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

(Version dated: 01.01.2022)

1. Scope

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

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 ( in the online shop. The shipping service providers described under 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.

6. Returns

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.

10. Liability

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)

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.

General Terms and Conditions of MEINDL Bekleidung GmbH & Co. KG and MEINDL Bekleidung Ges.mbH

Stand: 07/2001

  • 1 (1) We deliver exclusively under the following conditions. The submission of different conditions, especially on order forms from buyers, has no legal effect on us. Deviations prescribed by customers are only valid if expressly accepted in writing by us. Non-confirmation does not imply tacit acceptance. Our delivery does not constitute agreement to different terms and conditions. By accepting the delivery, the buyer also agrees to the exclusive validity of our conditions upon asserting their conditions. For initial orders, the order is considered accepted unless rejected in writing by the seller within 30 days. For subsequent orders, there is a 10-day period, unless otherwise stated, in which the invoice is issued in euros. Prices are, unless otherwise specified, always in euros. The buyer undertakes to sell the delivered goods only to end consumers in their respective location-bound retail stores known to the seller and operating under their company name, unless the seller has provided prior written consent for alternative resale. Unauthorized cross-deliveries to other resellers trigger a claim for damages, at least to the extent of the unlawfully distributed product revenues (sales price). The seller may make product changes and improvements that serve technological advancement without prior notice to the buyer.

  • 2 Delivery is made subject to availability, at the buyer’s risk and cost, using the most favorable shipping method for the seller (freight, postal, or freight forwarder) at the price in effect on the day of delivery. The Incoterms of the International Chamber of Commerce in Paris in their current version also apply. The price charged by the seller is the net price based on the price list in effect on the day of delivery, plus the applicable value-added tax on the day of delivery. The buyer must accept the sale price, as long as it is increased by a maximum of 2 percentage points every 6 months from the date of the order. Additional costs for special requests by the buyer (e.g., express delivery) are to be borne by the buyer. Packaging for mail and cartons, as well as crates and canvas packaging, are not invoiced separately. Partial deliveries by the seller are expressly permitted. The minimum quantity surcharge for orders below €125 net order value is €5.

  • 3 (1) Deliveries are made exclusively with reservation of ownership at the prices in effect on the day of delivery. Old price lists become invalid upon the publication of new price lists. Ownership is transferred to the buyer only after they have settled all their liabilities from goods supplied by the seller. This also applies if the purchase price for certain goods specified by the customer has been paid. In the case of an ongoing account, reserved ownership serves as security for our balance claims. Drawing a balance and acknowledging a balance do not affect the reservation of ownership.

  • (2) The buyer is entitled to resell the delivered goods in the ordinary course of business. The buyer acknowledges that all trademarks used by the seller are the exclusive property of the seller. For the resale of marked goods, the buyer is granted a non-exclusive right to use the trademarks. This right expires upon termination of the contractual relationship. Pledging or assigning any claims belonging to the seller to third parties is not permissible without the written consent of the seller. If the buyer sells the delivered goods, they hereby assign, in advance, all claims arising from the sale to their customers, with all ancillary rights, to the seller until the complete settlement of all claims from goods supplied by the seller. The buyer is obliged to promptly inform the seller of any forced execution. If the value of the provided securities exceeds the total delivery claims by more than 20%, the seller is obliged, upon the request of the buyer, to retransfer them to the extent of the excess. If the seller becomes aware of financial deterioration on the part of the buyer that appears to jeopardize the buyer’s creditworthiness and the realizability of the claims, the entire remaining debt can become immediately due, and further deliveries can be postponed until the matter is resolved positively, without the seller being liable for damages.

  • 4 (1) Force majeure or governmental measures entitle both the seller and the buyer to extend the delivery and acceptance period by the duration of the hindrance, but no more than up to a duration of four weeks (simultaneously an automatic resupply period), with an exclusion of damage claims. After the expiration of this period, both the buyer and the seller are entitled to withdraw from the contract. The same applies to labor disputes (strike and lockout). In all other cases, the seller is in default if they do not perform before the end of the agreed delivery period. After a 30-day resupply period following the end of the agreed delivery period, the withdrawal from the contract is considered completed, unless the buyer rejects such a withdrawal in writing before the end of the resupply period and demands fulfillment of the contract. In this case, the seller must immediately specify the binding delivery date. If the buyer does not object to this date promptly, it is considered a fixed date. If the seller does not specify the delivery date promptly, the buyer has the right to declare an immediate withdrawal from the contract by registered letter or to claim damages for non-performance after the 30-day resupply period has expired. Likewise, the withdrawal from the contract is considered completed after the 30-day resupply period has expired if the seller, before or during the resupply period, calls upon the buyer, specifying a binding delivery date, to declare whether they insist on the contract being fulfilled by the specified fixed date, and the buyer does not respond promptly or if an agreement on the date is not reached. In place of the automatic 4-week resupply period according to paragraph (2), in case of default by the seller, the buyer may set a deadline of 18 days with a declaration that they will demand fulfillment of the contract after this deadline. The deadline is calculated from the day on which the buyer sends the declaration by registered or telegraphic mail. After the expiration of the deadline, the buyer is entitled to claim damages for non-performance if the delivery is not made on time. Fixed-term contracts are excluded for initial orders.

