Terms and Conditions

General terms and conditions of business and consumer information

§ 1 Basic provisions
(1)
The following terms and conditions of business shall apply to all contracts between Mehler Law Enforcement GmbH, Edelzeller Strasse 51, 36043 Fulda, Germany – hereinafter known as the provider - and the customer, concluded via the Internet site www.mehler-law-enforcement.de/shop/ of the provider. Unless otherwise agreed, the customer’s own terms and conditions shall not be included.

(2) Consumer shall mean any natural person that concludes a legal transaction for a purpose that cannot be assigned to his/her commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership exercising his/her commercial or independent occupational interests by concluding a legal transaction.

(3) The contract language is German. The full text of the contract is not saved by the provider. Before submitting the order via the on-line shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order by the provider, the order information, the information required by law in distance contracts and the general terms and conditions will be sent to the customer again by e -mail.

§ 2 Subject matter of the contract
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and additional information on the website of the provider.

§ 3 Conclusion of the Contract
(1)
 The provider’s products depicted on the Internet are not binding and do not constitute a binding offer to conclude a contract.

(2) The customer can make a binding offer to purchase (order) using the online shopping cart system. The goods to be purchased are then stored in the “shopping cart”. The customer can call up the “shopping cart” via the appropriate button in the navigation bar and make changes at any time. After calling up the ”Checkout” page and entering personal details and payment and shipping terms, all the order data is displayed on the order summary page again. Before submitting the order, all data can be reviewed, checked and changed if necessary (even via the “back” function of the browser), or the purchase can be cancelled. By submitting the order via the “buy” button, the customer makes a binding offer to the seller. The customer then receives an automatic e- mail regarding the receipt of his order, which is not yet the completion of a contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) occurs within 2 days, either in the form of a confirmation by text (e.g. an email) that attests the performance of the order or delivery of the goods. If the customer does not receive any such notice within 5 days or notification of the delivery or has not received the goods, he shall no longer be contracted to his order. If any payments have been made up to this point, they will be immediately refunded.

(4) The processing of the order and submission of all information required in connection with the contract shall be partially automated by e-mail. The customer must therefore ensure that the email address forwarded to the seller is correct and that email receipt is possible and in particular is not prevented by spam filters.

§ 4 Prices, Delivery charges
(1)
The prices listed for all products and the delivery charges are final prices. They include all price components and all potential taxes. In the case of delivery to a non-EU country, additional customs duties, taxes, or fees may have to be paid by the customer, and in fact not to the vendor, but to the relevant customs or tax authorities in the respective country. We recommend the customer to find out about the order’s details by contacting customs and tax authorities before the order.

(2) The shipping costs are not included in the purchase price. They can be viewed on the page “Payment and Shipping”, are reported separately during the order process and have to be paid additionally by the customer, unless free delivery has been confirmed.

(3) The customer receives an invoice with the VAT listed separately listed.

§ 5 Payment and Shipping Terms
(1)
Payment and Shipping Terms

(2) Unless otherwise specified in the individual methods of payment, the payment of claims from the completed contract shall be immediately due.

(3) If a product ordered by the customer is not available in spite of a timely hedging transaction and for reasons beyond the control of the provider, the customer shall be informed immediately and payments that were made in advance will be refunded instantaneously.

(4) Regardless of whether the consignment is insured or not, there is legal regulation in favour of the customer that the risk of accidental destruction and accidental impairment of the sold goods during shipment transfers to the customer only after delivery of the goods.
If the customer is an entrepreneur, the shipment takes place at his own risk.

§ 6 Return costs when exercising the right of withdrawal
If the customer exercises his cancellation right in association with distance contracts, it is agreed that the customer shall bear the return costs, as long as the item’s value does not exceed 40 Euro or, in case of a value above 40 Euro, if the customer has not yet paid the full amount or a deposit at the time of the calculation, unless the goods delivered do not correspond to the goods ordered. In all other cases, the seller shall bear the return costs.

§ 7 Right of retention, Retention of title
(1) The customer shall only exercise a right of retention, if claims from the same contractual relationship are involved.

(2) The provider shall retain the title to the goods until the purchase price is paid in full.

(3) If the customer is an entrepreneur, the following additional regulations apply:

a) The provider reserves title to the goods until all trade receivables from the current business relationship are met. Before the title to the goods under retention of title is transferred, the goods shall not be mortgaged, nor shall the ownership thereof be transferred.

b) The customer may sell the goods on in the normal course of business. In such cases, he hereby assigns all claims to the amount of the final invoice, which arise from the further sale, to the provider accepting the assignment. In addition, the customer is authorised to collect the claims. If he does not properly meet his payment obligations, the seller reserves the right to collect the claims on his own.

c) In cases where the retained goods are combined and commingled, the provider shall acquire co-ownership of the new item in the proportion of the invoice value of the retained goods to the other processed objects at the time of processing.

d) The provider shall release securities, to which he is entitled, at the customer's request, insofar as the realisable value of the supplier's securities exceeds the payment to be secured by more than 10%. The choice of which securities to release rests with the provider.

