1. Scope of application
1.1 If the customer (hereinafter referred to as ‘Customer’) is a consumer, our deliveries, services and offers are made exclusively based on these General Terms and Conditions for Consumers (hereinafter referred to as ‘Consumer GTC’). These are an integral part of all contracts that we conclude with our customers who are consumers regarding the goods offered by us via our online shop www.meyer-sports.com (hereinafter referred to as ‘online shop’) or in our showroom in DE-90552 Röthenbach.
1.2 A consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the German Civil Code – BGB).
1.3 Our sales staff is not authorized to enter into verbal agreements with the customer which amend or supplement these General Terms and Conditions.
1.4 The purchase contract is concluded with Meyer Marketing GmbH, Owner Yoko Schuster, Heinrich-Diehl-Str. 2, 90552 Röthenbach a. d. Pegnitz, Germany, Commercial Register: Amtsgericht Ansbach, HRB3267.
2. Right of revocation
2.1 Every customer who is a consumer in accordance with Section 1.2 has a right of revocation in accordance with the statutory provisions.
2.2 If the customer exercises his right of revocation as a consumer in accordance with section 2.1, he shall bear the regular costs of the return shipment.
2.3 Furthermore, the provisions set out in detail in the following revocation instruction shall apply to the right of revocation.
| – Revocation instruction – Right of revocation You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of revocation, you must inform us, Meyer Marketing GmbH, Heinrich-Diehl-Str. 2, 90552 Röthenbach a. d. Pegnitz, Germany, Fon: 0911-4807077, E-Mail: shop@meyer-sports.com, of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached Sample Revoke Form, but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of notification before the expiry of the revocation period. Consequences of revocation If you revoke 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 revoke 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 have to bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. |
2.4 We provide the following information about the Sample Revoke Form in accordance with the statutory provisions:
| Sample withdrawal form (If you wish to revoke the contract, please complete and return this form.) – To: Meyer Marketing GmbH, Heinrich-Diehl-Str. 2, 90552 Röthenbach a. d. Pegnitz, Germany, E-Mail: shop@meyer-sports.com: -I/We (*) hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*) -Ordered on (*)/received on (*) -Name of consumer(s) -Address of consumer(s) -Signature of consumer(s) (only if sent on paper) -Date __________ (*) Delete as appropriate |
3. Offer, ordering process and conclusion of contract
3.1 Offers and prices contained in brochures, adverts and other advertising material are subject to change and non-binding. In our showroom, the purchase contract is concluded by the customer’s offer and our acceptance of this offer.
3.2 Our offers in the online store are non-binding and do not constitute a legally binding offer, but merely an invitation to place an order.
3.3 To order an item in the online store, please proceed as follows:
3.4 The customer is bound to an order placed by him for five calendar days. We are entitled to accept the offer within this period. The time at which the customer receives our acceptance shall be decisive for compliance with the deadline. The purchase contract with the customer is only concluded upon our acceptance. The dispatch of the ordered goods shall also be deemed acceptance.
4. Prices and payment
4.1 The prices include the statutory value added tax.
4.2 Unless expressly agreed otherwise in writing, our prices apply to despatch ex our warehouse; we charge the amount calculated when the order is placed for postage and packaging. Customs duties and similar charges shall be borne by the customer.
4.3 Payments can only be made at our business premises or via our online payment options, which are listed in our online shop. Drivers and service employees in the field are not authorised to collect payments.
4.4 The customer may only offset his own claims against our claims or withhold services owed by him if his counterclaims are undisputed or have been recognised by declaratory judgement or are based on the same contractual relationship.
5. Delivery and delivery time
5.1 Unless a fixed deadline or a fixed date has been agreed in writing, our deliveries and services must be provided within a period of two weeks.
5.2 If we fail to meet an agreed delivery date, the customer must set us a reasonable period of grace, which may in no case be less than two weeks.
