Important note: The offer found at the URLs www.meinex.de and www.tegometall.online and all subpages is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code). There are no sales to consumers within the meaning of § 13 BGB. Accordingly, the right of withdrawal you may be familiar with from private sector contracts cannot be exercised.
1. Scope of application
These General Terms and Conditions (GTC) apply to all contracts concluded by the online shop with entrepreneurs within the meaning of Section 14 BGB and related legal declarations. They apply exclusively. Contradictory or deviating terms are hereby expressly excluded. These GTC's shall also be applicable if we perform the delivery to the customer without reservation although being aware of contradictory or deviating conditions of the customer.
2. Contracting party
Contracts for the online offer at www.tegometall.online are conclude with the following party:
Meinex Import Export Handels GmbH
Zentrum für Ladeneinrichtungen, neu & gebraucht
Tel.: +49 441 96010622
Fax: +49 441 96010624
Managing Director: Olga Estrina
VAT ID No.: DE278268994
Register court: District Court of Oldenburg, HRB205871
Contents and structure of this website are copyright protected. Reproduction of information or data content, in particular the use of text (whether in full or in part), pictures or graphics, requires the prior written permission of Meinex Import Export Handels GmbH.
3. Subject matter of the contract
All information regarding the nature of the delivery items in our brochures, catalogs, advertisements or in correspondence prior to the offer shall only be approximate unless they are expressly declared in our offer or our order confirmation as binding. This also applies to photos, drawings and other illustrations.
4. Offers and contract conclusion
4.1. The presentation of the products in the online shop constitutes a legally binding offer. Errors excepted. The product delivery contract is only concluded if and when the customer completes the ordering process.
4.2. The customer undertakes to provide truthful information about its identity. Upon customer data changes, in particular name, address, e-mail address or telephone number, the customer undertakes to notify us of this change immediately by e-mail or by post. Should the customer omit this notification or provide false data from the outset, we may, insofar as the contract has been concluded, withdraw from the same with immediate effect.
5. Price and shipping costs
5.1. Prices quoted on product pages are - unless otherwise stated - plus statutory sales tax.
5.2. Further to the prices quoted, we charge shipping costs for delivery, which are communicated in the position list of the online shopping cart.
6.1. Unless otherwise agreed, goods will be delivered within 5 to 8 working days. We will indicate any other delivery times on the relevant product page. The delivery period does not begin until receipt of any advance payment and/or receipt of any information, documents, permits and approvals to be provided by the customer.
6.2. For orders comprising several delivery items, we are entitled to deliver individual parts separately, as far as this is reasonable for the customer.
7.1. The payment is made via
PayPal: With PayPal, you can easily and securely pay your goods online without cash. Your credit card and bank details are only stored with PayPal. The service is free of charge for you.
Direct debit: You can simply pay by SEPA direct debit. This service is provided by PayPal. There is no need for a credit card with an expiration date or a cumbersome recharge of your PayPal account. The service is free of charge for you.
Credit card: You can comfortably and safely pay by credit card. We accept Visa and MasterCard. In case of purchase by credit card, your credit card account will be charged immediately. This service is provided by PayPal. However, you need not have a PayPal account to pay by credit card. The service is free of charge for you.
Advance payment: You will receive our bank and account details by e-mail in your order confirmation. For advance payment orders, a payment period of 5 working days applies. We reserve the right to sell the goods elsewhere if the payment has not been received by the deadline.
7.2. Money orders, checks and bills of exchange are only accepted after special agreement under calculation of all collection and discount charges. A payment is deemed to have been made when we can dispose of the amount. For checks and bills of exchange, the payment is deemed to have been made when the check or bill of exchange is cashed.
7.3. The customer is only entitled to set-off if counterclaims have been legally established by law or are undisputed or have been acknowledged by us in writing.
