1.1. For the business relationship between the company Mentil&Ly Snacks4you, inh. Ly (hereinafter “Seller”) and the customer (hereinafter “Customer”) exclusively apply the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach us for questions, complaints and objections by email at firstname.lastname@example.org.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural or legal person who can conclude a legal transaction for a specific purpose (§ 13 BGB).
1.4. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee. All offers are valid while stocks last".
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button.
3.2 The customer can then proceed to complete the ordering process using the [Continue to checkout] button in the shopping cart.
3.3. Using the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or arranges for shipment of the ordered product to the customer within 4 days confirmed to the customer within 4 days with a second email, express order confirmation or sending of the invoice.
3.5. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
5. Delivery, availability of goods
5.1. If no copies of the product selected are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments the customer may have already made. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process.
6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. If third-party providers are commissioned to process payments, e.g. Paypal or Twint, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided.
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
9.2. Unlimited liability is expressly excluded by the seller,
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Right of withdrawal/right of return
– Beginning of the cancellation policy for consumers –
Right of withdrawal
The right of return due to dissatisfaction is completely excluded. If the ordered goods arrive incomplete, this must be reported within 24 hours using the contact form. If the deadline of 24 hours expires, the goods are deemed to have been definitely accepted. (For more information see return policy)
– End of the cancellation policy for consumers –
11. Data Protection
11.1. The seller processes the customer's personal data for a specific purpose and in accordance with legal regulations.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a statutory retention requirement to the contrary.
11.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
16. Place of jurisdiction, applicable law, contract language
16.1. The place of jurisdiction and place of performance is the seller's registered office (Binningen, Baselland).
16.2. Swiss law applies.
16.3. The contract language is German.