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Buy without risk. Our terms and conditions of business.
Here you will find important information on no-risk buying at MEO.
The general terms and conditions of business at MEO Vertriebs GmbH of 27 November 2006, hereinafter referred to as MEO.
§ 1 General information and scope
1.) The terms of business are applicable to all present and future business relationships.
2.) Consumers as used in the terms of business are natural persons with whom a business relationship is entered and to whom no commercial or independent business activity can be assigned. Companies as used in the terms of business are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who carry out commercial or independent professional activity. Wholesalers are companies to whom we grant separate wholesale access due to appropriate accreditation and order quantities; the terms for companies apply to them as appropriate. Customers as used in the terms of business can be either consumers or companies/ wholesalers.
3.) Any differing, conflicting, or supplementary general terms and conditions of business, even if known, do not form part of the agreement unless their effectiveness has been expressly approved in writing.
§ 2 Contract conclusion
1.) Our offers are subject to change. We reserve the right to make technical modifications and changes in shape, color, and/or weight within reasonable bounds.
2.) By placing an order, the customer makes a binding statement of his desire to purchase the goods ordered.
We are entitled to accept the binding offer implicit in the order within two weeks of receiving it.
3.) If the consumer orders the goods electronically, we will confirm receipt of the order without delay.
The confirmation of receipt to the customer does not of itself indicate binding acceptance of the order. However, the confirmation of receipt can be combined with a statement of acceptance.
Acceptance is made in writing or by delivering the goods to the customer. The customer is not legally entitled to delivery until we have made a binding acceptance.
4.) The conclusion of the contract is made conditional on a correct and timely delivery by our suppliers. This applies only if we are not responsible for non-delivery, especially in case a contract for congruent coverage is made with our supplier. The customer will be informed of the unavailability immediately. Payment will be returned immediately or an article of equivalent or higher value will be delivered. In case of non-approval, this may be returned at our expense.
5.) If the consumer orders the goods electronically, the text of the contract will be saved and sent to the customer by E-mail with these general terms and conditions of business on request.
§ 3 Reservation of ownership
1.) For contracts with consumers, we reserve the ownership of the goods until the complete payment of the purchase price. For contracts with companies, we reserve ownership of the goods until receipt of all payments arising from the business relationship with the company.
2.) The customer must handle the goods with care. If maintenance or inspections are necessary, the customer must have these carried out regularly at his expense.
3.) The customer must inform us immediately of any access to the goods by a third party, such as in case of seizure, as well as of any damage to or destruction of the goods. The customer must inform us immediately of any change in ownership of the goods or of his own change of residence.
4.) We are entitled, in case of breach of contract on the part of the customer, especially in case of delayed payment or breach of an obligation under items 3 or 4 of this provision, to cancel the contract and demand the return of the goods.
5.) The company is entitled to resell the purchased product in the course of proper business transactions. He now assigns to us all claims amounting to the final amount of the invoice that arise from the resale to a third party. We accept the assignment. After assignment, the company is entitled to collect the claim. We reserve the right to collect payment ourselves if the company does not duly fulfill its payment obligations and is in arrears with payment.
§ 4 Return and cancellation policy
1.) The consumer alone has a right to return and cancellation.
2.) He may cancel the order in writing (e.g. by letter, fax, or E-mail) or by returning the article without stating the reason within two weeks. The right to return can be implemented only by returning the article, or, if the article cannot be sent as a package, by making a return request; the date of dispatch is sufficient to comply with the allotted time period. The return request is to be addressed to: Meo Vertriebs GmbH, Ebbelicher Weg 70, 45701 Herten, E-Mail: info@meo-team.com.
3.) In case of cancellation, the consumer is also required to return the article, or, if the article cannot be sent as a package, to make it available for pick-up.
4.) The cost of returning the article is to be borne by the consumer if the article delivered is the same as ordered and the purchase price of the article to be returned does not exceed EUR 40.00, or in case of a higher price, the consumer has not yet made payment or the agreed-on partial payment at the time of cancellation. In all other cases, returning the article does not entail any costs for the consumer.
We would like to advise you that articles returned without sufficient postage result in significant additional costs. We therefore request that all packages have sufficient postage and that our transport packaging be used if possible. If you are not responsible for the cost of returns according to item 4, we will of course refund the expenses incurred to the bank or credit card account you indicate.
5.) We reserve the right to request payment for any deterioration of the article caused by proper use of the article. The consumer may examine the article carefully. Any loss of value that is caused by use of the article going beyond a mere examination with the result that the article can no longer be sold as new must be borne by the consumer. In case of extreme deterioration, this may result in charging the entire purchase price.
6.) The right to return and cancellation does not apply to custom-made articles or articles that, due to their nature (e.g. for reasons of hygiene), are not suited for return. Packs and sets may be returned only in their entirety. Please note that electronic media may be returned only in the original sealed condition.
§ 5 Payment
1.) The stated purchase price is binding [if applicable, for a limited time]. The applicable sales tax is included in the purchase price. For articles to be sent, a shipping and handling fee is added. No additional costs arise from the use of electronic ordering. Payment may be made by COD, pre-payment, or credit card.
2.) The customer agrees to pay the purchase price within 10 days of receipt of the goods. After this period, the customer will be in arrears of payment. During this period of arrears, the consumer must pay interest on the payment due amounting to 5% above the base interest rate. The company must pay interest on the payment due amounting to 8% above the base interest rate. In the case of companies, we reserve the right to assert and claim higher damages caused by delayed payment.
