General Conditions of Business of MELLERUD CHEMIE GmbH
MELLERUD CHEMIE GmbH
41379 Brüggen / Niederrhein
Tel: +49 (0) 2163 – 950 90-0
Fax: +49 (0) 2163 – 950 90-120
Managing Director with powers of representation: Udo Bernard, Marcus Roth
VAT identification No.: DE 119 108 942
1) Object of the General Conditions of Business
The object of these General Conditions of Business is to regulate the contractual terms for all agreements concluded via the online shop with MELLERUD CHEMIE GmbH (“the Supplier”) and customers visiting the online shop (“the Customer”). The latest version of the General Conditions of Business in effect when concluding the Agreement shall apply.
2) Concluding the Agreement
The offers in the online shops shall be non-binding. When sending the purchase form, the Customer is formally stating to the Supplier his intention to purchase the contents of the trolley. The Agreement shall only be concluded following confirmation by the Supplier. The automatic e-mail confirmation that the customer receives when placing the online order shall be confirmation of access to the order on the server and not a confirmation of order.
3) Obligation to inform
The Customer shall be obliged to provide truthful information when placing an order. As far as any Customer information needed for the order have been changed, in particular, name, e-mail address, telephone number, bank details, etc., the Customer shall be obliged to inform the Supplier of this without delay. If the Customer fails to provide this information or if he provides false details from the start, in particular, a false e-mail address, the Supplier shall be entitled to withdraw from any Agreement that has been concluded. The withdrawal shall be notified in writing. The written form shall also include sending an e-mail. Immediately after sending the order form, the Supplier shall send the Customer an e-mail with the details of the Customer’s order to the e-mail address stated.
The Customer shall be obliged to inform the Supplier without delay at shop(at)mellerud(dot)de if this e-mail has not reached him within four hours of concluding the Agreement.
The Customer shall ensure that the e-mail account he has provided shall be reachable from the point when it is provided and that there is no chance that e-mail messages shall not be received due to their being passed on, closed or the inbox being full.
The details shall be presumed incorrect if an e-mail addressed to the Customer returns three times or the service cannot be provided due to the incorrect address.
4) Right of withdrawal
You may, within fourteen days, declare your withdrawal from the Agreement without stating the reasons.
The withdrawal period shall be fourteen days from the day on which you or a third party indicated by you, who is not the carrier, has/have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (MELLERUD CHEMIE GmbH, represented by its Managing Director: Udo Bernard, Bernhard-Röttgen-Waldweg 20, in 41379 Brüggen / Niederrhein, Tel.. +49 (0) 2163 – 950 90-0, Fax: +49 (0) 2163 – 950 90-120, e-mail: firstname.lastname@example.org) through an unequivocal declaration (e.g. a letter sent by post, fax or e-mail) regarding your decision to withdraw from this Agreement. You may use the model withdrawal form attached to the consignment for this, which is however not compulsory.
The withdrawal period shall be observed if you send the notification regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from the Agreement, we must pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that arise from the fact that you have chosen a different type of delivery than the most economical standard delivery offered by us) without delay and no later than fourteen days from the day on which the notification regarding your withdrawal from this Agreement is received by us. For this repayment, we use the same payment method that you have used in the original transaction, unless explicitly agreed with you otherwise; you will not be charged a fee for this repayment under any circumstances. We may refuse the repayment until we have received the goods back again or until you have provided documented evidence that you have sent back the goods, depending on what is the earlier point in time.
You must send back or hand over the goods without delay and in any case no later than within fourteen days from the day on which you notify us of your withdrawal from this Agreement. The period is observed when you send the goods before the expiry of the period of fourteen days. You bear the direct costs of sending back the goods.
You are only obliged to compensate us for any loss of value of the goods when this loss of value is attributable to handling other than that necessary to check the nature, properties and functioning of the goods.
End of the revocation notice
The Supplier shall only deliver within Germany. The order shall be processed with the Supplier without delay following receipt but only during normal business hours.
The consignment shall be despatched to the Customer as quickly as possible as far as no other agreements have been made. The Customer shall be considered in default in accepting the service if he cannot be reached at the address he provided.
The Customer shall bear the costs of any storage in the event of delay in acceptance by the Customer or if the delivery is delayed for other reasons attributed to the Customer. The Supplier shall be entitled to place the goods into storage with third parties. The possibility of claiming more compensation shall remain open. The Customer shall reimburse the Supplier for any additional costs due to transport and storage. The Supplier shall no longer be required to provide the promised delivery or storage and may withdraw from the Agreement if the Customer was not available on two successive occasions despite written appointment. The Customer may withdraw from the Agreement if the Supplier fails to provide the promised service at the agreed time.
The Supplier shall reserve the right to provide goods (or services) of the same value in case of non-availability of the contractual goods. The Supplier may withdraw from the Agreement and no longer be required to provide the contractually agreed service if the provision of services of the same price and quality is not possible. The Supplier shall in such case be obliged to inform the Customer as to the non-availability and if necessary to reimburse the Customer for any payment already made.
The purchase price or compensation shall be payable immediately unless agreed otherwise and shall be paid by the Supplier free of costs and charges. The Customer shall only be entitled to offsetting if its counterclaims have been confirmed or recognized by the Supplier. The Customer may only exercise retention of goods if his counterclaim is based on the same contractual relationship.
7) Packaging and dispatch costs
The Supplier shall bear the costs of packaging. Dispatch costs shall only apply if goods are delivered. Unless agreed otherwise, the following shall apply: No dispatch costs shall be charged if the total value of the order exceeds 40 euros including value added tax. The Supplier shall only deliver within Germany.
8) Reservation of property rights
The goods delivered shall remain the property of the Supplier until full payment by the Supplier, irrespective of the cancellation period.
All goods offered by us are subject to the statutory warranty provisions.
10) Data storage
In accordance with article 28 of the Data Protection Act (BDSG), we would like to point out that the details needed to complete the transaction are processed and stored via EDP unit according to article 33 (BDSG). Personal details shall of course be treated in confidence. In this shop, information regarding your customer details shall only stored in the cookies if you so wish and which can then be accessed on subsequent visits. Data stored in a cookie make your repeated filling out forms unnecessary. You can administer the acceptance of cookies from this site in your browser and block them if necessary.
We also refer to our data protection declaration.
11) Place of jurisdiction
Place of jurisdiction for all disputes in connection with this Agreement – also following withdrawal shall be Viersen if the contractor is a registered merchant, a legal entity under public law or a separate property under public law. Only the law of the Federal Republic of Germany shall apply.
12) Online dispute resolution platform (ODR platform) to out-of-court dispute resolution
As an online retailer, we are obliged to refer you to the online dispute resolution (ODR) platform of the European Commission. This is available at the following Internet address: ec.europa.eu/consumers/odr/. The address of the national contact point is: National Contact Point - Germany, Bahnhofsplatz 3, 77694 Kehl.
13) Alternative conditions from the Customer
In case the Customer applies his own General Conditions of Business, which intrinsically depart from these General Conditions of Business, only the Supplier’s General Conditions of Business shall apply. We hereby expressly reject alternative regulations applied by the contractual partner.
Last revised: 02 September 2016