General Terms and Conditions and Consumer Information

Translations into other languages are for information purposes only and are to be understood as so-called courtesy translations. Only our General Terms and Conditions and Consumer Information in German are legally binding.  

General Terms and Conditions (GTC) and consumer information of MEO Vertriebs GmbH, as of July 2021, hereinafter referred to as -MEO-.
§ 1 General and scope of application

1) These terms and conditions apply to all orders placed via the online store and the websites of MEO Vertriebs GmbH.

2) Consumers within the meaning of these terms and conditions are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity. Wholesalers are entrepreneurs who receive separate wholesaler access through appropriate accreditation and order quantities from us; the provisions for entrepreneurs naturally apply to them accordingly. Customers within the meaning of these terms and conditions are consumers as well as entrepreneurs and wholesalers.

3) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.
 
§ 2 Conclusion of contract, reservation of self-delivery

1) Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reasonable limits.

2) By ordering the goods, the customer makes a binding declaration that he wishes to purchase the ordered goods.

3) If the consumer orders the goods electronically, we will confirm receipt of the order immediately. A mere confirmation of receipt to the customer does not constitute a binding acceptance of the order. However, the confirmation of receipt can be combined with the declaration of acceptance. Acceptance shall be made in writing or by delivery of the goods to the customer. Until binding acceptance on our part, the customer has no legal claim to delivery. We are entitled to refuse to accept an order - for example after checking the customer's creditworthiness. We are entitled to limit the order to normal household quantities.
 
§ 3 Delivery; reservation of self-delivery

1) Unless otherwise stated in the offer, the delivery time is 3-5 days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the remitting bank; in the case of other payment methods, it begins on the day after the contract is concluded and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.

2) If not all products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

3) Should the delivery of the goods fail through your fault despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you immediately.

4) The conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction has been concluded with our supplier. The customer shall be informed immediately of the non-availability of the service. The consideration will be refunded immediately or a replacement item of equal or higher value will be delivered. If the customer is not satisfied with the goods, they can be returned at our expense.
 
§ 4 Retention of title

1) In the case of contracts with consumers, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

2) The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.

3) The customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of his own change of residence.

4) We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of an obligation under sections 2 and 3 of this provision.

5) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
 
§ 5 Right of withdrawal

1) Please read the following information on canceling an order from our Internet store.

Consumers have a right of withdrawal in accordance with the following provisions:

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Cancellation policy
Right of withdrawal

You have the right to cancel 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, has or has taken possession of the goods if you have ordered one or more goods as part of a single order and the goods or goods are delivered uniformly;

- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;

- on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;

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If several of the above alternatives apply, the withdrawal period shall not begin until you or a third party named by you, who is not the carrier, has taken possession of the last goods or the last partial shipment or the last item.

To exercise the right to cancel, you must inform us, MEO Vertriebs GmbH, Lise-Meitner-Str. 9, D-45699 Herten, Deutschland, Tel. +49 2366 500 500; Fax: 02366 / 500 510, eMail: [email protected], of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). 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. You can fill in and send the model withdrawal form or another clear declaration on our website http://www.meo.de/catalog/widerrufsformular.php, also electronically. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
 
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; under no circumstances 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 shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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The right of withdrawal does not apply

- in the case of distance contracts for the delivery 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;

 The right of withdrawal expires prematurely in the case of distance 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;

- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging. Please note that these modalities are not a prerequisite for the effective exercise of the right of withdrawal.
 
§ 6 Payment

1) The purchase price offered is binding. The purchase price includes the statutory value added tax. For taxable deliveries in the United Kingdom (invoice value less than GBP 135.00), only simplified invoices (no VAT invoices) will be issued, as these are deliveries to end customers. In the case of mail order purchases, the purchase price is subject to a flat-rate delivery charge. The customer does not incur any additional costs when ordering by means of distance communication. The customer can pay the purchase price by cash on delivery, advance bank transfer or credit card. In the case of payment by credit card, pre-authorization is carried out without a debit when the order is placed. The amount will be debited upon delivery (in the case of partial deliveries, partial amount and shipping costs on a pro rata basis; in the case of subsequent deliveries, partial amount and pro rata shipping costs). In the case of payment by cash on delivery, an additional fee of EUR 10.00 will be charged by the deliverer on site.