3.) The customer has a right to a deduction only if his counterclaims have been legally determined or recognized by us. The customer may exercise the right of retention only if his counterclaim stems from the same contractual relationship.
§ 6 Minimum sales / low-quantity surcharge for wholesalers
In order to allow our wholesale customers the benefit of commensurate price reductions, these apply to a minimum sale of € 500.00 (net) per order as agreed. If an order should fall short of this amount, we are entitled to charge a low-quantity surcharge of € 50.00 plus applicable VAT.
§ 7 Transfer of risk
1.) If the purchaser is a company, the risk of accidental loss or accidental deterioration of the goods is transferred to the purchaser at the time of delivery; in case of shipping at the time of delivery to the shipping agent or person or institution responsible for executing shipment.
2.) If the purchaser is the consumer, the risk of accidental loss or accidental damage of the purchased goods is transferred to the purchaser only when he takes possession.
If the purchaser fails to take delivery at the time offered, this results in transfer of the risk.
§ 8 Guarantees
1.) If the purchaser is a company, we may choose to rectify defects of articles by repair or replacement.
2.) If the purchaser is a consumer, he may first choose whether he wishes the defect to be rectified by repair or replacement. However, we are entitled to reject the kind of rectification requested if it would entail unreasonable costs and the other method of rectification would not entail a significant disadvantage for the consumer.
3.) If rectification is not possible, the customer may request, at his discretion, a price reduction or cancellation of the agreement. In case of only minor breaches of the agreement, especially for insignificant defects, the customer is not entitled to cancellation.
4.) Companies must notify us in writing of obvious defects within two weeks of receipt of the goods; thereafter, claims for guarantee are no longer valid. Notification must be sent within the period of two weeks. The company is responsible for providing proof of all conditions of claims, especially of the defect itself, the time it was determined, and the prompt notification of the defect. Consumers must inform us of obvious defects within two months of the date on which the defect was noticed. The date we receive notification is decisive. If the consumer does not notify us, rights under the guarantee expire two months after he determined the defect. This does not apply in case of fraudulent intent on the part of the seller. The consumer must prove the date the defect was determined. If the consumer was encouraged to make the purchase by unfounded claims made by the manufacturer, he must show that his decision to make the purchase was due to these claims. The consumer must prove any defects in used articles.
5.) If the customer decides to cancel the agreement following unsuccessful rectification of a defect, he shall be entitled to no further compensation due to the defect. If he chooses compensation following unsuccessful rectification, the article shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between purchase price and the value of the defective article. This does not apply if we have fraudulently caused the breach of contract.
6.) For companies, the guarantee is valid for one year after delivery of the goods. For consumers, the limitation period is two years after delivery. The limitation period for used articles is one year after delivery. This does not apply if the customer has failed to notify us of defects promptly (item 4 of this provision).
7.) If the purchaser is a company, the manufacturer’s description of the article is the only agreed basis for determining its quality. Public statements or advertising made by the manufacturer do not represent a statement of quality as per agreement.
8.) If the customer has received defective assembly instructions, we are only obligated to supply correct instructions and then, only if the defective instructions prevent assembly from being carried out correctly.
9.) The customer does not receive any guarantees in the legal sense from us. This does not apply to manufacturer guarantees.
§ 9 Limitation of liability
1.) In case of slight negligence, our liability is limited to the foreseeable, typical, immediate average damages for this kind of article. This also applies to slight negligence on the part of our legal representatives or agents. We are not liable to companies for slight negligence of insignificant contractual duties.
2.) The preceding limitations of liability do not affect the customer’s rights arising from product liability. Furthermore, the limitations of liability do not apply in case of injury, damage to health, or death of the customer if attributable to us.
§ 10 Copyrights and user agreements
1.) By purchasing or distributing MEO products, the customer does not acquire any own commercial user rights to the MEO logo or our brands that go beyond the legal provisions.
2.) In particular, the customer is not entitled, even partially, to copy, to use, or to allow the use of our product photos and/or product texts which were created at substantial expense to us.
3.) For this, we have separate user agreements available which we conclude with selected customers. Any breach of the prohibition on using materials will be prosecuted. In addition to other compensation, we reserve the right in particular to charge relevant licensing fees for unauthorized use.
§ 11 Privacy policy
1.) The customer and user has been informed at length of the kind, scope, location, and purpose of compiling, processing, and using the personal data required for placing orders, as well as of his right to refuse to allow use of his anonymized user profile for purposes of advertising, market research, and need-based organization of services (see "MEO Data protection information“)
2.) The customer expressly agrees to allow personal data to be compiled, processed, and used. He has the right to withdraw this permission at any time, effective in the future.
§ 12 Applicable law, venue, partial ineffectiveness
1.) This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Purchase Law.
2.) If the customer is a businessman, legal person of public law, or public sector special fund, the exclusive venue for all disputes arising from this agreement is our company seat, or Düsseldorf. The same applies if the customer has no venue in Germany or his address or usual residence are unknown at the time the complaint is filed.
3.) Should individual provisions of the agreement with the customer, including these general terms and conditions of business, be or become wholly or partially ineffective, the remaining provisions shall not be affected. The wholly or partially ineffective provision shall be replaced by a one whose economic effect closely approaches that of the ineffective provision.
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