General terms and conditions
Meltem GmbH, Am Hartholz 4, D-82239 Alling, hereinafter referred to as the Seller.
Version 2026
§ 1 General Provisions, Definitions
(1) The Seller offers goods via the online store. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who, at the time of entering into the legal transaction, are acting in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions include both consumers and entrepreneurs.
(3) These General Terms and Conditions apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract to the extent that the Seller has expressly agreed to their validity. This requirement for consent applies in all cases, for example, even if the Seller carries out the delivery to the Customer without reservation while being aware of the Customer’s general terms and conditions.
(4) Individual contractual agreements take precedence over these General Terms and Conditions.
(5) The Seller reserves its ownership rights and copyrights to offers, drawings, and other documents without restriction. The documents may only be made available to third parties with the Seller’s prior consent.
§ 2 Conclusion of Contract
(1) The presentation of the goods on the Seller’s website does not constitute an offer in the legal sense, but merely an invitation to the Customer to submit an offer in the legal sense. Due to technical limitations in presentation, the ordered goods may differ slightly from those displayed on the Internet within reasonable limits; in particular, color variations may occur to the extent that this is reasonable.
(2) The Customer may place an order via the Seller’s website, by email, by fax, or in writing. The Customer’s order constitutes a binding offer to conclude a purchase contract for the ordered goods.
(3) The Seller will immediately confirm receipt of the Customer’s order by fax or email.
a) In the case of payment in advance/bank transfer, the purchase contract is not concluded upon receipt of this order confirmation, but only upon the dispatch of a separate email containing an order confirmation or upon delivery of the goods. In the case of payment in advance/bank transfer, the Seller is entitled to accept the contractual offer contained in the order within a period of 2 business days. Acceptance is deemed to have occurred if the Seller delivers the ordered goods within this period.
b) In the case of payment via PayPal, the contract is concluded upon the Customer’s payment instruction. A prerequisite for the effective conclusion of the contract is always that the ordering process is completed by submitting the order.
(4) The conclusion of the contract is subject to the provision that, in the event of incorrect or improper supply to the Seller, performance may not be provided or may be provided only in part. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. Otherwise, the payment will be refunded immediately. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately.
(5) If the Customer orders the goods electronically, the contract text will be stored by the Seller and sent to the Customer by email after the contract is concluded, together with the Terms and Conditions, which are legally incorporated into the contract.
§ 3 Retention of Title
(1) For consumers, the Seller retains title to the goods until the purchase price has been paid in full. For entrepreneurs, the Seller retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) In the event of the Customer’s breach of contract, in particular in the event of default in payment, false statements by the Customer regarding their creditworthiness, or if an application for the opening of insolvency proceedings is filed, the Seller is entitled—after setting a deadline, if necessary—to withdraw from the contract and demand the return of the goods, provided that the Customer has not yet rendered the consideration or has not rendered it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. The entrepreneurs hereby assigns to the Seller all claims in the amount of the invoice total arising from the resale to a third party. The Seller accepts the assignment. Following the assignment, the Customer is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Customer fails to properly fulfill its payment obligations and falls into default.
(4) The goods subject to retention of title may neither be pledged to third parties nor transferred as security prior to full payment of the secured claims. The Customer must immediately notify the Seller in writing if an application for the opening of insolvency proceedings is filed or if third parties (e.g., through attachments) seize the goods belonging to the Seller.
(5) The Seller undertakes to release the security to which it is entitled at the Customer’s request to the extent that the realizable value of the security exceeds the claim to be secured by more than 10%. The selection of the security to be released shall be at the Seller’s discretion.
(6) Insofar as, for deliveries to other jurisdictions, mandatory legal provisions of the respective country do not provide for a retention of title within the meaning of this § 3 Nos. 1 through 4, but recognize other and comparable rights to secure claims arising from the Customer’s invoices, the Seller is entitled to assert such rights. The Customer is obligated to do everything necessary to immediately grant the Seller corresponding security interests. The Customer shall, at its own expense, cooperate in all measures—such as registration, publication, etc.—that are necessary and conducive to the validity and enforceability of such security interests.
§ 4 Payment
(1) The purchase price stated is binding. The purchase price includes the statutory value-added tax. Unless otherwise agreed, the Seller is entitled to determine the method of shipment (in particular the carrier, shipping route, and packaging) at their discretion. For deliveries within Germany, the Seller charges packaging, delivery, and shipping costs in addition to the purchase price, based on the current price list of the respective shipping company.
Shipping costs are listed separately on your order confirmation and invoice. For orders with a net merchandise value of €500 or more, delivery is free of charge (Germany only). Packaging costs are already included in the shipping costs.
Shipping to other European countries as well as worldwide shipping is available. Shipping costs and island surcharges will be provided upon request. For deliveries outside EU countries, additional customs duties and fees apply. The Customer is responsible for these customs clearance and import costs.
