General terms and conditions of business

Please note the following:

These terms and conditions are protected by copyright. Free use is only permitted if the author is named. When integrating the General Terms and Conditions into your web shop, we ask you to set a link to https://www.rechtsanwalt-metzler.de in the immediate vicinity of the General Terms and Conditions. You will find the link already formatted at the end of these terms and conditions.

The GTC may be reproduced, edited, distributed and made publicly accessible free of charge. A sale or commercial exploitation of the terms and conditions is not permitted.

These conditions also apply to edits of the protected terms and conditions. When disseminating and passing on to third parties, these license conditions must always be attached to the general terms and conditions.

The terms and conditions were created for use in online shops and are not suitable for the B2B area, for trading in goods via platforms such as eBay or for the provision of services. Please note that there are numerous special regulations to be observed for goods such as electrical items, toys or medicines.

Terms and Conditions (GTC)

Stand: 09/011

General terms and conditions and consumer information in the context of sales contracts, the

via the online shop between Mehrner Quelle GmbH

"Provider" - and the customer - hereinafter referred to as "customer" - are closed.

§ 1 Scope and general information

- hereinafter

Subject to individual arrangements and agreements that take precedence over these GTC, the following general terms and conditions apply exclusively to the business relationship between the provider and the customer in their valid at the time of the order. Conflicting terms and conditions of the customer expressly do not apply, unless the provider expressly agrees to their validity in writing.

The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

All offers in the provider's web shop merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer first receives a confirmation of his order from the provider, usually by e-mail (order confirmation). This does not constitute acceptance of the order. After receipt of his order, the provider will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. The ordering process in the provider's web shop works as follows:

The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the "Send order" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.

The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate email.

§ 3 Subject matter of the contract, quality, delivery, availability of goods

The subject matter of the contract are the goods and services specified by the customer in the context of the order and named in the order and/or order confirmation at the final prices named in the web shop. Errors and mistakes are reserved there, especially with regard to the availability of goods

The nature of the ordered goods results from the product descriptions in the web shop. Images on the website may not accurately reflect the products; In particular, colors can vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product Specifications, weight, dimensions and performance are as accurate as possible, but there may be normal deviations. The properties described here do not represent defects in the products supplied by the supplier.

The properties described here do not represent defects in the products supplied by the supplier.

If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

§ 4 Retention of title

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

§ 5 Delivery, prices, shipping costs

The delivery (delivery to the shipping company) takes place immediately after receipt of money (in the case of payment by bank transfer), otherwise immediately after the order confirmation has been sent.

All prices stated on the provider's website are inclusive of the applicable statutory rates

The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.

The goods are shipped by post, DPD or a forwarding agent. If the customer wants insured shipping, he must request this separately by email and include the appropriate shipping method in his request. The resulting additional costs of 4% of the value of the goods or at least € 10 are to be borne by the customer in the order form.

§ 6 Terms of payment, set-off and right of retention

The customer can pay by direct debit, prepayment, credit card or paypal.

The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.

In this case, he has to pay the provider interest on arrears at a rate of 5 percentage points above the base interest rate.

The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

The customer can only offset counterclaims that have been determined by a court, are undisputed or have been recognized in writing by the provider. The customer can only exercise a right of retention if the underlying claims stem from the same contractual relationship.

§ 7 Warranty for material defects, guarantee

The provider is liable for material defects according to the applicable statutory provisions.

There is only a guarantee for the goods delivered by the supplier if this is expressly given in the order confirmation for the respective article.

§ 8 Liability

Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents .

In the event of a breach of essential contractual obligations within the meaning of paragraph 1, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health .

Essential contractual obligations within the meaning of paragraph 1 are liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.

The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

The provisions of the Product Liability Act remain unaffected.

§ 9 Consumer's right of withdrawal

If the customer is a consumer and has concluded a contract with the provider using only means of distance communication, in particular by telephone, e-mail or fax, or via the provider's website, he has the right of withdrawal described below.

The customer has to bear the costs of the return if the delivered goods correspond to the ordered ones.

In exceptional cases, there is no right of withdrawal

if the customer has purchased the products purchased from the provider for the purpose of his commercial or self-employed professional activity (in this case the customer is not a consumer),

for products that are individually made for the customer according to the customer's specifications or clearly tailored to his personal needs (custom-made products),

for perishable products and products whose use-by date has passed,

for sealed data carriers with audio and video recordings or with software, if the data carrier was unsealed by the customer,

in newspapers, magazines and

- Right of withdrawal -

You can revoke your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) without giving reasons or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312g Para. 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.

The revocation must be sent to:

Mehrner source GmbH

A 6230 Brixlegg / Tirol, Faberstr 5

Fax: 0043-5337-67037-37

Email: info@mehrnerheilwasser.com

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

- End of revocation -

Notes on data processing

The provider collects data from the customer as part of the processing of contracts. He observes the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of teleservices

Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes

The customer has the possibility at any time to call up the data stored by him under the button "My data" in his profile, to change it or to delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time via the "Data protection" button.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Sales Convention

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the

The contract remains in its remaining parts even if individual points are legally ineffective

Source: href=”https://www.rechtsanwalt-metzler.de” title=”Lawyer for competition law, trademark law and internet law”>Lawyer Metzler – Lawyer for

Competition law, trademark law and internet law

(End of Terms and Conditions)