General terms and conditions

25.10.2012

1. Area of Application
For all contracts concluded between zeitlos MG, Ernst Graaf, Prozessionsweg 8, 48145 Münster and the customer only these General Terms and Conditions in the current valid version at the time of order placement shall apply. Customer’s provisions that are contrary to, deviating from or supplementary to these General Terms and Conditions shall not be included in the contract unless zeitlos MG gives its explicit consent. 

2. Contract conclusion The presentation of articles on our website does not constitute a legally binding offer for sale but is rather a request to you to make a binding offer to purchase an article. 

If you choose to pay in advance you pass through the ordering process and make a binding offer to purchase the article by clicking on the button „Zahlungspflichtig bestellen” (payable order). Having submitted the binding purchase order in this way you will be sent an order confirmation by e-mail to the e-mail address you submitted. This confirmation shall not be deemed an acceptance of your contract proposal. We will accept your purchase order/contract proposal by sending you a separate order confirmation by e-mail. 

When paying via PayPal you submit a binding offer to purchase an item by clicking the respective payment button in the PayPal window opening during the ordering process thereby releasing the payment via PayPal. At the same time we accept your contract proposal that obliges us to deliver the ordered articles. 

3. Right of revocation 
Only consumers in the sense of § 13 BGB[German Civil Code] have a right of revocation. 

You are entitled to declare the revocation of your contractual statement in text form (e.g. letter, e-mail) within a period of 14 days without being required to give any reasons for this or – if the merchandise has been sent to you before the expiry of the time limit – by returning the merchandise. The time limit begins after you received these instructions in text form, however not before the merchandise arrived at the addressee [in the case of periodically sent merchandise not before the receipt of the first partial delivery] and also not before we fulfilled our duty to furnish information under section 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our duties under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB“. The timely dispatch of the revocation or the merchandise shall be deemed sufficient for compliance with the revocation term. 

Please address the revocation to: 

zeitlos MG, Ernst Graaf, Prozessionsweg 8, 48145 Münster. 

Consequences of revocation 
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to return or restitute the merchandise to us (e.g. benefits from usage) or can only return or restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. You will only have to make compensation for the deterioration of the merchandise and drawn profits as far as these usages or the deterioration is due to using the merchandise in a way that goes beyond examining the merchandise in respect of its features and the functioning. “Examining the features and the functioning” is deemed to be testing the respective merchandise or putting the merchandise to its intended use– as for instance in a retail store. Things that can be shipped by parcel are to be returned at our cost and risk. Things that cannot be shipped by parcel will be picked up at your place. Reimbursement obligations must be fulfilled within 30 days. The time limit commences for you when you dispatch the declaration of revocation or the merchandise, for us with its receipt 

End of the revocation instruction 

Exclusion of the right of revocation: 
The right of revocation shall be excluded in the case of articles that have been made in accordance with customer specifications or clearly been tailored to the customer’s needs. 

4. Prices / Shipping costs 

The prices indicated on the website include the statutory value-added tax. 

In addition to the indicated prices, we charge a flat fee of EUR 0.00 for each purchase order on delivery within the Federal Republic of Germany 

You will be informed of the incurred shipping costs when you place your purchase order. 

5. Delivery, Non-availability of the merchandise 

We only deliver within The Federal Republic of Germany and the EU-countries. Deliveries beyond the EU boundaries will only be made on request. Please contact us per e-mail or mail. We will answer immediately. 

The delivery will take up to 10 days. We will inform you about possible longer delivery times when you place your purchase order. 

In the case that merchandise is not available we reserve the right to non-delivery. In this case, we will inform you immediately and restitute any received compensation at once 

6. Payment / Due date 

The payment will be due immediately.
Payment is possible via:

a) PayPal
b) advanced payment
Our bank coordinates will be indicated in the order confirmation. Delivery will be made on receipt of the payment.

7. Set-off / Retention
You will only have a right of retention if your counter-claims have been validly established by court or are uncontested or acknowledged by us in writing. 

You may only assert your right of retention as far as your claim is based on the same contractual relationship. 

8. Title retention 

Delivered merchandise remains our property until the price has been fully paid. 

9. Warranty 

The statutory regulations on warranty rights shall apply. 
In a case of warranty please contact our customer service:

MeisterSinger GmbH & Co. KG
Hafenweg 46
D-48155 Münster

10. Choice of law, Venue, Contract language

The German law shall apply excluding the UN Convention on the International Sales of Goods. 

In the contract is concluded with an entrepreneur, the parties shall agree on Münster in Westphalia as the place of venue in the case of dispute arising from or in connection with the contractual relationship.
The contract shall be exclusively concluded in the German language.

Further information: 

You access the purchase order form by clicking on the button “Bestellen” (Ordering). By choosing the quantity you can remove any articles shown from your purchase order. First, choose the desired method of payment. Then, enter your data. Compulsory fields are marked with by asterisk (*). In the next step, you are shown an overview in which you can check and possibly change your exact purchase order and the data you entered. By clicking on the button „Zahlungspflichtig bestellen” you submit a binding order and commit to purchase the chosen article. 

The ordering process can be cancelled at all stages; simply click on the X to close the browser window. 

Saving the text of the contract: 

We do not save the text of the contract so that it cannot be called-up again after the conclusion of the ordering process. However, you can print out the order data immediately after you sent them off. Moreover, you receive an automatic e-mail confirming your purchase order. Here, the order data are listed once again.