1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Melanie Hausmann, acting under "Made by MelBel" (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") Seller in his online shop and / or services. This is without prejudice to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 In the case of contracts for the delivery of vouchers, the General Terms and Conditions of Business apply accordingly, unless otherwise expressly provided otherwise.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is a legal person in the exercise of his commercial or independent professional activity.
2.1 The product descriptions contained in the seller's online shop do not constitute a binding offer by the seller, but serve as a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and completing the electronic ordering process, the customer will, by clicking the button closing the ordering process, issue a legally binding contract offer with respect to the goods and / or services contained in the shopping basket . Furthermore, the customer may also submit the offer by telephone, e-mail or postal service to the seller.
2.3 The seller can accept the offer of the customer within five days,
- (Fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- By delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- By requesting the customer for payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account, indicating the corresponding login data, if the customer has created a customer account in the seller's online shop before sending his order.
2.6 Prior to binding the order via the seller's online order form, the customer can correct his / her input continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the order processing department can be sent.
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instruction.
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices. According to § 19 UStG, we do not charge VAT and do not rule them out (small business status). If applicable additional shipping and shipping costs are indicated separately in the respective product description.
4.2 Various payment options are available to the customer, which are stated in the seller's online shop.
4.3 If prepayment has been agreed, the payment is due immediately after conclusion of the contract.
5.1 The goods shall be delivered by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 If the transport company returns the delivered goods to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, The performance had announced a reasonable time before.
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7.1 If the purchase item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr . This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
1.1 If the customer submits his own motive or influences the product (text personalization), the customer assures Made by MelBel that the text and the motive are free of third party rights. Any infringement of copyrights, personal rights or name rights shall be fully borne by the customer in this case. The customer also assures that he does not violate any other rights of third parties due to the individualization of the product.
1.2 The customer shall indemnify Made by MelBel from all claims and claims asserted for infringement of such rights of third parties, as far as the customer is responsible for the breach of duty. The customer will reimburse Made by MelBel for all costs of defense and other damages.