Terms & Conditions
01. Formation of the Contract
The company MESCA - Online Vertrieb, located at Im Seidenbäumle 16/1, 71397 Leutenbach, hereinafter referred to as MESCA - Online Vertrieb, agrees with the buyer that the following general payment and delivery conditions of MESCA - Online Vertrieb are recognized as binding. These conditions exclusively apply to this and all subsequent transactions with the buyer. Contrary conditions of the buyer are not valid unless they are individual agreements. Our conditions are considered accepted upon online order submission through the order form, for fax orders upon fax transmission, and for telephone orders upon receipt of the goods by the buyer. Deviations by individual agreement require written confirmation from both parties. Our offers, unless stated otherwise in writing, are generally non-binding regarding execution, quantity, price, delivery time, and availability. Delivery contracts are concluded either through our written order confirmations after the buyer's order or through our delivery. All oral, especially additional and supplementary agreements, including those regarding order fulfillment, require separate written confirmation for validity.
02. Sales Prices:
The price of the purchased item is understood to be exclusive of shipping within Germany (unless otherwise stated). If more than 4 months elapse between order and delivery without us being in default, we are entitled to pass on an increase in our list prices to you after 4 months. Such a price increase does not require your approval. The prices communicated in the order confirmation are decisive. Please refer to the order information in the respective shops or contact us by phone for the proportional shipping costs for national and international shipping.
03. Design and Model Changes:
We reserve the right to make design, model, and color changes, provided these changes are minor or objectively positive for the customer. The changes must be reasonable for the customer, taking our interests into account.
MESCA - Online Vertrieb will arrange shipping as soon as possible, depending on its delivery options. A binding shipping date can only result from the order confirmation or other individual communication. Delivery times mentioned on the publicly accessible pages of MESCA - Online Vertrieb are only non-binding estimates depending on the operation's capacity and delivery options. The risk of accidental loss of the goods passes to the customer upon shipping. MESCA - Online Vertrieb is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable restart period or, if the obstacles cannot be eliminated despite all efforts reasonable under the circumstances, to withdraw from the contract in whole or in part.
05. Retention of Ownership and Security of Claims:
The goods remain the property of MESCA - Online Vertrieb until the full payment of the agreed purchase price. In case of resale by the buyer, it must be done with retention of ownership, and the buyer hereby assigns to MESCA - Online Vertrieb the claims arising from the resale to its customer up to the amount of the outstanding purchase price. The buyer undertakes to notify MESCA - Online Vertrieb immediately of any enforcement measures or any impairment of the ownership right.
The invoice is issued immediately after the provision of the goods and sent by email to the buyer's provided email address. Unless otherwise agreed, the applicable payment and delivery conditions apply. Checks and credit card payments are considered payment only upon receipt in our bank account. All prices are final prices and exclude shipping costs (unless otherwise stated). For deliveries to countries outside of Europe, an additional flat fee is charged based on weight and destination. We will gladly provide you with the amount of this fee upon request. Advance payment means transferring the due amount (or sending the check) within 14 days from the order date. The ordered products are shipped only after receipt of payment. In the case of credit card payment, the invoice amount is debited immediately after successful shipment. If delivery times are indicated on MESCA - Online Vertrieb as longer than 14 days, or if this is communicated to the customer by telephone or email, the transfer period ends 7 days before the specified delivery date on the website, by phone, or in the email. If the customer lets this derived payment deadline pass, the order is automatically canceled. If an order is paid by cash on delivery, we charge a cash on delivery fee. We have no influence on the collection fee charged by the parcel service and cannot show it on the invoice.
If the delivered goods are defective or lack guaranteed properties, MESCA - Online Vertrieb, at its discretion, will remedy or replace, excluding further warranty claims by the buyer. Notice of visible defects must be given to MESCA - Online Vertrieb immediately, no later than 14 days after receipt of the goods, and for hidden defects immediately upon discovery, in writing (by fax, email, or post); otherwise, the obligation to warranty lapses. No warranty claims can be made for defects resulting from unsuitable or improper use by the buyer or third parties during use or commissioning. The legally prescribed warranty period applies, starting from the day of delivery to the buyer. Returns are only possible after prior agreement with MESCA - Online Vertrieb and must be sent in the original packaging, unless this unreasonably restricts the customer's ability to inspect the goods. Data carriers are only accepted in their original and unopened packaging. The product will then be rectified or replaced in full and returned to the customer free of charge. If no damage to the product can be found contrary to the customer's statement, the customer bears the return shipping costs. In case of failure of rectification or replacement, the customer may demand a reduction in remuneration or the annulment of the contract at their discretion. Some of our goods are delivered in a pre-assembled state.
MESCA - Online Vertrieb is not liable for manufacturer warranties. We are not liable for defects caused by incorrect handling or external influences. MESCA - Online Vertrieb's liability for consequential damages from defects is excluded. For damages from product liability - personal and property damages - liability is limited in such a way that MESCA - Online Vertrieb assigns claims against the manufacturer or upstream dealers in the supply chain to the injured party.
09. Right of Return:
If a product does not meet expectations, it can be exchanged or returned within 14 days, provided the product is unused, undamaged, and in the original packaging. We ask that the product be returned to the following address after prior written agreement (letter, fax, or email):
MESCA - Online Vertrieb
Im Seidenbäumle 16/1
If the goods are intentionally destroyed, damaged, or reduced in value by the customer or a person attributable to them, the customer must compensate MESCA - Online Vertrieb for the value of the goods or the reduction in value. MESCA - Online Vertrieb can satisfy its claims from already made payments by the customer. The return postage for goods valued above EUR 40 will be refunded by us. Unfortunately, we cannot accept unannounced and/or insufficiently franked or postage unpaid shipments.
10. Data Protection:
MESCA - Online Vertrieb does not provide customer data to third parties outside of MESCA - Online Vertrieb. To make our service and offer even more attractive for you, we reserve the right to evaluate your data for in-house purposes. Of course, we do this with strict confidentiality of the data.
11. Jurisdiction Agreement:
As far as it concerns a bilateral commercial transaction, the place of jurisdiction is Waiblingen. German law applies to all legal relationships between us and the buyer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), even if the buyer has their domicile or place of business abroad.
12. Severability Clause:
Should one of these provisions be ineffective, the effectiveness of the remaining provisions is not affected. A provision that economically comes closest to the ineffective clause takes the place of the ineffective clause.