Terms of Service

General Terms and Conditions

Table of Contents

  • Scope of Application

  • Conclusion of Contract

  • Right of Withdrawal

  • Prices and Payment Conditions

  • Delivery and Shipping Conditions

  • Retention of Title

  • Liability for Defects

  • Liability

  • Redemption of Promotional Vouchers

  • Redemption of Gift Vouchers

  • Applicable Law

  • Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of
Menza (hereinafter “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller relating to the goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In this case, the Seller owes not only the delivery of the goods but also the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 These GTC apply accordingly to the purchase of vouchers unless expressly agreed otherwise.

1.4 These GTC also apply accordingly to contracts for the delivery of vouchers unless expressly agreed otherwise.

1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.6 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive; or

  • by delivering the ordered goods, whereby receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the order has been placed.

If several of these alternatives occur, the contract is concluded at the time when one of these alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s terms of use. By selecting a PayPal payment method, the Seller already declares acceptance of the Customer’s offer at the moment the Customer clicks the order completion button.

2.5 After conclusion of the contract, the contract text is stored by the Seller and sent to the Customer in text form (e.g. email). Further access to the contract text is not provided. If the Customer has created a user account before submitting the order, the order data can be accessed free of charge via the password-protected user account.

2.6 Before submitting a binding order, the Customer can identify and correct input errors by carefully reviewing the information displayed on the screen. Browser zoom functions may assist in identifying errors.

2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided is correct and that emails from the Seller can be received.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further details on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the product description.

4.2 The Customer may choose from the payment methods offered in the Seller’s online shop.

4.3 For deliveries outside the European Union, additional costs may arise which are borne by the Customer (e.g. bank fees, customs duties, import taxes).

4.4 If advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract unless otherwise agreed.

4.5 If the payment method “PayPal Credit” is selected, the Seller assigns the claim to PayPal. The Seller remains responsible for general customer inquiries.

5) Delivery and Shipping Conditions

5.1 Goods are delivered to the delivery address specified by the Customer within the delivery area specified by the Seller.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the costs of unsuccessful delivery, unless the right of withdrawal has been validly exercised.

5.3 Self-collection is not possible for logistical reasons.

5.4 In the event of non-availability of goods, the Seller reserves the right to withdraw from the contract and will refund any payments made.

6) Retention of Title

If the Seller makes advance delivery, ownership of the goods remains with the Seller until full payment of the purchase price has been made.

7) Liability for Defects

7.1 Statutory liability for defects applies unless otherwise stated.

7.2 If the Customer is an entrepreneur:

  • the Seller may choose the type of subsequent performance;

  • the limitation period for defects in new goods is one year;

  • claims for defects in used goods are excluded.

7.3 These limitations do not apply to damages, fraudulent concealment, mandatory liability, or digital product updates.

7.4 Statutory recourse claims remain unaffected.

7.5 Merchants are subject to the duty of inspection and notification pursuant to § 377 HGB.

7.6 Consumers are requested to report obvious transport damage, without affecting statutory rights.

8) Liability

8.1 The Seller is fully liable for intent, gross negligence, injury to life, body or health, guarantees, and mandatory liability.

8.2 In the event of negligent breach of essential contractual obligations, liability is limited to foreseeable damages typical for the contract.

8.3 Any further liability is excluded.

8.4 These provisions also apply to legal representatives and agents.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued free of charge can only be redeemed in the Seller’s online shop within the specified period.

9.2 Certain products may be excluded.

9.3 Multiple promotional vouchers may be redeemed per order.

9.4 No cash payout or interest is granted.

9.5 Promotional vouchers are not refunded in case of withdrawal.

9.6 Vouchers are non-transferable.

10) Redemption of Gift Vouchers

10.1 Gift vouchers purchased in the online shop can only be redeemed there.

10.2 Gift vouchers are valid until the end of the third year following purchase.

10.3 Redemption is only possible before completing the order.

10.4 No cash payout or interest.

11) Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory consumer protection laws of their country of residence remain unaffected.

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.