General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Duration of Contract and Termination of Contract for Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Meama GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 The subject of the contract can - depending on the product description of the seller - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.

 

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

 

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the "PayPal" payment service is selected, payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or installment payments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.5 If the payment method "SOFORT" is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If you select a payment method offered via the "SumUp" payment service, payment processing will be carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. To process payments, SumUp may use other payment services for which special payment conditions may apply, which the customer may be informed of separately. Further information on SumUp is available on the Internet at https://www.sumup.com/de-de/.

4.8 If you select the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer's order is sent in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, cancellation notices and shipments or credit notes.

4.9 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding returns, complaints, declarations of revocation and dispatch or credit notes.

4.10 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.11 If you select a payment method offered via the "Klarna" payment service, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the provisions set out in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are made available to the customer as follows:

• by email
  
• by post
  

6) Contract duration and termination of subscription contracts

6.1 Subscription contracts are concluded for an unlimited period, but at least for the minimum term shown in the respective product description in the seller's online shop. The subscription contract can be terminated during the minimum term with a notice period of one month to the end of the minimum term and after the expiry of the minimum term at any time with a notice period of one month.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties.

6.3 Terminations must be made in writing or in text form (e.g. by email).

 

7) Retention of title

If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2 The liability limitations and shortening of deadlines set out above do not apply

to the customer's claims for damages and reimbursement of expenses,
in the event that the seller has fraudulently concealed the defect,
to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the customer is acting as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Multiple gift vouchers can also be redeemed in one order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

9.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

9.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

10) Applicable law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

13.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.