Myeisha Deutschland Vertriebs UG
Alte Dorfstraße 26
Tel: +264 81 202 8916
(hereinafter referred to as “Seller”)
- Scope of Application
- The sss shall provide the services offered in the online store under the above URL exclusively on the basis of the following Terms and Conditions in the version in effect at the time the order is placed
- Our General Terms and Conditions shall apply exclusively. GTC of the Buyer that deviate from our General Terms and Conditions shall not be effective unless with expressly consent to them.
- Execution of the Agreement
- The products and services we offer online are non-binding offers made to our customers to purchase our merchandise. By sending the purchase order (click on the button “Buy Now”) on our website, the Buyer submits a binding offer to enter into an Agreement.
- The confirmation of receipt of the order shall be sent immediately after the purchase order has been submitted and principally does not result in the acceptance of the offer to enter into an Agreement yet. We may declare acceptance within five days by sending a written order confirmation or a text format order confirmation (via fax or e-mail), whereby the receipt time of the order confirmation at Buyer’s end shall be the determining factor. We may also ship the ordered goods, in which case the receipt of the goods by you shall be the determining factor. Alternatively, upon placement of the purchase order, we may ask you to pay (e.g. if payment via PayPal has been agreed upon). If multiple of the aforementioned alternatives exist, the Agreement shall be executed at the time the first of the aforementioned alternatives occurs. If we do not declare acceptance within the aforementioned period of time, this shall constitute the rejection of an order, which shall result in the Buyer no longer being bound by Buyer’s declaration of consent.
- When making an offer via the order form of the Seller, the contract copy shall be archived by the Seller and sent to the Buyer upon submission of Buyer’s order along with these GTC in text format (e.g. e-mail, fax or letter). In addition, the contract copy shall be archived on the Seller’s website.
- Prior to the binding submission of the purchase order via the online order form of the Seller, Buyer may correct any entries made using the standard keyboard and mouse functions. Furthermore, prior to the binding submission of the purchase order, all entries will once again be displayed in a confirmation window, where they can be corrected using the standard keyboard and mouse functions.
- The only languages available for the making of Agreements are the German and the English language.
- Right to Rescind
Consumers principally have the right to rescind their orders. For more information about your right to rescind, please consult our Disclosures Concerning the Right to Rescind. The right to rescind does not apply to consumers who are not residents of a member state of the European Union at the time they enter into the Agreement and whose sole place of residence and delivery address is outside of the European Union at the time they enter into the Agreement.
- Payment Default
- The prices listed on our website at the time the order is placed shall apply. All prices include applicable value added tax and are subject to the addition of the shipping expenses listed on the site.
- Customers may pay for their purchases using PayPal. If the Buyer chooses payment mode “PayPal,” the payment shall be processed via payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to PayPal’s Terms and Conditions of Use, which may be reviewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
- If the Buyer should be in default of payment, we shall have the right to charge late payment interest in the amount of five percentage points above the prime rate of the European Central Bank. In the event that we should claim additional damages due to default, the Buyer shall have the option to document that the claimed damages caused by the default were not incurred or were lower than claimed.
- Title Retention
- In business transactions with consumers, Seller reserves the right to retain title to the delivered goods until the owed purchase price has been paid in full.
- In business transactions with companies, Seller reserves the right to retain title to the delivered goods until all accounts receivable from an ongoing business relationship have been paid in full.
- If the Buyer shall assume the role of an entrepreneur, Buyer shall have the right to resell the title retention goods as part of Buyer’s proper business operations. Buyer herewith assigns to Seller any and all accounts receivable generated from such sales against third parties in the amount of the respective invoice value (including sales tax). This assignment shall be in effect regardless of whether the title retention goods were sold after having been processed or in their original conditions. The Buyer shall retain the right to collect the accounts receivable for such sales even after the assignment. This shall be without prejudice to Seller’s right to collect the accounts receivable directly. However, the Seller shall not collect such accounts receivable as long as the Buyer meets any payment obligations to the Seller, is not in default of payment and has not become the target of an application for the initiation of insolvency proceedings.
- The goods shall principally be shipped within 10 – 21 business days after the Buyer has paid for the goods. Any deviating delivery times will be announced on the respective product page. The start of the delivery time quoted by us shall be contingent upon the timely and proper fulfillment of Buyer’s obligations; in particular the provision of a correct delivery address in the purchase order.
- In the event that for reasons Seller is not responsible for, Seller should be unable to deliver the ordered goods because Seller’s vendor has not met vendor’s obligations, the Buyer shall be promptly notified that the ordered goods are not available. Any payments already made by the Buyer shall be promptly reimbursed. This shall be without prejudice to Buyer’s statutory rights.
- In transactions with companies, the risk of decline or loss of the goods shall transfer to Buyer upon hand-over of the item to be delivered to the transportation company. If the handover or shipment should be delayed for reasons the Buyer is responsible for, the risk shall transfer to Buyer on the day notice of readiness for shipment of the delivery item is sent to Buyer.