(2) The Customer agrees to pay the total price within 10 days of receiving the order confirmation via email or the invoice. The Customer is advised that, in the case of payment in advance or by bank transfer, they will be in default if they do not pay within 30 days of the due date and receipt of the invoice. If the Customer is an entrepreneur, he must pay a late payment fee of 40 euros in the event of default. This also applies if the entrepreneur is in default with a down payment or any other installment payment. The Seller reserves the right to claim higher damages for default from the entrepreneur. The flat fee under sentence 5 shall be offset against any claim for damages owed, to the extent that the damages are based on legal costs.
(3) The Customer has a right of set-off only if their counterclaims have been legally established, acknowledged, or not contested by the Seller. The buyer’s right to set off contractual and other claims arising from the initiation or performance of this contractual relationship remains unaffected by this. The Customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
§ 5 Payment Options
(1) Customers may pay the purchase price via prepayment/bank transfer or PayPal.
(2) When paying via PayPal, the Customer must register at www.paypal.de. The Terms of Use of paypal.de [www.paypal.de] apply.
(3) Information regarding any applicable fees for the selected payment method can be found in our Customer Information and under the Payment Methods overview on our website.
§ 6 Shipping
(1) The delivery period for shipments within Germany is specified on the respective offer page. The stated delivery times are non-binding unless they are expressly marked as binding. The start of the delivery period is determined (depending on the selected payment method) in accordance with § 6 No. 2 through 3.
(2) For payments made in advance/by bank transfer or PayPal, the delivery period begins one day after the Seller receives the payment. For all other payment methods, the period begins one day after the order is placed.
(3) If the start or end of the period falls on a Saturday, Sunday, or a public holiday, the start or end of the period is postponed to the following business day.
(4) The Seller is entitled to make partial deliveries, provided that a partial delivery is reasonable for the Customer, taking the Seller’s interests into account. This has no effect on the content of the contract, in particular on the performance owed by the Seller or on the agreed performance period. The Customer shall not incur any additional costs as a result of the partial delivery.
(5) The Seller shall not be liable for the impossibility or delays in its deliveries to the extent that such circumstances are due to force majeure or other events unforeseeable at the time of conclusion of the contract for which the Seller is not responsible (e.g., operational disruptions of any kind, fire, natural disasters, epidemics, pandemics, weather, floods, war, insurrection, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy, or raw materials, delays in the issuance of any necessary official permits, or official/governmental measures or prohibitions. In the event of such occurrences, delivery periods shall automatically be extended by the duration of the event plus a reasonable grace period. The Seller shall inform the Customer of such occurrences without delay. If the end of the disruption is not foreseeable or if it lasts longer than two months, either party shall be entitled to withdraw from the contract.
§ 7 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer upon delivery of the goods, even in the case of mail-order sales.
(2) For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon delivery; in the case of mail-order sales, upon delivery of the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment.
(3) The handover is deemed to have taken place if the Customer is in default of acceptance.
§ 8 Warranty
(1) The Customer is entitled to the statutory warranty, which is modified in accordance with § 8 and § 9 of these Terms and Conditions.
(2) Ordered goods may differ slightly from those depicted on the website within reasonable limits. Reference is made to § 2 (1) of these Terms and Conditions.
(3) Consumers may choose whether to demand subsequent performance through repair or replacement. The Seller is entitled to refuse the type of subsequent performance chosen if it is possible only at disproportionate cost and the other type of subsequent performance remains available without significant disadvantages for the consumer. For entrepreneurs, the Seller shall initially provide warranty for defects in the goods at its discretion through repair or replacement.
(4) If the subsequent performance fails, the Customer may generally, at their discretion, demand a reduction in the purchase price (price reduction), rescission of the contract (withdrawal), or damages in lieu of performance. In the case of only minor defects, the Customer is not entitled to a right of withdrawal, taking into account the interests of both parties. Instead of compensation for damages in lieu of performance, the Customer may demand reimbursement of futile expenses within the scope of § 284 BGB that the Customer incurred in reliance on receiving the goods and was reasonably entitled to incur. If the Customer chooses compensation for damages in lieu of performance, the limitations of liability pursuant to § 9 (1) of these Terms and Conditions shall apply.
(5) The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, as well as any removal and installation costs, shall be borne or reimbursed by the Seller in accordance with statutory provisions if a defect actually exists. Otherwise, the Seller may demand reimbursement from the Customer for the costs incurred as a result of the unjustified request for defect rectification (in particular inspection and transportation costs), unless the absence of a defect was not recognizable to the Customer. If the Customer is an entrepreneur, subsequent performance shall not include either the removal of the defective item or its reinstallation if the Seller was not originally obligated to perform the installation.
(6) Entrepreneurs must notify the Seller of any obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise, the assertion of a warranty claim is excluded. Timely dispatch or notification is sufficient to meet the deadline. For merchants, § 377 HGB applies.
(7) If the Customer is an entrepreneur, only the Seller’s product description shall be deemed agreed upon as the quality of the goods. Public statements, promotional claims, or advertising by the manufacturer do not constitute a contractual quality of the goods.
