1. Scope
For all inquiries about our online catalog by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with our suppliers, named in the online catalog.
The presentation of the products in the online catalog is not a legally binding offer, but a non-binding online catalog. You can submit our products without obligation in the shopping cart and correct your input at any time prior to submitting your request, by the provided in the ordering process and explained proofing tools use. By clicking on the request button, you submit a non-binding request for a quote for the goods in the shopping cart. The confirmation of the receipt of your request will be made by e-mail immediately after sending the request.
When the contract is concluded with us, depends on the payment method you have chosen: Payment in advance
We accept your order by sending a proforma invoice of the respective supplier in separate e-mail within three days, in which we give you the bank account of the supplier.
3. Contract language, contract text storage
The language available for the contract is German resp. English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up, by arrangement, either from our respective supplier or at meškank, Crostwitzer Straße 28, 01920 Höflein, Germany during the following business hours:
Monday to Friday 8 a.m. to 5 p.m. except public holidays. Kindly inform us at least three working days ahead of your collection so that we can arrange the goods.
We do not deliver to packing stations.
5. Payment
In the further ordering process, the following payment method is basically available to you:
Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
6. Transport damage
For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. Failure to complain or to contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply.
When buying used goods by consumers applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
_in violation of life, body or health
_in intentional or grossly negligent breach of duty as well as malice
_in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations)
_in the context of a guarantee promise, as far as agreed.
As far as the scope of the product liability law is opened.
Information on additional guarantees that may apply and their exact conditions can be found in the product and on special information pages in the online catalog.
Customer Service: Our customer service is available for queries, complaints and claims on working days from 8 a.m. to 6 p.m. via phone at +49 172 549 03 29 as well as via marketing@meskank.com.
8. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
_in the event of injury to life, body or health,
_in the case of intentional or grossly negligent breach of duty,
_by guarantee, if agreed, or ss far as the scope of the product liability law is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
10. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Gerneral terms and conditions created with the Trusted Shops legal copy in cooperation with the lawyers Wilde Beuger Solmecke Rechtsanwälte.