General Terms and Conditions

for the online shop at the URL

https://heymela.shop/

operated by

Phaeosynt GmbH
Feodor-Lynen-Str. 31
30625 Hannover
Email: [email protected]
Phone number: +49 15566152531

– hereinafter referred to as the Provider –

1. Scope

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts for the purchase of goods, services, or other items (hereinafter “goods”) in the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is made via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or in text form (e.g., by email) and such confirmation is received by the customer, or when the Provider delivers the ordered goods and such goods are received by the customer, or when the Provider requests payment from the customer (e.g., invoice or credit card payment in the order process) and such payment request is received by the customer. The decisive point in time for the conclusion of the contract is when one of the alternatives first occurs.

2.3 Before placing a binding order via the Provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other input functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual input functions.

2.4 The Provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g., by email). Any further provision of the contract text by the Provider does not take place.

2.5 The following languages are available for concluding the contract: German, English

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3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal in the case of contracts concluded outside business premises and in the case of distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT and any shipping costs that may be listed. The customer will be informed about the available payment methods in the Provider’s online shop.

4.2 If payment by credit or debit card is agreed, the purchase price becomes due immediately after the conclusion of the contract.

4.3 If payment via “PayPal” is agreed, the purchase price becomes due immediately after the conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price has been made.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will be made within the delivery period specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased goods by the customer is excluded.

6.3 If the Provider is unable to deliver the ordered goods because he himself was not supplied in time through no fault of his own, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from his obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already provided by the customer will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnification

8.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• under a guarantee, insofar as no other regulation has been agreed in this respect;
• due to mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies.

8.3 Otherwise, the liability of the Provider and the liability of his vicarious agents and legal representatives is excluded.

8.4 The customer indemnifies the Provider against all claims of third parties – including the costs of legal defense at the statutory rate – that are asserted against the Provider due to unlawful or contractual violations by the customer.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory legal provisions of the law of his country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the seat of the Provider has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the header of these GTC.

10.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Dispute Resolution

The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the header of these GTC.