6. Dispatch
6.1 The goods shall be delivered by dispatch from our business premises or from our warehouse.
6.2 The shipping costs shall be borne by the customer. Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
7. Warranty and liability
7.1 In the event of defects in the delivered goods, the customer shall be entitled to the statutory rights, unless otherwise stipulated in Sections 7.2 to 7.4 for claims for damages.
7.2 Claims for damages by the customer due to obvious material defects in the delivered goods are excluded if he does not notify us of the defect within a period of two weeks after delivery of the goods.
7.3 Our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical of the contract.
7.4 The above limitation of liability shall not apply to our liability for intentional behaviour or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
8. Retention of title
We retain title to the delivered goods until the purchase price for these goods has been paid in full.
9. Applicable law and place of jurisdiction
9.1 The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), subject to mandatory international private law provisions.
9.2 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9.3 Both we and the customer may bring an action before any court having jurisdiction based on statutory provisions.
1. Scope of application
1.1 If the customer (hereinafter: Customer) is an entrepreneur in accordance with Section 1.2, our deliveries, services and offers are made exclusively based on these General Terms and Conditions for Entrepreneurs (hereinafter: Entrepreneur GTC). These are an integral part of all contracts that we conclude with our customers, who are entrepreneurs, for the goods offered by us via our online shop www.meyer-sports.com (hereinafter: online shop) or in our showroom in DE-90552 Röthenbach.
1.2 ‘Entrepreneur’ is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 of the German Civil Code – BGB) as well as legal entities under public law and special funds under public law. The customer confirms that he is an entrepreneur by registering and placing an order in the online shop.
1.3 The customer’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
1.4 The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online shop. If the customer places the order via our German-language website, only the German version of these Entrepreneur GTC shall apply. If the order is placed via our English-language website, the English version of these Entrepreneur GTC shall apply, whereby English-language legal terms shall always have the meaning of the respective German term. In this respect, the English version of these Entrepreneur GTC is a non-binding translation.
2. Conclusion of contract
2.1 Our offers in the online shop are non-binding and do not constitute a legally binding offer, but only an invitation to place an order.
2.2 By clicking on the ‘Order with obligation to pay’ button, the customer submits a binding offer to purchase the goods listed on the order page. We can accept the offer until the end of the fifth working day following the day of the offer.
2.3 We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer is only concluded upon our acceptance.
2.4 Offers and prices contained in brochures, adverts and other advertising material are subject to change and non-binding. In our showroom, the purchase contract is concluded by the customer’s offer and our acceptance of this offer.
2.5 The purchase contract is concluded with Meyer Marketing GmbH, Owner Yoko Schuster, Heinrich-Diehl-Str. 2, 90552 Röthenbach a. d. Pegnitz, Germany, Commercial Register: Amtsgericht Ansbach, HRB3267.
3. Prices and shipping costs
3.1 The prices stated on the product pages are for entrepreneurs excluding statutory VAT.
3.2 The statutory value added tax and shipping costs shall be borne by the customer and will be invoiced by us. Customs duties and similar charges shall be borne by the customer.
3.3 The customer has no right of set-off or retention unless the counterclaim is undisputed or has been recognized by declaratory judgement.
4. Payment and dispatch
4.1 Deadlines and dates specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed dispatch date has been agreed. If no deadline or date for dispatch is specified on the respective product page or otherwise agreed, dispatch within five working days shall be deemed to have been agreed.
4.2 All deadlines for the dispatch of the goods specified by us when the order is placed or otherwise agreed shall commence as soon as the payment process has been successfully completed via one of the online payment options listed in our online shop and the customer has clicked on the ‘Confirm purchase’ button.
All deadlines for the dispatch of the goods specified by us when the order is placed or otherwise agreed shall commence – unless otherwise agreed in writing – only upon receipt of full payment in the case of advance payment (e.g., bank transfer), or, in the case of agreed payment terms (e.g., “30 days net”), upon the customer clicking the “Confirm Purchase” button.
4.3 Only the day on which we hand over the goods to the shipping company shall be decisive for compliance with the dispatch date.
