Terms of service

1. Scope of application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) form the exclusive basis for all legal relationships established between mela wear GmbH, Schillerstraße 50-52, 34117 Kassel and its customers.

(2) The following General Terms and Conditions apply to all orders placed by consumers and entrepreneurs with mela wear GmbH via our online store or by other means.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(4) An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

(5) These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract

(1) The purchase contract is concluded with mela wear GmbH.

(2) By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

(1) The languages available for the conclusion of the contract are German and English.

(2) You can find the contract text for the GTC at any time on our website: https://www.forschur.us/unternehmen/agb/

4. Terms of delivery

(1) Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

(2) We only deliver by mail order. It is not possible to collect the goods yourself.

(3) Packaging shall be carried out in accordance with professional and commercial standards. Special packaging can be charged separately by mela wear GmbH at cost price.

(4) mela wear reserves the right to correct and timely self-delivery. Delivery dates are non-binding planned dates. If a binding delivery date has been agreed in the contract, mela wear GmbH shall only be in default after the customer has set a reasonable grace period.

(5) Unless otherwise stated, all prices are subject to statutory VAT.

(6) The minimum order value for resellers per order is € 250.00 net excluding shipping costs. mela wear GmbH reserves the right to cancel or modify orders for which the minimum order value is not reached.

(7) As long as the customer is in arrears with an earlier obligation to mela wear, mela wear may - without prejudice to other rights - refuse delivery.

(8) Minor, technically unavoidable or customary deviations in quality, color, width, weight, equipment or design from samples of the goods do not constitute defects. The above does not apply if mela wear GmbH has promised a delivery true to sample or has assumed a different quality guarantee.

5. Payment

(1) The following payment methods are available in our store:

(a) Prepayment

If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

(b) PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we will request PayPal to initiate the payment transaction, which will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

(c) PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the use of your data by PayPal as well as the payment instruction to PayPal.

If you have selected the payment method PayPal, you must be registered there or register first and legitimize yourself with your access data in order to be able to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the order process.

If you have selected the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately after confirmation of the payment instruction and after your legitimation as the legitimate cardholder at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.

(d) Immediately
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

(e) Invoice (only for entrepreneurs)
You pay the invoice amount after receipt of the goods and the invoice within 14 days by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

(2) The customer may only assign claims other than monetary claims against mela wear GmbH to third parties with the prior written consent of mela wear GmbH.

6. Retention of title

(1) The goods remain the property of mela wear GmbH until payment has been made in full.

(2) For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

(1) The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

(2) The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

(1) Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

(2) For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.

(3) For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

(4) The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health

in the event of intentional or grossly negligent breach of duty and fraudulent intent

in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

within the framework of a guarantee promise, if agreed

insofar as the scope of application of the Product Liability Act is opened up.

(5) Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

9 Cancellation policy

9.1 Cancellation policy (only for consumers)

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. Hygiene articles (socks) out of their original packaging are excluded from the right of return. It is not possible to return unpacked socks. Thank you for your understanding.

(2) To exercise the right to cancel, you must inform us (mela wear GmbH, Schillerstrasse 50-52, 34117 Kassel, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods yourself. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Non-existence of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

End of the withdrawal policy

Muster-Widerrufsformular

(If you wish to cancel the contract, please fill out this form and send it to us with the goods).

mela wear GmbH

Schillerstrasse 50 - 52

34117 Kassel

eMail: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

……………………………..

Ordered on (*)/received on (*)

……………………………..

Name of the consumer(s)

……………………………..

Address of the consumer(s)

……………………………..

Signature of the consumer(s) (only for notification on paper)

……………………………..

Date

……………………………..

(*) Delete as appropriate

9.1 Cancellation policy (only for companies)

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period begins upon receipt of the order confirmation.

(2) To exercise the right to cancel, you must inform us (mela wear GmbH, Schillerstrasse 50-52, 34117 Kassel, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal informally before the expiry of the withdrawal period.

(3) It is not possible to cancel part of your order. We recommend that you cancel the entire order and re-purchase the desired quantity to simplify the transaction. A cancellation fee of 30% of the total order value (net) will be charged for all cancellations after the 14-day period.

(4) Under certain circumstances, mela wear GmbH reserves the right to cancel orders or partial orders. Although our online stock is updated automatically, mela wear GmbH still reserves the right to inform you of a shortage by telephone or e-mail at any time after receipt of your order.

(5) The receipt of an electronic or other form of order confirmation does not constitute final acceptance of your order and mela wear GmbH reserves the right to accept or reject your order at any time after receipt of your order.

10. Data protection

(1) You can find information about our data protection at any time on our website at https://www.forschur.us/unternehmen/datenschutz/

11. Liability

(1) The liability of mela wear GmbH for damages, irrespective of the legal grounds, in particular due to impossibility, delay in defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tort, is limited in accordance with this § 11, insofar as fault is involved in each case.

(2) mela wear GmbH shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees and other vicarious agents, insofar as this does not involve a breach of material contractual obligations, the breach of which jeopardizes the purpose of the contract (cardinal obligation). In this case, claims for damages are limited to typical and foreseeable damage. These limitations do not apply to the liability of mela wear GmbH for intentional behavior, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act, as well as insofar as the damage is covered by the business liability insurance of mela wear GmbH, provided that the insurer has paid to mela wear GmbH.

12 Resale of the goods (for entrepreneurs)

(1) The following applies to mela wear GmbH products that are certified according to the Global Organic Textile Standard (GOTS) and/or the Fairtrade Cotton Standard: Customers must ensure that mela wear GmbH complies with the guidelines applicable to certification in trade with the products. mela wear GmbH is not responsible for this.

13. Dispute resolution

(1) The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
(2) We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

14 Provider of the website

(1) The website offered under the domain www.melawear.de is operated by:

mela wear GmbH

Schillerstrasse 50-52

34117 Kassel

represented by the management

14. Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between mela wear GmbH and its customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of mela wear GmbH (Kassel). In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction

15 Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

GENERAL TERMS AND CONDITIONS FOR DIGITAL GIFT VOUCHERS

The following terms and conditions apply to our digital gift vouchers:

Gift vouchers can only be purchased in digital form and with the payment methods offered.

The redemption is only possible on melawear.de. If the order exceeds the value of the gift voucher, the difference must be paid using another payment method. If the credit balance exceeds the order value, the remaining value will be saved for your next purchase and cannot be refunded in cash or other payment methods. This does not affect the validity of the gift voucher, which is valid for 3 years from the invoice date. Only one gift voucher can be redeemed per purchase, a combination with other gift vouchers, promotional vouchers or discount codes is not possible. Gift vouchers cannot be used towards the cost of shipping. Any shipping costs incurred must be paid using a different payment method. The gift voucher is freely transferable to third parties and can be redeemed several times until the value has been used up.

The gift vouchers are excluded from discount campaigns and no VAT is charged. VAT will be charged on redemption where applicable.

They can only be redeemed in the currency in which they were purchased (i.e. gift vouchers issued in euros are only valid for orders delivered to an EU country).

Melawear accepts no liability for gift vouchers that have been used without permission. Melawear may refuse, block or cancel the sale in the event of suspected fraud, forgery, violation of the law or these general terms and conditions.

The gift voucher will be sent to you by e-mail within 24 hours of receipt of payment. If you have any problems with receipt, please contact our customer service as soon as possible.