(8) The warranty period for consumers is two years from the date of delivery of the goods. Notwithstanding the foregoing, the warranty period for entrepreneurs is one year from the date of delivery. For used goods, the warranty period is also one year from the date of delivery of the goods. The one-year warranty period does not apply if the Seller is guilty of gross negligence, nor in the event of bodily injury or damage to health attributable to the Seller, or in the event of the Customer’s death, in the event of a guarantee, or in the event of supplier recourse pursuant to R 478 and R 479 of the German Civil Code (BGB). The Seller’s liability under the Product Liability Act remains unaffected by this.
(9) Notwithstanding § 8 (8), the standard statute of limitations applies if the Seller has fraudulently concealed a defect.
(10) The Seller does not provide the Customer with any warranties in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected by this.
§ 9 Industrial Property Rights, Legal Defects
(1) The Seller shall be liable to the Customer for infringements of intellectual property rights in connection with the sale of the products, provided and to the extent that such rights—which are valid in the Federal Republic of Germany and published there at the time of delivery by the Seller—are infringed upon during the contractual use of the goods, as follows:
(a) At its discretion and at its own expense, the Seller shall either obtain a right of use for the product, modify the product so that the intellectual property right is not infringed, or replace the product. If this is not possible for the Seller under reasonable terms, the Seller must take back the product against reimbursement of the purchase price.
(b) The aforementioned obligations shall apply to the Seller only if the Buyer immediately notifies the Seller in writing of the claims asserted by the third party, does not acknowledge any infringement, and reserves all defense measures and settlement negotiations to the Seller. If the buyer ceases use of the product for the purpose of mitigating damages or for other important reasons, the Buyer is obligated to inform the third party that the cessation of use does not constitute an acknowledgment of an infringement of intellectual property rights.
(2) Claims by the Buyer are excluded to the extent that the Buyer is responsible for the infringement of intellectual property rights. Claims by the Buyer are further excluded to the extent that the infringement of intellectual property rights is caused by specific requirements of the Buyer, by an application unforeseeable by the Seller, or by the fact that the delivery is modified by the Buyer.
§ 10 Limitations of Liability
(1) In the case of breaches of duty due to slight negligence, liability is limited to the foreseeable, contract-typical, direct average damage based on the nature of the goods. This also applies to breaches of duty due to slight negligence by the Seller’s legal representatives or vicarious agents. The Seller is not liable for slight negligence in the breach of immaterial contractual obligations. However, the Seller is liable for the breach of the Customer’s essential contractual rights. Essential contractual rights are those that the contract is intended to grant the Customer according to the content and purpose of the contract. The Seller is further liable for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer may rely.
(2) The foregoing limitations of liability do not apply to claims by the Customer arising from warranties and/or product liability. Furthermore, the limitations of liability do not apply in cases of fraud, breach of essential contractual obligations, or bodily injury, damage to health, or loss of life attributable to the Seller.
(3) The Seller is liable only for its own content on the website of its online store. To the extent that links provide access to other websites, the Seller is not responsible for the third-party content contained therein. The Seller does not adopt such third-party content as its own. If the Seller becomes aware of illegal content on external websites, it will immediately block access to those sites.
§ 11 Governing Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies. For consumers who do not enter into the contract for commercial purposes, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(2) 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 this contract is the court having jurisdiction at the Seller’s place of business, unless an exclusive place of jurisdiction applies. However, the Seller is also entitled to sue the merchant at the court of the merchant’s place of residence or business. Jurisdiction based on an exclusive venue remains unaffected by this.
§ 12 Notice of Right of Withdrawal
First, we would like to inform you that in the event of a return, you may use the return label that is either included with your order or that you can print from your Customer account. If you do not have access to a printer, are having difficulty downloading the return label, or need a new return label, you can also request one through our Customer service (contact information: sales@meltem.com).
(1) If you are a consumer, you have a statutory right of withdrawal. If you return the goods to us within the withdrawal period without giving any reason, we will treat this as an exercise of your right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
(2) To exercise your right of withdrawal, you must inform us (Meltem GmbH, Am Hartholz 4, D-82239 Alling, Germany, email address) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may submit the withdrawal form or another unambiguous statement. If you make use of this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
(3) If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
You must return the goods to us or hand them over to without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period expires. We will bear the cost of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, properties, and functionality.
You bear the direct costs of returning the goods.
(4) There is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs.
(5) The right of withdrawal expires prematurely for contracts regarding the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(6) Sample Withdrawal Form
The following form may be used to declare the withdrawal, although it is not mandatory:
We provide information about the model withdrawal form in accordance with the statutory provisions as follows:
(If you wish to withdraw from the contract, please fill out this form and return it.)
To Meltem GmbH, Am Hartholz 4, 82239 Alling near Munich, Germany, Tel.: +49 (0) 8141 3690-0, Email:sales@meltem.com