Our general terms and conditions for online orders
- § 1 Scope & Vendor identification
- § 2 Conclusion of the contract
- § 3 Data protection
- § 4 Right of revocation
- § 5 Delivery of goods
- § 6 Payment terms, due date, retention of title
- § 7 Warranty
- § 8 Compensation for damages
- § 9 Applicable law, place of implementation, place of jurisdiction
- § 10 Others
§ 1 - Scope & Vendor identification
(1) For online orders via the website www.melou.de, exclusively, the following terms and conditions apply, stated by
Melou GmbH, Scheibenstr. 117, 48153 Münster; Deutschland
Managing Directors: Katharina Seiger und Christin Schmitz
Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
These terms of service have been drafted in both German and English language. In the event of questions regarding interpretation or disputes, the German version shall apply exclusively.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
(3) In all cases, it applies the version of the Terms and Conditions, which is the valid version of the General Terms and Conditions available at the time of the order.
(4) The price given on the Melou online shop at the time the order is placed is binding.
Special offers are exclusively limited to the special campaign. Special campaigns are always indicated as such and can be limited regarding time or quantity.
Details are given in the product description.
§ 2 - Conclusion of the contract
(1) The subject-matter of the contract is the selling of products. The online offers (Wishbracelet) are not binding and, therefore, no binding offers to conclude a contract.
(2) The binding purchase agreement takes place via the online shopping cart system as follows:
1) The products intended for purchase are moved to the "shopping cart" by clicking the button “add to chart”.
2) You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
4) If you have selected the instant payment system “PayPal – Express” integrated into the shop system, you will be forwarded to the Log-in web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.Before the order is sent, you can re-check all the data, change it or cancel the purchase transaction.
5) By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
The information regarding the date of contract you can find in the corresponding section of the Terms of Service. Regarding the selected payment methods via debit card, PayPal or Sofort., you will be forwarded to the corresponding service provider to complete the payment process.
(3) After completing your order, you will receive an e-mail, which confirms the receipt of the order (ordering confirmation). This confirmation does not provide an acceptance of your offer, but informs you that we have received it.
We accept the order and offer by sending an invoice (invoice for the order) within a period of 5 days.
We save the agreement text and send you the order details by e-mail. You can read and download our Terms of Service from this website at any time.
Being an unregistered user, your ordering details are no longer accessible via the internet, due to reasons of security and data protection.
§ 3 - Data protection
§ 4 - Right of revocation for consumers
(Consumers are entitled to a statutory right of revocation. A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Right of Revocation
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately.
In order to exercise your revocation right, you must inform us
of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post or e-mail).
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to
Melou GmbH Scheibenstr. 117 48513 Münster
The deadline is met if you send back the goods before the period of 14 days has expired.You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features, and functionality of the products.
Exclusion of the revocation right
The right of revocation does not exist, unless the parties have agreed otherwise, for contracts, for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer.
End of cancellation policy
§ 5 - Dispatch of Orders
(1) Melou GmbH delivers exclusively to delivery addresses within Germany, Austria, France, Spain, Italy, Luxemburg, the Netherlands and Belgium.
(2) We deliver shipments free of cost.
(3) Unless otherwise specified in the product description, domestic delivery of goods shall be made (Germany) within 3 workdays from receipt of the order.Order delivery is processed using services of DeutschePost (German post). Please note that no deliveries are made on Sundays and public holidays. If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
(4) German statutory holidays are not consistent across the federation and, therefore, service will vary between the counties in this respect. The above mentioned variations for statutory holidays only include holidays required by law in each county where subcontractors are involved in the fulfillment of the order.
(5) If there is a delay in the delivery, we will inform you on the invoice or by email.
(6) Should a product ordered by the customer, contrary to expectations, not be available we reserve the right not to deliver. In this case, we will inform you immediately and payments already made are immediately reimbursed.
§ 6 - Payment terms, due date, retention of title
(1) The purchase price is due with complete delivery.
(2) For deliveries in Germany, Austria, France, Spain, Italy, Luxemburg, the Netherlands and Belgium the following payment options are available:
- The payment method using a debit card is valid up to a limit of EUR 4.000,-. The credit card will be debited on the day of dispatch of goods.
- Payments using Sofort., PayPal and PayPal Express the account is debited by completion of the order at the online shop.
- Voucher-/Coupon codes cannot be combined and can only be redeemed once per customer. Upon full return or cancellation, the bonus of a non-purchased discount code expires.Price advantage promotions and customer discounts are only valid until revoked, in the case of temporary discount campaigns, the conditions of use stated in the respective promotion also apply. With discount campaigns the specified minimum purchase value applies. This refers to the value of the retained goods. If you cancel your order or return a product your voucher code is invalid.
(3) The goods remain property of the Melou GmbH until the purchase price is paid in full.
(4) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(5) The prices mentioned in the respective offers represent total prices. They include all the price components, including all the incidental taxes. In case of questions, please contact us at the contact details mentioned in the Legal Notice.
§ 7 - Warranty
(1) The product illustrations may differ from the appearance of the delivered products.
(2) If the delivered goods are incomplete or with defects in any way, we will try to complete or supplement the order within a reasonable period of time, either through further delivery or through elimination of the deficiency by other means. Place of fulfillment of the remedy is the registered office of the Melou GmbH. If your preferred method of rectification is only possible through disproportionately large expenditure on our part, we are entitled to rectify it through another method. The necessary costs for the fulfillment of the order will be borne by us. If a reasonable period of time has elapsed, and the order has still not been completed, you have the right to choose to cancel the sale contract or to a reduction in the price.
(3) Should you decide to cancel the contract, both sides are required to return all benefits and services received related to the contract and, if necessary, to inform the other party of any ways in which they have been used. If you cannot give back the service received in whole or in part or only in a deteriorated condition, you have to pay us compensation.However, this does not take into account the deterioration caused by the intended use.
(4) Claims for defects expire 2 years from the date of delivery of the goods.
(5) The statutory rights of the consumer under warranty / liability for defects apply.
§ 8 - Compensation for damages(1) Compensation for breach of an obligation under the contractual relationship is to be made under the legal conditions. The same applies to claims for damages based on the product liability law. All warnings must be observed: https://melou.de/pages/warnhinweise.
For a different application and / or handling no liability is accepted.
(2) The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 9 - Applicable law, place of implementation, place of jurisdiction
(1) The German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of fulfillment for all services from our existing business relationships is our registered office. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
§ 10 - Other terms
(1) The law of the Federal Republic of Germany applies. However, the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.4.1980 does not apply.
(2) Complains should be made to the address listed in §1.
(3) The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
Since 15 February 2016, the EU Commission provides a platform for extrajudicial dispute resolution. This gives consumers the opportunity of initially resolving disputes related to their online orders without involving a court. The dispute resolving platform can be accessed using the external link http://ec.europa.eu/consumers/odr/.
(4) Alternative dispute resolution in consumer matters (Verbraucherstreitbeilegungsgesetz - VSBG): Melou GmbH does not participate in dispute settlement proceedings before a consumer arbitration board.
(5) If any provision of these terms and conditions is deemed unlawful and / or invalid and thus unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these terms and conditions.