General terms and conditions

Meltem Lüftungsgeräte GmbH & Co. KG, Am Hartholz 4, D-82239 Alling, following named seller.

§ 1 General, definitions

(1) The seller offers goods via the online shop. The following general terms and conditions (GTC) apply to the business relationship between the seller and the customer in their version valid at the time of the order. 

(2) A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed primarily to his commercial or independent occupation. Entrepreneurs within the meaning of the Terms of Business are natural or legal persons or legal partnerships which are acting in the exercise of their commercial or independent professional activities upon conclusion of the legal transaction. Customers in the business conditions are both consumers and entrepreneurs.

(3) Individual contractual agreements shall prevail over these General Terms and Conditions. Deviating, conflicting or supplementary terms shall not be a contractual part, unless their validity is expressly agreed. 

§ 2 Contract conclusion

(1) The presentation of the goods on the website of the seller does not constitute an offer in the case, but merely an invitation to the customer to make an offer in the case. Due to the technically possible presentation possibilities, the goods ordered can slightly deviate from the goods presented on the Internet within the scope of the reasonable, in particular color deviations may occur, as far as this is reasonable. 

(2) The order can be made by the customer via the website of the seller, by email, by fax or also in writing. The order of the customer constitutes a binding offer for the conclusion of a purchase contract for the ordered goods. 

(3) The seller shall immediately confirm receipt of the order of the customer by fax or email. 

A) The purchase contract is not concluded with this order confirmation, but only with sending of a separate email with an order confirmation or the delivery of the goods when payment in advance / bank transfer or cash on delivery is effected. The seller is entitled to accept the contract within 2 working days in payment of the payment in advance / bank transfer or cash on delivery. An acceptance shall be deemed to be the same if the seller delivers the ordered goods within this period. 

B) In the case of payment via PayPal, the contract is already concluded with payment instructions by the customer. The condition for an effective conclusion of the contract is always that the order process is completed by sending the order. 

(4) The conclusion of the contract is subject to the proviso, in the case of non-correct or non-correct self-deliveries, not or only partially. This applies only in the event that the non-delivery is not the responsibility of the vendor and the latter has completed a concrete cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. Otherwise, the consideration will be refunded immediately. In the case of non-availability or partial availability of the goods, the customer will be informed without delay. 

(5) If the customer orders the goods by electronic means, the contract text is saved by the seller and sent to the customer by email after conclusion of the contract, together with the legally effective terms and conditions. 

§ 3 Retention of title

(1) In the case of consumers, the seller reserves the right to ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller reserves the right to ownership of the goods until the full settlement of all claims arising from a current business relationship.

(2) In the case of a breach of contract by the customer, in particular in the case of a delay in payment, in the case of incorrect information given by the customer about his creditworthiness or if an application for the opening of the insolvency proceedings is filed, the seller is entitled to withdraw from the contract and to remove the goods If the customer has not yet or not fully rendered the consideration. 

(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to the vendor all claims in the amount of the invoice which arose through the resale to a third party. The seller accepts the assignment. After the assignment the entrepreneur is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Contractor fails to meet his payment obligations properly and is in default of payment. 

(4) The seller undertakes to release the collateral which is due to him at the customer's request insofar as the realizable value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller. 

§ 4 Compensation

(1) The indicated purchase price is binding. The purchase price includes the VAT. The shipping costs additionally incurred are indicated under shipping. Costs for packaging are already included in the shipping costs. 

(2) The customer undertakes to pay the total price by email or the invoice within 14 days after receipt of the order confirmation. After the deadline, the customer is in default of payment. During the period of delay, the consumer shall pay interest on the interest of the debt above 5 percentage points above the base interest rate. During the period of delay, the entrepreneur shall pay interest on the interest rate of 9 percentage points above the base interest rate. The entrepreneur owes a lump sum payment in the amount of 40 euros in case of delay with a remuneration claim. This also applies if the entrepreneur is in default with an advance payment or other installment payment. The seller reserves the right to assert a higher arrears. The lump sum pursuant to sentence 5 shall be charged to a claim for damages, if the damage is justified in the costs of the prosecution. 

