Terms of service

General Terms and Conditions

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  1. Scope

The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.


Consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts on conclusion of a legal transaction in exercise of their commercial or independent professional activity.

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In relation to entrepreneurs, these GTC also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to this.

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  1. Contracting party, conclusion of contract
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LeMelo Sportnahrungs GmbH uses the services of its partner HKS health solutions GmbH Austria, Gewerbestraße 32, 5211 Lengau, Austria for the handling of the online store. Hereinafter referred to as HKS. The purchase contract is concluded with HKS.

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With the setting of the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place the products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

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  1. Contract language, contract text storage
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The languages available for the conclusion of the contract are German and English. We store the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

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  1. Terms of delivery

In addition to the stated product prices may still be shipping costs. You can find out more about shipping costs in the offers. We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.

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  1. Payment

In our store, the following payment methods are generally available:

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Credit card

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When you submit your order, you are also submitting your credit card information to us. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order is placed. The payment transaction is automatically carried out by the credit card company and your card is charged.

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PayPal

In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

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Instantly by klarna

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After placing the order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately thereafter by Sofort and your account debited.

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Invoice

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You pay the invoice amount after receiving the goods and the invoice by bank transfer to the bank account of HKS. HKS reserves the right to offer purchase on account only after a successful credit check.

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  1. Retention of title

LeMelo Sportnahrungs GmbH uses the services of its partner HKS health solutions GmbH Austria, Gewerbestraße 32, 5211 Lengau, Austria for the handling of the shipping business. Hereinafter referred to as HKS. HKS is responsible for the provision, shipment and order and payment processing of the products. The goods remain the property of HKS until full payment of the purchase price and all related costs and expenses.

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For entrepreneurs, the following shall apply in addition: HKS shall retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to HKS in advance all claims arising from such resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and HKS accepts such assignment. You shall remain authorized to collect the claims, but HKS may also collect claims itself insofar as you fail to meet your payment obligations.

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  1. Warranties and guarantees
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The statutory liability for defects shall apply. Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

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  1. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

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in case of injury to life, body or health,

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in case of intentional or grossly negligent breach of duty,

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in case of warranty promises, if agreed, or

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to the extent that the scope of application of the Product Liability Act is opened.

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In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

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  1. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/. To participate in a dispute resolution procedure before a consumer arbitration board, we are not obliged and not willing.

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  1. Final provisions

If you are a businessman, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

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AGB created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.