Terms and Conditions
Terms and Conditions
1. Subject Area
Our online shop is aimed exclusively at entrepreneurs, traders, freelancers and public institutions. No sale to consumers in the sense of § 13 BGB. By completing the purchase you confirm that you are not a consumer in the sense of § 13 BGB. In addition to checking your entrepreneurial status as part of the ordering process, we are entitled, but not obliged, to provide proof of your entrepreneurial status by submitting suitable and up-to-date documents, e.g. extract from the commercial register or business registration.
These general terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with:
MEINEX Retail Solutions GmbH
Center for shop fittings, new and used
Tel .: +49 (0)441 96010622
Fax: +49 (0)441 96010624
Managing director: Renke Heeren
VAT ID No .: DE335622583
Register court: District court Oldenburg, HRB 215835
For content on websites to which a link refers and content that is express or implied, e.g. MEINEX Retail Solutions GmbH does not accept any liability if it is marked as third-party content by means of a copyright notice or appropriate branding.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially add our products to the shopping cart or put them on the request list without obligation and correct your entries at any time before sending your binding order. With clicking the order button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
A purchase contract is only concluded when we send the ordered product to you and confirm the shipment to you with a second email.
3. Contract Language, Contract Text Storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible on the Internet.
4. Terms of Delivery
In addition to the specified product prices, shipping costs are added. You can find out more about the amount of the shipping costs from the offers, as well as the expected delivery times.
The delivery period only begins with the receipt of any payments to be made by the customer in advance and / or other information, documents, permits and releases to be provided.
In principle, you have the option of picking up from MEINEX Retail Solutions GmbH, Isenkamp 11-13, 26131 Oldenburg, Germany during the following business hours: 9:00 a.m. to 4:30 p.m.
We do not deliver to packing stations.
We offer island delivery only after prior agreement against the calculation of an individual island surcharge. Any freight costs mentioned apply only to the mainland (ferry dock or similar).
Goods are delivered to the customer's delivery address at the unloading point. This is responsible for unloading from the truck and must ensure proper transport to the final location, unless otherwise agreed.
Please make sure that the freight forwarder arrives at the agreed delivery address on the agreed delivery date, because the freight forwarder will be charged for each subsequent delivery attempt depending on the size of the order. The customer has to bear these additional costs.
If the product you ordered is not available from us because we are not able to deliver to you from our reliable supplier through no fault of ours despite placing an identical order, we will inform you of this immediately in the order confirmation. We are released from our obligation to perform and can withdraw from the contract. If you have already made payments, we will refund them immediately.
If we deliver with our own truck fleet, we will ensure a quick delivery. If a part of the order cannot be delivered immediately, because we are not promptly supplied by our reliable supplier without our fault despite placing an identical order, we will deliver the remaining goods without recalculating the shipping costs, as far as this is reasonable for you.
Used goods are checked in detail before delivery and prepared for dispatch. If it is determined here that the product you ordered is not in good condition or should have irreparable damage and we cannot deliver an equivalent used alternative, we will be released from our obligation to perform and can withdraw from the contract. If you have already made payments, we will refund them immediately.
If there are unforeseeable disruptions in the supply chain, for example weather-related delays, we are not in default of delivery.
You agree to the transmission of all invoices by email. The consent can be withdrawn at any time. In the event of a delay in payment, we reserve the right to charge you the statutory default interest in the amount of nine percentage points above the base rate and a flat rate of 40 euros. Further claims remain unaffected.
The prices shown are exclusive of the applicable sales tax and, if applicable, shipping costs. If you provide us with your valid VAT ID, a VAT-free intra-Community delivery within the European Union or export deliveries can be carried out after checking.
The following payment methods are generally available in our shop:
PayPal: With PayPal you can easily and securely pay for your goods online without cash. Your credit card and bank details are only deposited by PayPal. The service is free of charge for you.
Credit Card: You can pay conveniently and securely with a credit card. We accept VISA and MasterCard. If you buy with a credit card, your credit card account will be charged immediately. It is a PayPal service. However, you do not need a PayPal account to pay by credit card. The service is free of charge for you.
Sofortüberweisung: SOFORT Banking is a Europe-wide payment method that enables buyers to make donations or payments without having to set up an account. As a customer, you use your own online banking data to log in and transfer money from your own bank account. SOFORT Banking has been tested by the TÜV and offers the appropriate security for use as a payment method.
Giropay: In Germany, payments are preferably made online by bank transfer. This makes the Giropay system, which is supported by over 1,500 banks, a very popular form of payment on the German market. Since the transfers are made in real time, payments via Giropay are also 100% secure.
Prepayment: You will receive our bank details and account details by email in your order confirmation. For prepayment orders, a payment period of 5 working days applies. We reserve the right to sell the goods elsewhere if payment has not been received by the deadline.
iDEAL: iDEAL is the most used payment method in the Netherlands. The customer transfers the respective amount of money directly from his bank account in the familiar online banking environment. This guarantees a successful payment that the customer can no longer take back. The customer's bank guarantees the security of the transaction.
EPS: Alternative payment methods dominate the Austrian e-commerce market. The most common form of payment is bank transfer, with EPS being the most popular payment method for bank transfers in Austria. Customers trust EPS because it is an initiative of Austrian banks and the government.
6. Retention of Title
We reserve ownership of the goods until all claims from an ongoing business relationship have been fully paid. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice - regardless of a connection or mixing of the reserved goods with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other objects, we acquire co-ownership of the new object in the ratio of the value of the reserved goods to the other processed objects at the time of the connection or mixing or processing. If your thing is to be regarded as the main thing, you have to transfer proportional co-ownership to us. We will release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claims to be secured by more than 10%.
7. Transport Damage
The risk of accidental loss and accidental deterioration passes 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 dispatch. The duty to inspect and to give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved unless there is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect. Please send your notice of defects to email@example.com. We will contact you immediately and find a solution.
8. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies.
The sale of used items takes place to the exclusion of any warranty.
Any individually promised guarantees apply from the performance date for the individually promised period. In the case of plug-in cooling units in particular, the guarantee applies exclusively to the maintenance-free refrigeration technology and to the correspondingly functional cooling capacity. In the case of items such as shelving systems, shopping carts, baskets and the like, the possible guarantee applies only to the structural condition. Excluded from guarantees of any kind are generally wear parts such as pressure hoses, rollers, cables, connectors, wheels, fans, rubber seals / lips, lights and the like.
The following applies to the sale of newly manufactured items: The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a guarantee of our choice by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
- as far as the scope of the Product Liability Act is open or
- as part of a guarantee promise, if agreed.
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of an intentional or grossly negligent breach of duty
- in the case of a guarantee promise, if agreed, or
- as far as the scope of the product liability law is open.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which must typically be expected.
In addition, claims for damages are excluded.
10. Alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS platform), which you can reach at https://ec.europa.eu/consumers/odr/.
MEINEX Retail Solutions GmbH declares its willingness to participate in a dispute settlement procedure before a consumer arbitration board.
The Federal Universal Arbitration Center, Center for Arbitration e. V., Straßburger Strasse 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11. Final Notice
German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
General terms and conditions based on: Trusted Shops legal texts in cooperation with Wilde Beuger Solmecke Rechtsanwälte.