(3) The customer has a right to offset only if his counterclaims have been legally established, recognized or not denied by the seller. The right of the buyer to set-off with contractual and other claims from the initiation or execution of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Payment options

(1) the customer can pay the purchase price payment in advance/bank transfer, PayPal or cash on delivery.

(2) For payment via PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de [www.paypal.de] apply.

(3) In the case of payment by cash on delivery, the customer pays directly to the shipping company. 

(4) Please refer to our customer information and the payment options on our website for information on the costs of 

§ 6 Shipment

(1) The Seller delivers exclusively from the Onlineshop to the Federal Republic of Germany. 

(2) The delivery period for deliveries within Germany is stated on the respective offer page. The start of the delivery period is determined (depending on the chosen method of payment) according to paragraphs 3 to 4.

(3) In case of payment in advance / bank transfer or PayPal, the delivery period begins one day after the payment instructions have been issued. For all other methods of payment, the deadline starts one day after the order has been placed. 

(4) If the beginning of the period or the deadline falls on a Saturday, Sunday or a public holiday, the beginning or the deadline shall be postponed to the following working day. 

(5) With regard to the reservation of proper self-supply, the seller refers to § 2 para 4 of these General Terms and Conditions.

(6) The seller is entitled to partial deliveries insofar as a partial delivery is to be anticipated to the customer taking into account his interests. This shall not affect the contract content, in particular the performance owed by the seller or the agreed performance time. The customer does not incur any extra costs due to partial deliveries. 

§ 7 Passing of risk

(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes over to the consumer when the goods are dispatched.

(2) In the case of contractors, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the contractor at the time of the transfer, the dispatching of the goods to the freight forwarder, the freight carrier or the person or institution otherwise destined to carry out the dispatch.

(3) The transfer shall be the same if the customer is in default with acceptance.

§ 8 Warranty

(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these General Terms and Conditions. 

(2) Ordered goods may slightly differ from the goods shown in the Internet within the scope of the reasonable. Please refer to § 2 para. 1 of these General Terms and Conditions. 

(3) Consumers have the choice whether to demand supplementary performance by reworking or replacement delivery. The vendor is entitled to refuse the type of the selected supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the event of a defect, the Seller shall, at his own option, make a warranty by remedying or replacing the goods. 

(4) If the supplementary performance fails, (Reduction), cancellation of the contract (withdrawal) or compensation in lieu of the performance. In case of negligible deficiencies the customer is not entitled to rescind the contract, taking the interests of both parties into account. Instead of the compensation in lieu of performance, the customer can demand the replacement of futile expenses within the scope of § 284 BGB, which he has made in confidence on the receipt of the goods and was allowed to make cheaply. If the customer chooses compensation instead of performance, the liability limitations pursuant to § 9 para. 1 of these terms and conditions apply.

(5) Entrepreneurs must notify the Seller of obvious defects of the delivered goods within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely sending or notification is sufficient to meet the deadline. § 377 HGB applies to merchants.

(6) If the customer is an entrepreneur, the condition of the goods is grds. Only the product description of the seller as agreed. Public statements, advertising or advertising by the manufacturer do not represent a contractual quality of the goods.

(7) The warranty period for consumers is 2 years from delivery of the goods. By way of derogation, the guarantee period for entrepreneurs shall be 1 year from delivery. For used items, the warranty period is also one year from delivery of the goods. The one-year warranty period does not apply if gross negligence is foreseeable to the seller, furthermore not in the case of physical and health damage attributable to the seller and in the event of a loss of the customer's life or in the event of a guarantee or in the case of a supply restitution pursuant to §§ 478, 479 BGB. The liability of the seller under the Product Liability Act remains unaffected.

(8) By way of derogation from para. 7, the regular period of limitation shall apply if the seller has maliciously concealed a defect.

