiry”.
Customised merchandise may not be returned.
If you send back merchandise with this right of return, we will reimburse the purchase price, but not the shipping costs for your original purchase, unless otherwise specified below.
The purchaser will bear the direct costs of returning the merchandise. The costs are estimated to be no more than around EUR 2,500 within Europe. The shipping or transport costs / return costs for third countries are not affected by the upper limit since these costs must be determined separately.
If the merchandise cannot be sent back with one of our shipping service providers due to their high quality, please contact us and we will handle the return shipment.
In all cases you will bear the transport risk for the return shipment. This right of return does not limit your statutory rights and thus not your right of cancellation.
7. Retention of title
The merchandise remains our property until it has been paid for in full.
8. Damage in transit
If merchandise is delivered with obvious damage in transit, please report such faults as soon as possible to the carrier and contact us immediately. The failure to submit a complaint or make contact will in no way affect your statutory claims and the enforcement of such claims, especially your warranty rights. It will, however, help us to assert our own claims with respect to the carrier or transport insurance company.
9. Warranty and guarantees
Unless otherwise explicitly agreed, the statutory warranty right applies.
Claims for defects in used items expire one year from delivery of the merchandise. The above reduced time limit does not apply for claims for losses that were caused by us, our legal representatives or agents, due to loss of life, physical injury or detrimental effects on the health, due to breach of significant contractual obligations whose fulfilment is a prerequisite for the proper execution of the contract and upon the adherence to which the contracting party relies (cardinal obligations), in the event of deliberate or grossly negligent dereliction of duty and in so far as the Product Liability Act is applicable.
We do not recognise any claims for compensation on your part. This does not include claims for damages resulting from loss of life, physical injury or detrimental effects on health, due to breach of significant contractual obligations (cardinal obligations) as well as the liability for other losses that are due to a deliberate or grossly negligent dereliction of duty by the seller, its legal representatives or agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of breach of significant contractual obligations, we shall only be liable for the foreseeable damage that is typical of the contract if it was caused by simple negligence, unless it relates to claims for damages resulting from loss of life, physical injury or detrimental effects on health.
The above restrictions also apply in favour of our legal representatives and agents if claims are made against them directly.
This does not affect the regulations of the Product Liability Act.
11. Online dispute settlement platform / dispute resolution
The European Commission provides an online dispute resolution platform (ODR) https://ec.europa.eu/consumers/odr/.
We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
This agreement is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The sole place of jurisdiction for all disputes arising from contractual relationships between us and you, in so far as you are a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or a special public fund, is our registered office.