Conditions


  • General Terms and Conditions (GTC) and consumer information

    1. Validity of the conditions

    1.1 Distance selling contracts with Ms. Sandra Brix via the online shop www.melavastra.com are based on these General Terms and Conditions in the version valid at the time of the order. The purchasing conditions you use when placing the order are hereby rejected unless we agree otherwise with you.

    1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.

    1.3 A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relations and who act in the exercise of a commercial or independent professional activity.

    1. Conclusion of contract

    2.1 Our offers for distance selling do not constitute a binding offer, but rather a non-binding invitation to you to order goods from us via an online process. When ordering online via the virtual shopping cart, you submit a binding contractual offer for the items that you previously placed in the shopping cart during the electronic ordering process by clicking on the order button on the final order page. After we receive your order, we will immediately confirm it by email or fax, listing the details of the order and containing the contract information/terms and conditions (order confirmation). The order confirmation does not constitute acceptance of your online offer.

    2.2 A purchase contract, i.e. the binding acceptance of your order, is only concluded when we receive acceptance of your order in text form (order confirmation by letter, fax or email), a payment request from us after your order or delivery of the goods to you and receipt by you. The above variant, whichever occurs first, is decisive. In this respect, we are entitled to accept your contract offer within 3 working days of receipt of your order. If we do not accept your contract offer, you are no longer bound by your declaration of intent. If in the latter case you have already made payment, we will of course refund it to you.

    2.3 If we offer "PayPal Express" as a payment method during the ordering process and you select this, by clicking the order button you are simultaneously issuing a payment order to the payment service provider PayPal (Europe) S.à rl & Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, in deviation from section 2.2, we hereby declare that we accept your offer when you click the order button. To use PayPal Express, you need a PayPal account to which PayPal's terms and conditions apply. You can view the latter at the following link: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE

    1. Information about the contract

    3.1 We do not save the contract text and do not otherwise make it available to you after the contract has been concluded. After you place your order, we will send you an order confirmation along with these General Terms and Conditions and consumer information by email, fax or letter. The print function in your browser also gives you the option of printing out the order data and contract text while you are placing your order.

    3.2 You have the option of correcting any input errors that have crept in while completing the order before finally submitting your order in a summary using the appropriate commands on the keyboard or by clicking the mouse. All entries can also be corrected before submitting the order using the back button on your browser.

    3.3 The contract is concluded in German with the company:

    Sandra Brix

    Ringstr. 196a

    22145 Hamburg

    3.4 We are not subject to any particular code of conduct (rules).

    3.5 Since the conclusion of the contract and further order processing with you takes place by email (e.g. order confirmation), you are obliged to ensure that the email address you provide for order processing is activated so that emails sent to you for order processing are received. In particular, when using spam filters, you must ensure that the order confirmation, as well as all other emails sent to you for order processing, can be delivered to you. In the course of order processing, we may pass on your email address to the shipping company for the purpose of delivery notification.

    1. Right of withdrawal

    Consumers generally have a right of withdrawal. Our instructions on the right of withdrawal for consumers can be found on the special page Cancellation policy/Cancellation form.

    1. Prices, shipping costs, delay in acceptance

    5.1 All prices quoted are total prices in euros (EUR). Due to the small business status according to Section 19 of the German VAT Act, no sales tax is shown. No cash discount is granted. The amount of the costs for packaging and shipping can be found on the “Delivery, Shipping, Payment” website or a corresponding information page.

    5.2 If delivery to the address you provided is not possible, e.g. because the address was incorrect, we may charge you for the costs of unsuccessful delivery. This does not apply in cases where you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting the delivery.

    5.5 For cross-border deliveries outside the European Community (e.g. to Switzerland), additional costs may be incurred in accordance with the applicable legal regulations, such as additional taxes and/or duties, for example in the form of customs duties. These costs are not additional shipping costs, so you must bear them. Please check with the relevant customs authorities in your country before ordering abroad.

    1. Payment terms

    6.1 The payment methods and payment conditions we accept can be found on the respective websites of the offer.

    6.2 If we agree with you to pay in advance, payment is due immediately after conclusion of the contract.

    6.3 If you choose a payment method from PayPal or (if offered) PayPal Express, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the respective PayPal terms of use. The latter can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you do not have a PayPal account and choose a payment method from PayPal, payment processing will be carried out in accordance with the PayPal terms and conditions for payments without a PayPal account, which you can view at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

    6.4 If you choose one of the payment methods offered via the payment service "Shopify Payments", the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify will be communicated to you in our online shop. We would like to point out that Shopify may use other payment services to process payments, for which special payment conditions may apply. However, you may be informed of this separately during the ordering process. Further information on "Shopify Payments" can be found at https://www.shopify.de/payments.