(9) The seller does not give any guarantees against the customer in the case unless otherwise expressly agreed. Manufacturing guarantees remain unaffected.

§ 9 Limitations of liability 

(1) In case of slightly negligent breaches of duty, the liability is limited to the foreseeable, contract-typical, direct average damages that are foreseeable in the nature of the goods. This shall also apply in case of negligent breach of duty by the legal representatives or vicarious agents or vicarious agents of the seller. The Seller is not liable for minor negligent breach of non-essential contractual obligations. On the other hand, he is liable for the infringement of contractual legal positions of the customer. Contractual legal positions are those which the contract has to grant to the customer according to the contract content and purpose. The Seller shall also be liable for the breach of obligations which the fulfillment of which is the proper execution of the contract and which the Customer may rely on.

(2) The above limitations on liability do not concern the customer's claims for guarantees and / or product liability. Furthermore, the limitation of liability does not apply in case of fraudulent intent, in case of breach of contractual obligations as well as in the case of physical and health damage attributable to the seller or in the event of loss of the customer's life.

(3) The seller is only liable for his own content on the website of his online shop. If the access to other websites is made possible with links, the seller is not responsible for the contents of the linked pages. He makes the strange contents not own. If the seller is aware of illegal content on external websites, he will immediately block access to these pages. 

§ 10 Final provisions, dispute resolution

(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice shall apply only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. §§ 161, 640 TDSG shall remain unaffected.

(2) If the customer is a merchant, a legal person of public law or a public-law special fund, the court of jurisdiction for all disputes arising from this contract is the court at the place of business of the seller, unless an exclusive court of jurisdiction exists. The seller is, however, also entitled to sue the merchant at his place of residence or business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched. 

(3) We are obliged to inform you that an appropriate online platform will be provided by the European Commission with regard to the so-called online dispute settlement. You can access this platform at the following link: ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our email address: info@meltem.com

Meltem Wärmerückgewinnung GmbH & Co. KG, Am Hartholz 4, D-82239 Alling, following named seller.

§ 1 General, definitions

(1) The seller offers goods via the online shop. The following general terms and conditions (GTC) apply to the business relationship between the seller and the customer in their version valid at the time of the order. 

(2) A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed primarily to his commercial or independent occupation. Entrepreneurs within the meaning of the Terms of Business are natural or legal persons or legal partnerships which are acting in the exercise of their commercial or independent professional activities upon conclusion of the legal transaction. Customers in the business conditions are both consumers and entrepreneurs.

(3) Individual contractual agreements shall prevail over these General Terms and Conditions. Deviating, conflicting or supplementary terms shall not be a contractual part, unless their validity is expressly agreed. 

§ 2 Contract conclusion

(1) The presentation of the goods on the website of the seller does not constitute an offer in the case, but merely an invitation to the customer to make an offer in the case. Due to the technically possible presentation possibilities, the goods ordered can slightly deviate from the goods presented on the Internet within the scope of the reasonable, in particular color deviations may occur, as far as this is reasonable. 

(2) The order can be made by the customer via the website of the seller, by email, by fax or also in writing. The order of the customer constitutes a binding offer for the conclusion of a purchase contract for the ordered goods. 

(3) The seller shall immediately confirm receipt of the order of the customer by fax or email. 

A) The purchase contract is not concluded with this order confirmation, but only with sending of a separate email with an order confirmation or the delivery of the goods when payment in advance / bank transfer or cash on delivery is effected. The seller is entitled to accept the contract within 2 working days in payment of the payment in advance / bank transfer or cash on delivery. An acceptance shall be deemed to be the same if the seller delivers the ordered goods within this period. 

B) In the case of payment via PayPal, the contract is already concluded with payment instructions by the customer. The condition for an effective conclusion of the contract is always that the order process is completed by sending the order. 

