Terms and Conditions

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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Petra Maria Seidl, sole proprietor, operating under "Meravie", Postfach 11 03, 83065, Stephanskirchen, Germany (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a 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.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out by 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 user agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after their order has been sent. The Seller will not make the contract text accessible beyond this.
2.6 Before submitting the order bindingly via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in connection with money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where it makes an advance payment to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and submissions, or credits, even in the event of assignment of claims.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out 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. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the Seller performs in advance, the Seller reserves ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- the limitation period for defect rights for new goods is one year from the delivery of the goods;
- defect rights for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following paragraph: The limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately agreed between the parties and the Customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of Section 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, they are asked to complain about obvious transport damage to the delivered goods to the delivery person and to inform the Seller of this. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- due to a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability exists in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer can regularly rely.
8.3 In all other respects, the Seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Applicable Law
9.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.