4.4 We are entitled to sell the goods at any time (even if they are marked as ‘in stock’ on the order form) if delivery is made against advance payment and payment is not received by us within a period of five working days after our acceptance of the offer. In this case, shipment will only take place within the agreed or specified period while stocks last. Payments received after the deadline will be refunded immediately in the event of a sale.
5. Shipping and transfer of risk
5.1 Unless expressly agreed otherwise, we shall determine the appropriate shipping method and transport company at our reasonable discretion.
5.2 We are only responsible for the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Any shipping time specified by us (the period between handover by us to the transport company and delivery to the customer) is therefore non-binding.
5.3 The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer upon delivery of the goods to the transport company.
5.4. The delivery clause EXW Meyer Marketing GmbH, Heinrich-Diehl-Str. 2, DE-90552 Röthenbach a. d. Pegnitz, Germany, Incoterms 2020 is agreed upon.
6. Retention of title
6.1 We retain title to the goods delivered by us until the purchase price (including VAT and shipping costs) for the goods in question has been paid in full.
6.2 The customer shall treat the goods subject to retention of title with care.
6.3 In the event of access by third parties – in particular bailiffs – to the goods subject to retention of title, the customer shall indicate our ownership and notify us immediately so that we can enforce our property rights.
6.4 In the event of default in payment, we shall be entitled to demand the return of the goods subject to retention of title if we have withdrawn from the contract.
7. Warranty
7.1 If the delivered goods are defective, we may choose between remedying the defect or delivering a defect-free item; however, this choice may only be made by notifying the customer in writing (including by fax or email) within five working days of receipt of the notification of the defect.
7.2 If the subsequent performance pursuant to clause 7.1 fails or is unreasonable for the customer or if we refuse to perform subsequently, the customer shall be entitled, in accordance with the applicable law, to withdraw from the purchase contract, reduce the purchase price or claim damages or reimbursement of his futile expenses. The special provisions of Section 8 of these Entrepreneur GTC shall also apply to the customer’s claims for damages.
7.3 The warranty period is twelve months from delivery.
7.4 The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us
(i) in the case of obvious defects within seven working days of delivery or
(ii) otherwise within seven working days of discovery of the defect.
8. Liability
8.1 Our liability for damages, regardless of the legal basis, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, is limited in accordance with this Section 8, insofar as fault is relevant in each case.
8.2 Our liability for delay in delivery is limited to an amount of 20% of the respective purchase price (including value added tax), except in cases of intent or gross negligence.
8.3 We shall not be liable in the event of simple negligence on the part of our organs, legal representatives, employees or other vicarious agents, unless this involves a breach of essential contractual obligations. Essential obligations are the obligation to ship the delivery item on time, its freedom from legal defects and material defects that impair its functionality or usability to a more than insignificant extent, as well as advisory, protective and custodial obligations, which are intended to enable the customer to use the delivery item in accordance with the contract or which are intended to protect the life and limb of the customer’s personnel or to protect the customer’s property from significant damage.
8.4 Insofar as we are liable for damages in accordance with Section 8.3, this liability shall be limited to damages that we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or that we should have foreseen if we had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item shall also only be eligible for compensation if such damage is typically to be expected when the delivery item is used for its intended purpose. The above provisions of this Section 8.4 shall not apply in the event of intentional or grossly negligent conduct on the part of members of our executive bodies or our senior executives.
8.5 The above exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of our company.
8.6 The above limitations of liability in Section 8 shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health, or under the Product Liability Act.
9. Final provisions
9.1 Insofar as the purchase contract or these Entrepreneur GTC contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these Entrepreneur GTC if they had been aware of the loophole.
9.2 The relationship between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding international private law and excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG / UN Sales Convention).
9.3 If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or if they have no general place of jurisdiction in the Federal Republic of Germany, the courts at the registered office of our company in Röthenbach an der Pegnitz shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction under statutory provisions.