(4) The conclusion of the contract is subject to the proviso, in the case of non-correct or non-correct self-deliveries, not or only partially. This applies only in the event that the non-delivery is not the responsibility of the vendor and the latter has completed a concrete cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. Otherwise, the consideration will be refunded immediately. In the case of non-availability or partial availability of the goods, the customer will be informed without delay. 

(5) If the customer orders the goods by electronic means, the contract text is saved by the seller and sent to the customer by email after conclusion of the contract, together with the legally effective terms and conditions. 

§ 3 Retention of title

(1) In the case of consumers, the seller reserves the right to ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller reserves the right to ownership of the goods until the full settlement of all claims arising from a current business relationship.

(2) In the case of a breach of contract by the customer, in particular in the case of a delay in payment, in the case of incorrect information given by the customer about his creditworthiness or if an application for the opening of the insolvency proceedings is filed, the seller is entitled to withdraw from the contract and to remove the goods If the customer has not yet or not fully rendered the consideration. 

(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to the vendor all claims in the amount of the invoice which arose through the resale to a third party. The seller accepts the assignment. After the assignment the entrepreneur is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Contractor fails to meet his payment obligations properly and is in default of payment. 

(4) The seller undertakes to release the collateral which is due to him at the customer's request insofar as the realizable value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller. 

§ 4 Compensation

(1) The indicated purchase price is binding. The purchase price includes the VAT. The shipping costs additionally incurred are indicated under shipping. Costs for packaging are already included in the shipping costs. 

(2) The customer undertakes to pay the total price by email or the invoice within 14 days after receipt of the order confirmation. After the deadline, the customer is in default of payment. During the period of delay, the consumer shall pay interest on the interest of the debt above 5 percentage points above the base interest rate. During the period of delay, the entrepreneur shall pay interest on the interest rate of 9 percentage points above the base interest rate. The entrepreneur owes a lump sum payment in the amount of 40 euros in case of delay with a remuneration claim. This also applies if the entrepreneur is in default with an advance payment or other installment payment. The seller reserves the right to assert a higher arrears. The lump sum pursuant to sentence 5 shall be charged to a claim for damages, if the damage is justified in the costs of the prosecution. 

(3) The customer has a right to offset only if his counterclaims have been legally established, recognized or not denied by the seller. The right of the buyer to set-off with contractual and other claims from the initiation or execution of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Payment options

(1) the customer can pay the purchase price payment in advance/bank transfer, PayPal or cash on delivery.

(2) For payment via PayPal, the customer must register at www.paypal.de. The terms of use of paypal.de [www.paypal.de] apply.

(3) In the case of payment by cash on delivery, the customer pays directly to the shipping company. 

(4) Please refer to our customer information and the payment options on our website for information on the costs of 

§ 6 Shipment

(1) The Seller delivers exclusively from the Onlineshop to the Federal Republic of Germany. 

(2) The delivery period for deliveries within Germany is stated on the respective offer page. The start of the delivery period is determined (depending on the chosen method of payment) according to paragraphs 3 to 4.

(3) In case of payment in advance / bank transfer or PayPal, the delivery period begins one day after the payment instructions have been issued. For all other methods of payment, the deadline starts one day after the order has been placed. 

(4) If the beginning of the period or the deadline falls on a Saturday, Sunday or a public holiday, the beginning or the deadline shall be postponed to the following working day. 

(5) With regard to the reservation of proper self-supply, the seller refers to § 2 para 4 of these General Terms and Conditions.

(6) The seller is entitled to partial deliveries insofar as a partial delivery is to be anticipated to the customer taking into account his interests. This shall not affect the contract content, in particular the performance owed by the seller or the agreed performance time. The customer does not incur any extra costs due to partial deliveries. 

§ 7 Passing of risk

(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes over to the consumer when the goods are dispatched.

(2) In the case of contractors, the risk of accidental loss and accidental deterioration of the goods shall be transferred to the contractor at the time of the transfer, the dispatching of the goods to the freight forwarder, the freight carrier or the person or institution otherwise destined to carry out the dispatch.

(3) The transfer shall be the same if the customer is in default with acceptance.