- Default of Acceptance
- If Buyer should be in default of acceptance or if Buyer should culpably breach any other participation obligations, Seller shall have the right to demand compensation for any resulting damages, including any additional expenses incurred. This shall be without prejudice to the claiming of further entitlements. This shall not apply if the Buyer is effectively exercising the right to rescind; if the Buyer is not responsible for the circumstance that led to the impossibility of delivery or if Buyer was temporarily prevented from accepting the offered services, unless the Seller has announced the service a reasonable time in advance.
- During times of default, the purchase price shall accrue interest. The late payment interest rate per annum shall be five percentage points above the prime rate. In the event of legal transactions between companies, the interest rate shall be nine percent above the prime rate.
- The Buyer, on the other hand, shall have the right to document that damages in the amount claimed were not incurred or that they were, at a minimum, considerably less. The risk of accidental loss or accidental decline of the purchased item shall transfer to the Buyer at the time the Buyer is rendered in default of acceptance of debtor delay.
If the purchased item should be deficient, the statutory product liability provisions shall apply. The following shall apply in deviation from the former:
- With regard to entrepreneurs
- An insignificant defect shall principally not establish grounds for deficiency claims;
- The Seller shall have the option to choose the type of remedial action to be taken;
- The statute of limitations for new goods shall be one year as of the date of risk transfer in the event of deficiencies;
- The rights and claims based on deficiencies shall be principally excluded for preowned
- The statute of limitations period shall not restart if replacement deliveries are made in conjunction with the assumption of liability for deficiencies.
- For used goods, the statute of limitations for consumers shall be one year as of the date of delivery of the goods to the Buyer, subject to the restrictions set forth in the next section.
- The above limitations of liability and abbreviated statutes of limitations shall not apply
- To damages arising from the loss of life, personal injury or health damages resulting from an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a statutory representative or agent of the Seller,
- To any other damages resulting from an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a statutory representative or agent of the Seller, as well as
- In the event that the Seller maliciously failed to disclose the deficiency.
- Moreover, as far as entrepreneurs are concerned, the above shall be without prejudice to the statutory statutes of limitation for the entitlement to subrogate pursuant to § 478 BGB (German Civil Code).
- If the Buyer should assume the role of a professional merchant as defined in § 1 HGB (German Commercial Code), Buyer shall be subject to the commercial obligation to examine and complain pursuant to § 377 HGB. If Buyer should fail to meet the reporting obligations set forth therein, the goods shall be deemed approved.
- If the Buyer should assume the role of a consumer, Buyer is asked to file claims for goods delivered with obvious transportation damages with the delivery company and to notify the Seller accordingly. If Buyer should fail to comply with this request, this shall not have any impact on Buyer’s statutory or contractual entitlements due to deficiencies.
- The Seller shall assume liability vis-à-vis the Buyer for all contractual, contract-like, statutory as well as tort based entitlements to compensation for damages and expenses as follows:
- For all legal grounds, Seller shall assume unlimited liability in the event of acts of intent or gross neglect, in the event of intentional or negligent injury to life, personal injury or health damages; for any promised warranties unless otherwise agreed upon or in the event of mandatory liability, for instance pursuant to the Product Liability Act.
- If the Seller should negligently breach any cardinal contractual obligation, liability shall be limited to the contract typical, foreseeable damages, unless unlimited liability applies pursuant to the aforementioned Section. Cardinal contractual obligations are obligations the Agreement imposes on the Seller based on its content to attain the purpose of the Agreement, the fulfilment of which the proper performance of the Agreement hinges upon and into the compliance with which the Buyer can generally rely.
- Any other liability of the Seller shall be excluded.
- The aforementioned liability provisions shall also apply with regard to Seller’s liability for Seller’s agents and statutory representatives.
- The Buyer shall indemnify the Seller against any third party claims – including the statutory costs of legal defense – that are filed against the Seller due to illegal or contract breaching acts of the Buyer.
- Data Privacy
We shall handle your personal data as confidential and in compliance with the statutory data protection regulations. Any sharing of your data in the absence of your express consent shall not occur or, if at all, only within the scope necessary to process the Agreement, for instance with the companies entrusted with the delivery of the goods. Fore more details, please consult our Data Protection Declaration. Data Protection Declaration.
- Final Provisions
- All business transactions shall be governed by the laws of the Federal Republic of Germany subject to the exclusion of the UN Convention on the International Sale of Goods, provided this choice of governing law does not result in a consumer being withdrawn from the mandatory consumer protection standards.
- If the Buyer should be a commercial merchant, legal entity under public law or a public law based special entity, the court at our domicile shall have jurisdiction unless an exclusive place of jurisdiction has been established for the litigation matter. This shall also apply if the Buyer does not have a residence within the European Union. The domicile of our Company may be derived from the heading of these GTC.
- If any of the provisions of this Agreement should be or become ineffective or unenforceable, the remaining provisions of this Agreement shall remain in full effect.
- Information Concerning Online Arbitration / Consumer Arbitration
On the Internet, the EU Commission makes available a platform for the online resolution of disputes under the following link https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchases or service agreement involving a consumer. The Seller is neither willing nor under any obligation to participate in a consumer arbitration proceeding pursuant to VSBG.
For our e-mail address, please see the heading of these T&C’s.