§ 8 Warranty
(1)
 Statutory regulations apply.

(2) As a consumer, the customer is obliged to inspect the goods for discrepancies in quality and amount and transport damage without delay and with the required diligence, and to notify the provider and haulier as soon as possible. If the customer does not comply with this request, this will have no bearing on statutory warranty claims.

(3) If the customer is an entrepreneur, the following applies in derogation from Paragraph 1:

a) Only the provider's own details and the manufacturer's product description shall be deemed agreed with regard to the condition of the goods but not, however, any other advertising, public promotion or statements made by the manufacturer.

b) The customer is obliged to inspect the goods for discrepancies in quality and amount without delay and with the required diligence, and to notify the provider in writing of apparent defects within 7 days of receipt of the goods; the timely dispatch of such notification shall suffice in order to comply with this deadline. This deadline also applies to concealed defects from the time of their discovery. Asserting warranty claims is excluded if the duty to inspect goods and to give notice of defects is breached.

c) In the case of defects, the provider shall guarantee to correct defects or to deliver a replacement at his discretion. If two attempts to correct the defect fail, the customer may at his discretion request a reduction or withdraw from the contract. In the case of correcting a defect, the supplier shall not bear the increased costs that arise from the shipment of goods to a location other than the place of fulfilment, insofar as this shipment does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damage culpably caused and imputable to the provider as a result of injury to life, limb or health, and to damage caused by gross negligence or malicious intent or deceit by the provider, as well as recourse claims in accordance with sections 478, 479 of the German Civil Code.

§ 9 Compliance with export requirements

The purchaser shall adhere to all applicable national, European and US American export control regulations, including all European or US American sanction lists and other embargos against particular individuals (together referred to as "export control regulations").

He shall provide information for the seller without being requested, stating the actual export list or Export Control Classification Number, in the event that goods or their components that are to be delivered are included on the export list, in Appendices I and IV, or the Commerce Control List. The purchaser shall provide immediate written notification to the seller concerning any circumstances becoming known to him after conclusion of the contract, which give reasons to assume a possible or actual infringement of export control regulations. If such circumstances or suspicions exist – without prejudice to any further claims by the seller - any delay in acceptance by the seller for a reasonable period of time, in order to give the seller the opportunity for verification, shall be excluded.

If actual infringements of export control regulations are established or cannot be excluded, the seller may, at his discretion, withdraw from the contract or demand the cancellation of those part-deliveries that give reasons to assume an infringement. The purchaser shall indemnify the seller against any damages incurred due to a deficiency or failure on the part of the purchaser to fulfil his undertaking under this provision of § 9. The scope of the damages to be indemnified shall also include reimbursement of all necessary and reasonable expenses incurred by the seller, in particular the costs and expenses of any legal defence, as well as any fines imposed by the authorities.

§ 9 Liability
(1)
The provider shall be liable in each case and without restriction for damages arising from injury to life, limb or health, in all cases of malicious intent and gross negligence, for fraudulent concealment of a defect, for the assumption of warranty for the condition of the purchase item, for damages in accordance with the Product Liability Act and in all other cases governed by law.

(2) Insofar as material contractual obligations are affected, the provider's liability shall be restricted to contractually typical and foreseeable damages in the case of minor negligence. Material contractual obligations are material obligations arising from the nature of the contract, whose infringement would jeopardise achievement of the purpose of the contract, as well as obligations, which the contract imposes on the supplier in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which makes the due execution of the contract possible and compliance with which the customer may regularly rely upon.

(3) Liability is excluded for minor negligence in the case of the breach of minor contractual obligations.

(4) Data communication over the Internet can not be free of errors in the current state of the art nor can it be guaranteed to be available. The provider shall therefore not be liable for the constant, uninterrupted availability of the Website and the services offered there.

§ 10 Choice of Law, Place of Performance, Place of Jurisdiction
(1)
German law applies to the exclusion of the UN Convention on the International Sale of Goods. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not restricted (principle of favourability)

(2) Place of performance for all obligations arising from the business relationship with the provider as well as jurisdiction is the registered offices of the provider, if the customer is not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. We reserve, however, the right to appeal to another court of jurisdiction.

§ 11 Protection of young persons
(1)
For the sale of goods that require regulations under the law on the protection of children and youth, the provider will only enter into contractual relationships with customers of legal age.

(2) By dispatching an order the customer assures the seller that he is at least 18 years old and that all information provided relating to his name and address is true. He shall ensure that delivery is either taken by himself or by another authorised person of legal age. The provider instructs the respective logistics provider to hand the delivery only to persons of legal age and to demand identification from the person taking delivery in the case of doubt.

(3) If underage persons order goods, the provider hereby cancels the contract as a precautionary measure in accordance with § 109 of the German Civil Code. The persons who are entitled to custody or are authorised to represent the respective underage persons who order goods using false information, shall be liable vis-à-vis the provider under statutory regulations for all damages incurred as a result of goods being ordered using false information