  • 5 (1) Claims for visible defects must be made in writing. For non-merchants, they must be raised and justified within 8 days of receiving the goods, and in the case of delivery before the agreed delivery date, within 8 days of the agreed delivery date. For merchants, the provisions of the German Commercial Code (HGB) apply. This especially applies to hidden defects. The seller, at their discretion, initially provides rectification or replacement for recognized material defects. If the second rectification attempt fails, the buyer may request either a reduction in price or withdrawal. The disputed goods may only be returned with the consent of the seller and at the buyer’s expense unless the seller has not responded to the defect claim within 15 days. For claims related to individual items, sending the goods along with the defect claim simultaneously is permissible. The seller must process such claims within 15 days from the documented date of dispatch and inform the buyer in advance if the processing time for the claim will take longer than 2 weeks from the goods’ receipt by the seller; otherwise, the buyer is entitled to make a deduction from the invoice. In both directions, shipments must be made by registered mail. If the buyer does not send the goods by registered mail, the seller must process the claim within 10 days after receiving the goods. In this case, the return shipment to the seller may also be made without being sent by registered mail. If the buyer has handled a consumer complaint through exchange without consulting the seller, the seller will provide a credit or replacement delivery if the complaint is justified and resolving the defect would require an unreasonable effort compared to the product value. The risk of the seller rejecting the complaint in accordance with paragraph (3) remains for the buyer. Charging any form of processing fees for complaints is not permitted for both the buyer and the seller.

  • 6 (1) Invoices are issued on the day of dispatch or acceptance of the goods. For early deliveries, the agreed delivery date is considered the issue date. Modifications that alter the due date are not permissible, except for paragraph 3. In the case of new constructions or significant renovations, and only upon a written, justified request from the buyer for initial orders, the invoice can be issued up to 30 days later than the agreed delivery date. An open credit period must not exceed 60 days from the invoice date. For all deliveries, in case of exceeding the payment deadline or failure to meet the payment date of the agreed advance payment, interest of 3% above the respective ECB discount rate must be paid (applies to the transactions of our German company). Exclusively for transactions of our Austrian company, in case of payment default, the replacement of all dunning and collection costs, as well as 1% per month interest, is agreed upon (§ 448a Austrian Code of Civil Procedure – öZPO). For cash payment in an irreproachable cashier, 3% discount is granted within 10 days, 2% discount is granted within 30 days, and payment is due net without any deduction within 60 days. Offset is only permissible with undisputed or legally established claims. This also applies to the buyer’s right to withhold performance. All claims are due no later than 60 days after delivery. If the buyer’s financial situation significantly deteriorates, the seller can declare all claims immediately due by giving written notice to the buyer. In this case, the invoices can be consolidated into periods, specifically from the 1st to the 10th, from the 11th to the 20th, and from the 21st to the last day of each month. Acceptances and customer discounts are not considered cash payment. By agreement, three-month acceptances or bankable customer discounts can be provided without expenses, with issuance within 30 days of the invoice date. The buyer covers the incidental expenses. The contracting parties can agree on one or more of the specified targets.

  • 7 The payment date is the day on which the payment is demonstrably received and at the free and final disposal of the seller.

  • 8 If the buyer falls behind in the payment of a due invoice or if there is a substantial deterioration in their financial circumstances, the seller is entitled to withdraw from the unfulfilled part of the contract or demand cash payment or collateral for future deliveries without the need for prior notice of a grace period. Furthermore, the seller reserves the right to deliver only against prepayment.

  • 9 The place of performance for all obligations arising from the delivery contract is the place of business of the seller (Kirchanschöring). The provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) exclusively apply, as well as German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) from 1980. The place of jurisdiction (including for bills and check lawsuits) is the place of business of the seller (Traunstein). For claims against or by the Austrian company of the seller, the place of performance and jurisdiction is Oberndorf bei Salzburg.

  • 10 In the case of changes, customizations, and special productions, the buyer must promptly provide all order-relevant information in writing to the seller. All designs and construction drawings of the seller remain the property of the seller and must not be disclosed to third parties without the written consent of the seller. They must be returned in full upon request. Termination of the contract is only permissible for a compelling reason in this regard.

  • 11 Limitation of liability: The seller is only liable for willful intent and gross negligence in their own actions in the contractual and non-contractual areas, as well as those of their representatives and vicarious agents. Furthermore, they do not accept liability for consequential damages, including lost profits or other financial losses. Payments to field sales representatives are not considered as cash payment.

  • 12 The data related to our business relationships is stored in our IT system.

  • 13 The buyer undertakes not to stock competitive products of the seller in their business premises, which clearly imitate the legally protected models of the seller in a slavish manner. The buyer is liable for damages, at least in the amount of the unlawfully distributed product revenues (sales prices). The buyer will provide all necessary information for damage assessment, including the auditing of their business records by a certified public accountant or their consent for external damage determination.

  • 14 If one or more provisions in the preceding General Terms and Conditions are ineffective, or if there are gaps, the parties agree that the terms of the German Textile Industry Standard Terms and Conditions (which can be provided by the seller upon request) in their current version will become part of the contract. If no solution can be found, what economically best corresponds to the ineffective provision will be considered agreed upon.