2) The customer undertakes to pay the purchase price within 10 days of receipt of the goods at the latest. After expiry of this period, the customer shall be in default of payment.

3) The customer shall only be entitled to offset if his counterclaims have been legally established, recognized by us or are based on the same contractual relationship. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
 
§ 7 Minimum turnover / minimum quantity surcharge for wholesalers

In order to allow our wholesaler customers to benefit from corresponding price advantages, a minimum turnover per order of EUR 500.00 (net) is agreed for them. If this amount is not reached, we are entitled to charge a minimum quantity surcharge of EUR 50 plus VAT.
 
§ 8 Transfer of risk

1) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

2) If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods are handed over, even in the case of sale by delivery to a place other than the place of performance. If the buyer is in default of acceptance, this shall be deemed equivalent to handover.
 
§ 9 Warranty

1) The statutory warranty shall apply unless deviated from below.

2) If the buyer is an entrepreneur, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement.

3) Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

4) For entrepreneurs, the warranty period is one year from delivery of the goods. This shall not apply if the customer has not notified us of obvious defects in good time (clause 2 of this provision). For consumers, the limitation period is two years from the transfer of risk of the goods. For used goods, the limitation period is one year from the transfer of risk of the goods.

5) If the buyer is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

6) The customer does not receive any guarantees from us in the legal sense. Manufacturer guarantees remain unaffected by this.
 
§ 10 Limitations of liability

1) In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations

2) The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer or breach of material contractual obligations. Essential contractual obligations are abstractly such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance a contracting party may regularly rely.
 
§ 11 Copyrights and usage agreements

1) With the purchase and/or sale of MEO products, the customer does not acquire any commercial rights of use to the MEO logo or our brands over and above the statutory provisions.

2) In particular, this does not entitle the customer to copy, use and/or have used our product photographs and/or product texts created at considerable production and cost, even in part. We have separate usage agreements for this purpose, which we conclude with selected customers. Any violation of the prohibition of use will be prosecuted by us in any case. In addition to other damages, we reserve the right to charge appropriate license fees for unauthorized use.
 
§ Section 12 Consumer Dispute Settlement Act (VBSG)

1) We do not participate in dispute resolution proceedings before a consumer arbitration board.
 
§ 13 Final provisions

1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office or Düsseldorf. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

3) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
 
Information on the conclusion of contracts in electronic business transactions
1. contractual partner

Your contractual partner is:

MEO Vertriebs GmbH, Lise-Meitner-Str. 9, D-45699 Herten, Germany, Fax: 02366 / 500510, eMail: [email protected]
 
2. conclusion of the contract in electronic business transactions, contract language

The conclusion of the contract in electronic business transactions is subject to our aforementioned General Terms and Conditions (see above).

The contract is concluded exclusively in German.

3. essential characteristics of the goods, information on payment and delivery

The essential characteristics of the goods can be found in the respective product description in our webshop. Payment and delivery are made in accordance with our General Terms and Conditions (see above) and our customer information on our website.
 
4. storage of the contract text

If the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request, together with these General Terms and Conditions.
 
5 Technical steps leading to the conclusion of the contract, correction options

The customer submits his offer via our order form according to the following procedure:

Once you have found your desired product, you can place it in the shopping cart without obligation by clicking on it. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart. You can also remove products from the shopping cart at any time. If you wish to purchase the products in the shopping cart, click the checkout button. The order is accepted in accordance with our General Terms and Conditions (see above).

Before submitting your order, you can check your entries again and correct them before final submission. By clicking on the Buy button, you finalize the order process. The process can be canceled at any time by closing the browser window.
 
6. further information

This information is not exhaustive. Further pre-contractual information obligations are provided directly in connection with the product offered and as part of the ordering process.
 
Duty to provide information in accordance with the Battery Ordinance

In connection with the sale of batteries or rechargeable batteries or with the delivery of devices containing batteries or rechargeable batteries, we as the seller are obliged to inform the buyer of the following in accordance with the Battery Ordinance (BatterieVO):

Batteries must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. After use, you can return the batteries free of charge to the point of sale (MEO Vertriebs GmbH, Lise-Meitner-Str. 9, 45699 Herten) or in your area (e.g. at municipal collection points). You can also return the batteries to us by post. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin. The chemical name of the pollutant can be found next to this dustbin symbol. Cd" stands for cadmium, "Pb" for lead and "Hg" for mercury.