    1. Delivery, delivery restrictions, delivery times, transfer of risk

    7.1 We deliver to the delivery countries specified by us using a transport company of our choice. We use the delivery address you provided when ordering. We will inform you about delivery conditions, delivery times and delivery restrictions on the website of the offer.

    7.2 If you are a consumer, we always bear the shipping risk regardless of the shipping method. If you are a business owner, all risks and dangers of shipping are transferred to you as soon as we have handed over the goods to the commissioned transport company.

    1. Reservation of self-supply

    We reserve the right not to deliver the goods if they are unavailable or, if this is reasonable for you with appropriate justification, to only deliver them in part (reservation of self-supply). In both cases, we will inform you immediately that the ordered goods are not available and that any consideration already paid by you will be refunded immediately. The reservation of self-supply only applies if we have concluded a specific hedging transaction in good time and are not responsible for the lack of availability or if we ourselves have been let down by our supplier through no fault of our own. Any further legal claims on your part remain unaffected.

    1. Inspection of delivery, complaints, defects

    9.1 An outgoing goods inspection is always carried out before the goods are delivered, but in your own interest we recommend that you check the delivered goods upon receipt. If you notice any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the next steps with you.

    9.2 If you notice any packaging and/or transport damage upon delivery, we ask you to have this confirmed in writing by the carrier upon delivery and to notify us. We will then coordinate the further procedure with you. We recommend that you keep the damaged packaging for evidence purposes if possible.

    9.3 If you do not comply with the provisions in the previous two paragraphs, this will have no effect on the liability rights to which you are entitled.

    9.4 If, in the course of business, the contracting parties are engaged in a commercial transaction within the meaning of the German Commercial Code (HGB), the commercial obligation to give notice of defects pursuant to Section 377 HGB applies.

    1. Retention of title

    The goods remain our property until you have paid for them in full.

    1. Liability for defects (warranty), liability

    11.1 The statutory liability law and the statutory liability law apply with the following provisions:

    11.2 The liability period for defects in new items is 24 months for consumers and 12 months for businesses. For used items, the liability period for defects is 12 months for consumers and 12 months for businesses. The liability period for defects in used items is excluded for businesses. The statutory limitation periods for asserting claims for liability for defects remain unaffected.

    11.3 Claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have given that the item will retain a certain quality for a certain period of time (durability guarantee) are excluded from the above regulation. Also excluded are claims for damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health. Also excluded are claims for damages in the event of intentional or grossly negligent breach of duty, as well as in the event of fraud and in the event of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you as a contractual partner can regularly rely (cardinal obligations). Finally, the exclusion does not apply if the Product Liability Act is applicable.

    1. Cancellation of the contract

    12.1 We are entitled to withdraw from the contract, even with regard to an outstanding part of the delivery or service, if you have provided false information about your creditworthiness or objective reasons have arisen regarding your ability to pay or if we become aware of the opening of insolvency proceedings against your assets or the dismissal of such proceedings due to a lack of assets to cover costs. Before withdrawing, you will be given the opportunity to make an advance payment or provide suitable security.

    12.2 Without prejudice to any claims for damages, in the event of partial withdrawal, any partial services already provided shall be invoiced and paid by you in accordance with the contract.

    1. Severability clause, choice of law, jurisdiction agreement

    13.1 If the above provisions have not become part of the contract or are invalid in whole or in part, the remainder of the contract shall remain valid.

    13.2 The law of the Federal Republic of Germany applies to the contractual relationship and the respective terms and conditions. The UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer, the statutory provisions of the state of your habitual residence under mandatory law remain unaffected by this choice of law clause.

    13.3. If you are a merchant within the meaning of the German Commercial Code (HGB), a corporation under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these General Terms and Conditions is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if your place of residence or your usual place of residence is not known to us at the time the action is brought. The right to sue you at another legal place of jurisdiction remains unaffected.

    1. Alternative dispute resolution

    We are not obliged and fundamentally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

    © HZ as of 16.01.2020