§ 8 Warranty

(1) The customer is entitled to a statutory warranty right, which is modified in accordance with §§ 8, 9 of these General Terms and Conditions. 

(2) Ordered goods may slightly differ from the goods shown in the Internet within the scope of the reasonable. Please refer to § 2 para. 1 of these General Terms and Conditions. 

(3) Consumers have the choice whether to demand supplementary performance by reworking or replacement delivery. The vendor is entitled to refuse the type of the selected supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the event of a defect, the Seller shall, at his own option, make a warranty by remedying or replacing the goods. 

(4) If the supplementary performance fails, (Reduction), cancellation of the contract (withdrawal) or compensation in lieu of the performance. In case of negligible deficiencies the customer is not entitled to rescind the contract, taking the interests of both parties into account. Instead of the compensation in lieu of performance, the customer can demand the replacement of futile expenses within the scope of § 284 BGB, which he has made in confidence on the receipt of the goods and was allowed to make cheaply. If the customer chooses compensation instead of performance, the liability limitations pursuant to § 9 para. 1 of these terms and conditions apply.

(5) Entrepreneurs must notify the Seller of obvious defects of the delivered goods within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely sending or notification is sufficient to meet the deadline. § 377 HGB applies to merchants.

(6) If the customer is an entrepreneur, the condition of the goods is grds. Only the product description of the seller as agreed. Public statements, advertising or advertising by the manufacturer do not represent a contractual quality of the goods.

(7) The warranty period for consumers is 2 years from delivery of the goods. By way of derogation, the guarantee period for entrepreneurs shall be 1 year from delivery. For used items, the warranty period is also one year from delivery of the goods. The one-year warranty period does not apply if gross negligence is foreseeable to the seller, furthermore not in the case of physical and health damage attributable to the seller and in the event of a loss of the customer's life or in the event of a guarantee or in the case of a supply restitution pursuant to §§ 478, 479 BGB. The liability of the seller under the Product Liability Act remains unaffected.

(8) By way of derogation from para. 7, the regular period of limitation shall apply if the seller has maliciously concealed a defect.

(9) The seller does not give any guarantees against the customer in the case unless otherwise expressly agreed. Manufacturing guarantees remain unaffected.

§ 9 Limitations of liability 

(1) In case of slightly negligent breaches of duty, the liability is limited to the foreseeable, contract-typical, direct average damages that are foreseeable in the nature of the goods. This shall also apply in case of negligent breach of duty by the legal representatives or vicarious agents or vicarious agents of the seller. The Seller is not liable for minor negligent breach of non-essential contractual obligations. On the other hand, he is liable for the infringement of contractual legal positions of the customer. Contractual legal positions are those which the contract has to grant to the customer according to the contract content and purpose. The Seller shall also be liable for the breach of obligations which the fulfillment of which is the proper execution of the contract and which the Customer may rely on.

(2) The above limitations on liability do not concern the customer's claims for guarantees and / or product liability. Furthermore, the limitation of liability does not apply in case of fraudulent intent, in case of breach of contractual obligations as well as in the case of physical and health damage attributable to the seller or in the event of loss of the customer's life.

(3) The seller is only liable for his own content on the website of his online shop. If the access to other websites is made possible with links, the seller is not responsible for the contents of the linked pages. He makes the strange contents not own. If the seller is aware of illegal content on external websites, he will immediately block access to these pages. 

§ 10 Final provisions, dispute resolution

(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice shall apply only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. §§ 161, 640 TDSG shall remain unaffected.

(2) If the customer is a merchant, a legal person of public law or a public-law special fund, the court of jurisdiction for all disputes arising from this contract is the court at the place of business of the seller, unless an exclusive court of jurisdiction exists. The seller is, however, also entitled to sue the merchant at his place of residence or business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched. 

(3) We are obliged to inform you that an appropriate online platform will be provided by the European Commission with regard to the so-called online dispute settlement. You can access this platform at the following link: ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our email address: info@meltem.com