Terms and Conditions of Use

General Terms and Conditions of Business

 

Status: 15th of March 2021

1. Scope of application

 

1.1 The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between MeiCord and the customer. We do not recognise any terms and conditions of purchase of the customer that conflict with or deviate from our General Terms and Conditions of Business, even if we execute the order without objection in the knowledge of deviating terms and conditions. Current version: Internet www.meicord.de or on request. Product names and logos are the property of the manufacturer and may not be used without permission. Deviating conditions of the purchaser are not recognised.

 

1.2 Our information and offers with regard to product descriptions are subject to change. Misprints and errors excepted. In view of the continuous technical development and improvement of the products, we reserve the right to make changes in design and execution.

 

2 Conclusion of contract 2.1

The contract is concluded by MeiCord's acceptance of the customer's order. The confirmation takes place through the execution of the delivery of the order. In the case of orders placed via our online shop, the customer will receive a confirmation of receipt of the electronically placed order.

3. Right of revocation/cancellation instruction

 

3.1 You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our duties to provide information pursuant to Article 246, Paragraph 2 in conjunction with Paragraph 1, Paragraphs 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties pursuant to Paragraph 312g, Paragraph 1, Sentence 1 BGB in conjunction with Article 246, Paragraph 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

 

MeiCord, Egerstraße 7A, 26127 Oldenburg,
e-mail: info(at)meicord.de.

 

3.2 In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the goods and for benefits derived if the benefits or the deterioration is due to handling of the goods that goes beyond the examination of the characteristics and the mode of operation. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. The seller shall bear the costs of the return shipment, but not more than the shipping costs paid by the recipient at the time of purchase. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the goods, for us with their receipt.

 

4 Prices

 

4.1 The prices at the time of the order shall apply to the delivery. The prices shown in the catalogue or in the online shop include the statutory VAT. In the event of an increase in VAT, MeiCord is obliged to charge the then valid VAT rate.

 

4.2 In addition to the individual net price/total net price, the invoices will list the other ancillary costs (packaging/shipping). We ship packages up to a weight of 10 kg. A flat shipping fee of € 5.50 will be charged for this. If the order exceeds 10 kg, we will contact you personally.

 

4.3 You can find the current prices at www.meicord.de.

 

4.4 Shipments abroad will be charged according to expenditure. A delivery with direct debit to foreign countries is not possible.

 

5 Terms of payment

 

5.1 Advance payment, invoice We only deliver to end consumers by advance payment. The customer undertakes to pay the invoice amount within 14 days of receipt of the goods. For dealers, the provisions according to the dealer guidelines apply.

 

5.2 Default of payment If you are in default with your payments, we reserve the right to charge you default interest of 8% on the value of the goods. Furthermore, we are entitled to refuse all deliveries then still outstanding. We shall not be liable for any damages resulting from such non-delivery. 6. Ability to deliver/replacement delivery/partial delivery

 

6.1 Delivery shall be made by sending the articles to the address notified by the buyer, subject to correct and timely delivery and that we are not responsible for the lack of availability. Compensation for damages, even in the case of late and incomplete delivery, is excluded, unless gross negligence is involved. In the event of non-availability of the goods, we will notify you immediately and announce the approximate delivery date. If a product is no longer available or cannot be delivered for legal reasons, MeiCord is entitled to withdraw from the contract.

 

6.2 Partial deliveries are independent deliveries. The customer is not entitled to reject these.

 

6.3 The costs for shipping and packaging are to be borne by the customer, subject to change. For deliveries abroad, unless otherwise stated, the price for packaging and shipping shall be calculated separately according to weight. If the buyer requests a special type of shipment which incurs higher costs, he shall also bear these additional costs. In the case of subsequent deliveries due to delivery problems, the buyer shall only be charged once for shipping and packaging.

 

6.4 Transport damage: In the event of visible transport damage, it is possible to refuse acceptance of the consignment. However, if the customer only notices the damage after receipt or if there is concealed transport damage (packaging OK/contents defective), please contact the post office/agency responsible for you within 3 working days of receipt so that a record of the damaged consignment can be drawn up. Please then provide us with the completed form together with the damaged goods so that a replacement delivery can be made.

 

7. Retention of title

 

7.1 The goods remain the property of MeiCord, Egerstraße 7a, 26127 Oldenburg until full payment has been received.

 

8. Warranty

 

8.1 We guarantee that the delivery items are free of material defects according to the respective state of the art, i.e. that they are suitable for the intended uses or for normal use and that they have a quality which is usual for items of the same type.

 

8.2 The customer is obliged to check the goods for completeness and any defects upon receipt. In the event of defects, a notice of defect must be sent to us immediately. The duration of the warranty is 24 months from receipt of the goods by the customer in accordance with the statutory regulations.

 

8.3 MeiCord does not assume any warranty for damages and defects resulting from improper use, storage, operation, faulty or negligent handling. Likewise, any warranty will expire if the customer has modified the goods or carries out interventions or repairs independently.

 

8.4 Insofar as there is a defect in the item for which we are responsible, the customer may, in accordance with section 439 of the German Civil Code, at his discretion demand the rectification of the defect or demand the delivery of an item free of defects. MeiCord can refuse the chosen type of supplementary performance if this is only possible at disproportionate cost.

 

8.5 The customer is obliged to return the claimed item to us with the associated proof of purchase and a description of the fault that is as accurate as possible. In the event of an unjustified complaint, we reserve the right to charge an expense allowance for the inspection measures carried out. The amount depends on the expenditure, but is at least € 15.

 

9 Liability

 

9.1 In case of data loss MeiCord cannot be held liable. The customer is responsible for the backup of his data.

 

9.2 Claims for damages due to defects of the goods are excluded, unless MeiCord has fraudulently concealed the defects or has given a guarantee for the quality of the goods or has culpably caused damage to life, health or body.

 

9.3 Unless expressly agreed, liability claims exceeding the legal framework - irrespective of the legal grounds - are excluded. The above exemption from liability shall not apply if the damage is due to intent, fraudulent misrepresentation or gross negligence.

 

9.4 The scope of liability under the Product Liability Act is not affected by this.

 

9.5 The aforementioned regulations reflect the complete scope of liability of MeiCord, the management and their employees. Any further liability is excluded.

 

10. Data protection

 

10.1 All personal data required for the execution of the order will be stored in machine-readable form and treated confidentially. The data necessary for the processing of an order, such as name and address, shall be passed on to the companies commissioned with the delivery of the object of purchase within the framework of the execution of the delivery.

 

10.2 The customer is entitled to object to the use of his address data for advertising purposes on our part. The data will not be passed on to third parties for commercial purposes.

 

11 Miscellaneous

 

11.1 The place of performance for all mutual services owed under the contract is Oldenburg/Old.

 

11.2 Orders submitted more than once - for whatever reason - must be clearly marked, as otherwise the services could be performed repeatedly. In such cases, no costs shall be borne by us.

 

12 Severability clause

 

12.1 Should individual provisions of these General Terms and Conditions not be legally effective in whole or in part, the validity of these General Terms and Conditions shall not be affected thereby.

 

13 Applicable law and place of jurisdiction

 

13.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

13.2 The exclusive place of jurisdiction is Oldenburg or another statutory place of jurisdiction at the discretion of MeiCord, insofar as the customer is a merchant within the meaning of the HGB or a public corporation