Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
Section 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Léonie Assogba) through the website memiocare.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
Section 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the product description.
(3)The contract is concluded through the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the shopping cart using the relevant button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or a similar label) and entering your personal details and the payment and shipping information, the order details are displayed to you in a final order summary.
If you use an instant payment system as your payment method (such as PayPal (Express/Plus/Checkout), Amazon Pay or Sofort), you will either be taken to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the relevant instant payment system, you make the appropriate selections or enter your data there. The order details will then be displayed in an order summary on the instant payment system provider's website or after you have been redirected back to our online store.
Before submitting the order, you can review and change the information in the order summary again (including by using your internet browser's "back" function) or cancel the order.
(4) Your requests for a quotation are non-binding for you. We will send you a binding offer in text form (for example, by email), which you may accept within 5 days unless a different deadline is stated in the offer.
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email, partly through automated processes. You must therefore ensure that the email address you have provided to us is correct and that emails can be received.
Section 3 Special provisions for the payment methods offered
(1)Payment through "Shopify Payments"
If you select a payment method offered through "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available through Shopify Payments are shown under an appropriately labeled button on our website and during the online ordering process. Stripe may use other payment services to process payments; where special payment terms apply, you will be informed of them separately. For more information about Shopify Payments, please visithttps://www.shopify.com/de/legal/terms-payments/de.
Section 4 Right of retention, retention of title
(1) You may exercise a right of retention only in relation to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Section 5 Statutory warranty
(1) The statutory rights in respect of defects apply.
(2)As a consumer, you are asked to check the goods promptly upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the contracting parties expressly and separately agreed to it.
Section 6 Choice of law
(1)German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they habitually reside (principle of the more favorable provision).
(2)The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer information
1. Identity of the seller
Léonie Assogba
Kolonnenstr. 8
10827 Berlin
Germany
Phone: +49 159 05677070
Email: info@memiocare.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
2. Information about formation of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correcting entries are governed by the "Formation of the contract" provisions in our General Terms and Conditions (Part I).
3. Contract language and storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order through the online shopping cart system, you can print the contract details using your browser's print function or save them electronically. After we receive your order, the order details, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For quotation requests made outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, for example by email, which you can print or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are set out in the respective offer.
5. Prices and payment arrangements
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including any applicable taxes.
5.2. Applicable shipping costs are not included in the purchase price. They can be viewed under an appropriately labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price unless free shipping has been promised.
5.3. For deliveries to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer or currency conversion fees charged by financial institutions), which you must pay.
5.4. You must also pay any money transfer costs (bank transfer or currency conversion fees charged by financial institutions) where delivery is made to an EU member state but payment is initiated from outside the European Union.
5.5. The payment methods available to you are listed under an appropriately labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for an individual payment method, payment obligations arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any delivery restrictions are set out under an appropriately labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods during shipping passes to you only when the goods are handed over to you, regardless of whether the shipment is insured. This does not apply if you independently commission a carrier or another person to carry out the shipment whom the trader has not named.
7. Statutory liability for defects
Liability for defects is governed by the "Statutory warranty" provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by Händlerbund's lawyers specializing in IT law and are continually reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of formal legal warning notices. Further information is available at:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.