Terms of service

MENITO GbR

 

Status: Januar 2022

 

  1. Scope
  2. Contractor
  3. Conclusion of contract
  4. Right of withdrawal
  5. Prices and shipping costs
  6. Delivery
  7. Payment
  8. Retention of title
  9. Transport damage
  10. Warranty
  11. Liability
  12. Dispute resolution
  13. Final Provisions

 

General terms and conditions

 

1. Scope

1.1. Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller MENITO GbR (hereinafter "Seller") and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected.

1.2. The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.3. The products in our online shop is aimed exclusively at buyers who have reached the age of 18.

1.4. You can access and print out the currently valid General Terms and Conditions on our website (www.menito-moto.de/agb).

2. Contractor

2.1. The purchase contract is concluded with MENITO GbR, owners: Oliver Nonner and Yannik Rommel, Sudetenstraße 10, 73553 Alfdorf.

3. Conclusion of contract

3.1. The presentation of the products in the online shop does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

3.2. By clicking on the “Buy” or “Order with costs” button, you submit a binding purchase offer for the goods listed on the order page (§ 145 BGB). Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order. Furthermore, the customer can also submit the offer to the seller by e-mail.

3.3. If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed here or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, viewable here. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point at which the customer clicks the button concluding the ordering process.

3.4. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided 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 assigned to process the order can be delivered.

4. Right of withdrawal

4.1. In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal
 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us, MENITO GbR, Sudetenstraße 10, 73553 Alfdorf, info@menito-moto.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract to revoke. You can use the attached sample revocation form for this, but this is not mandatory. You can also fill out and submit the sample cancellation form or any other clear declaration on our website www.menito-moto.de/widerruf. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
 

If you revoke this contract, we refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of revocation - 


4.2. Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

4.3. Please note that the modalities mentioned in paragraph 4.2 above are not a prerequisite for the effective exercise of the right of withdrawal.

5. Prices and shipping costs

5.1. When shipping within the EU, the following applies: These are total prices that include value added tax. For deliveries to Switzerland, depending on the value of the goods, the following additional costs may arise for the end customer:

  • VAT on imports: 7,7% of the tax base
  • Customs duty based on the gross weight of the good incl. packaging
  • Customs clearance costs (service costs) by the courier company

5.2. You can find more information about shipping costs on our website at www.menito-moto.de/versand.

6. Delivery

6.1. Information regarding delivery areas and expected delivery times can be found on our website at www.menito moto.de/versand.

6.2. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

6.3. As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk).

7. Payment

7.1. The payment options are communicated to the customer in the seller's online shop.

7.2. If you choose the payment method bank transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

7.3. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

7.4. If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

7.5. If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

7.6. If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. 

7.7. If you pay by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details transmitted by you.

8. Retention of title

The goods remain the property of the seller until full payment has been made.

9. Transport damage

9.1. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.

9.2. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

10. Warranty

10.1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).

10.2. The statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 Paragraph 1 No. 3 BGB.

11. Liability

If the purchased item is defective, the statutory liability for defects applies.

12. Dispute resolution

12.1. The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute settlement platform can be reached via the external link http://ec.europa.eu/consumers/odr/.

12.2. We endeavor to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and do not offer it.

13. Final provisions

13.1. Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.

13.2. The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer usually resides is not withdrawn from the customer.

13.3. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.