7.4. Customers many only exercise a right of retention if claims arise from the same contractual relationship.
8. Retention of title
8.1. We retain ownership of all delivery items until complete payment of all claims arising from the business relationship with the customer (goods subject to retention of title). For open accounts, all goods subject to retention of title serve to secure the outstanding balance. The buyer is only entitled to resell the goods subject to retention of title in the ordinary course of business. Disposals in the context of a business sale as a whole or a lease shall not be regarded as sales in the ordinary course of business and require our prior consent.
8.2. In any case of resale of goods subject to retention of title, the customer hereby assigns in full its future claims against its resale buyer to us. We hereby accept this assignment. Upon first request, the customer must immediately provide us with all information required for collection and hand over any relevant documents.
8.3 If the value of the existing collateral exceeds the secured claims by a total of more than 20 percent, we undertake to release collateral of the customer's choice, at the request of the customer.
8.4. If the customer defaults on its payment, we will be entitled to take possession of the goods subject to retention of title, after the expiry of a reasonable period at our discretion. If the goods subject to retention of title are in the possession of a third-party, the customer undertakes upon first request to inform us of their whereabouts, and agrees that we also take possession of the goods subject to the retention of title.
8.5. If we assert our retention of title on, take possession of, or seize the goods in question, this may not be construed as a withdrawal from the contract, unless we have expressly declared our withdrawal therefrom.
8.6. The customer must notify us immediately in writing of all forced execution measures and other dispositions of third-parties that are directed against goods subject to retention of title, and leave copies of distraint orders and minutes with us. The customer shall do the utmost effort to avert the implementation of the aforementioned measures. If we file a third-party objection claim in accordance with § 771 ZPO (German Code of Civil Procedure), the customer undertakes to reimburse us for any judicial and extra-judicial costs should the third-party prove unable to do so.
8.7. Filing for commencement of insolvency proceedings over the assets of our customer entitles us to withdraw from the contract and demand the immediate return of the goods subject to retention of title.
9.1. If the purchaser is a legal entity under public law, a special fund under public law or an entrepreneur which, upon conclusion of the contract, is exercising its commercial or independent professional activity, the warranty claims of the customer for the purchase of new goods become time-barred within one year.
9.2. Further claims remain unaffected, insofar as we are mandatorily liable, or is otherwise agreed, particularly upon express acceptance of a warranty.
9.3. Statutory warranty regulations apply.
10.1. We are liable under the law for damage to life, body and health arising from negligent or intentional breach of duty on our part, or on the part of our legal representatives and/or vicarious agents, as well as for damages covered by the German Product Liability Act, as well as for all damages arising from intentional or grossly negligent breach of contract and malice.
10.2 To the extent that we have given a warranty of quality and/or durability with respect to the subject of the contract or parts thereof, we will also be liable within the scope of this warranty. However, for damages arising from the lack of guaranteed quality or durability although not directly affecting the subject of the contract, we may only incur liability where the risk of such damage is clearly covered by the quality and durability warranty.
10.3. Furthermore, we are liable for damages which we have caused by simple negligent breach of such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place, and on the fulfillment of which the customer can and may regularly rely. The same applies if the customer is entitled to compensation for damages in lieu of performance. However, we may only incur liability insofar as damages are associated with the contract in a typical manner and are deemed to be foreseeable.
10.4. Any further liability by us is excluded, regardless of the legal nature of the asserted claim; this particularly applies to tort claims or to claims for reimbursement of futile expenses in lieu of performance. This does not affect our liability in accordance with the provisions of no. 6 of these GTC.
10.5. Insofar as our liability is limited by the above provisions, this also applies to the personal liability of our employees, workers, personnel, representatives, and agents.
11. Final provisions
11.1. Should any provision of these terms and conditions be or become ineffective or unenforceable, this will not affect the validity of the remaining provisions.
11.2. Should the customer be a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes shall be Oldenburg. This also applies if the customer lacks a general place of jurisdiction domestically.
(As of: 03/2019)