GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
- Scope of Application
- Intellectual Property
- Conclusion of the Contract
- Purchasing Muesli Master Products
- Right to cancel
- Price and Delivery Costs
- Shipment and delivery conditions
- Liability for defects
- Law and jurisdiction
- Information about online dispute resolution
1. SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company Muesli Master Ltd (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client” and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
1.3 The Muesli Master Vending Machines and Muesli Master Online Store reserves the right to: modify or withdraw, temporarily or permanently, The Muesli Master Vending Machines and Muesli Master Online Store (or any part thereof) with or without notice to you; The Muesli Master Vending Machines and Muesli Master Online Store shall not be liable to you or any third party for any such modification or withdrawal; and/or Change the Conditions from time to time, and your continued use of The Muesli Master Vending Machines and Muesli Master Online Store (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using The Muesli Master Vending Machines and Muesli Master Online Store.
1.4 If the Muesli Master Vending Machines and Muesli Master Online Store should change these Conditions, your order will be subject to the Terms and Conditions at the Date and time of you placing your order. Copies of the appropriate T&C can be requested by email from firstname.lastname@example.org. If any part of the Conditions is declared unlawful or unenforceable, then that provision shall be deemed deleted from the Conditions and the remaining provisions of the Conditions shall remain in full force and effect. English law applies to these Conditions and any dispute relating to the Conditions shall be settled by the English courts.
This site is operated by Muesli Master Ltd.
By accessing and using the website, our app and/or our vending machine, you explicitly agree to the following terms and conditions
2) Intellectual Property
2.1 The content of this site, including the trademarks, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong to
By submitting User Material to Muesli Master, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your own content. You agree to grant Muesli Master a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for Muesli Master to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by Muesli Master in accordance with these Terms.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop/app and or vending machine do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller’s online shop, via the app or in person. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client’s offer within five days if the product if purchased online. The order is accepted automatically when the order is made via the app or in person. The order is confirmed by:
- transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
• delivering ordered goods to the Client or in the situation when the Client picks the ordered goods personally; insofar receipt of goods by the Client is decisive, or
• requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer online shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. The contract text may not be called up by the Client on the Seller’s website following conclusion of the order process.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function online, via the application or personally on the touch screen of a vending machine prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
- Purchasing Muesli Master Products
2.1 Eligibility to order criteria: You may only purchase products available for sale and details of which appear on Muesli Master Vending Machines or Muesli Master Vending Machines and Muesli Master Online Store; and for personal use, either by yourself or by your intended recipient(s) of the products. Muesli Master reserves the right to decline any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Muesli Master Vending Machines and Muesli Master Online Store.
2.2 Details of the products available for purchase (including their price) are set out on Muesli Master Vending Machines and Muesli Master Vending Machines and Muesli Master Vending Machines and Muesli Master Online Store. The Muesli Master Ltd takes all reasonable care to ensure that all details, descriptions and prices of products appearing on Muesli Master Vending Machines and Muesli Master Online Store are correct at the time when the relevant information is placed onto Muesli Master Vending Machines and Muesli Master Online Store. Although every effort is made to keep Muesli Master Vending Machines and Muesli Master Online Store as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.
3. RIGHT TO CANCEL
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation are provided in the Seller’s instruction on cancellation.
4. PRICE AND DELIVERY COSTS
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5. SHIPMENT AND DELIVERY CONDITIONS
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.5 Collection by the Client is not possible for logistical reasons.
6. LIABILITY FOR DEFECTS
Should the object of purchase be deficient, statutory provisions shall apply.
6.1 If the Client is a trader
- a marginal defect shall generally not constitute claims for defects,
• the Seller may choose the type of subsequent performance,
• for new goods, the limitation period for defects shall be one year from transfer of risk,
• for used goods, rights and claims for defects are generally excluded,
• the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
6.2 If the Client is a consumer and he use his short-term right to reject the product, he has to return the product at his cost.
6.3 For traders, the aforementioned limitations of liability and the restrictions of limitation periods in Section 6.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 7.
6.4 Furthermore, for traders the statuary limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
6.5 If the Client is a businessperson, he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved.
6.6 The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
7.1 The Seller shall face unlimited liability
- in case of intent or gross negligence,
• in case of injuries of life, body or health resulting from intent or negligence,
• in case of a promise of guarantee, unless otherwise provided,
• in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
7.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Client can regularly rely.
7.3 For the rest the Seller’s liability is excluded.
7.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
7.5 Limitation of Liability
The information specified on this website and our app is only intended for general informative purposes. The information provided may not be considered as legal or other professional advice. Accordingly, no actions should be taken based on this information without prior advice of an expert.
You use our services at your own risk. Our services are provided “AS IS”, without any warranties. We make great effort to ensure that the information is complete, accurate and updated. Despite these efforts, inaccuracies may occur in the provided information. If there are inaccuracies or if certain information on the site or in the app would be unavailable, we will undertake the greatest effort to rectify this as quickly as possible.
Muesli Master will not be held liable for direct or indirect damage arising from the use of the information on this site or app.
If you find inaccuracies in the information provided on the site or app, you can contact us via the contact form.
The content of the site (including links) may be modified or supplemented by Muesli Master at any time without notice. Muesli Master cannot be held liable for any malfunction or temporary unavailability of the website or app or for any form of direct or indirect damage arising from the use of our services.
This website may contain hyperlinks to websites or third-party pages or refer indirectly to it. The placement of such links to these websites or pages does not imply any implicit approval of their content.
Muesli Master declares that it has no control over the content or other features of these third-party websites and cannot be held liable for the content or its characteristics or for any other form of damage through its use.
Muesli Master cannot be held liable for any damage due to the use of our services, in particular as a result of links or hyperlinks.
8. LAW AND JURISDICTION
8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
9. INFORMATION ABOUT ONLINE DISPUTE RESOLUTION
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
INSTRUCTIONS FOR CANCELLATION & CANCELLATION FORM
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. INSTRUCTIONS FOR CANCELLATION
RIGHT TO CANCEL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Muesli Master Ltd, Ingenuity centre, Jubilee Campus, University of Nottingham, NG7 2TU, Nottingham, United Kingdom, E-Mail: email@example.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
EXCLUSION AND/OR PREMATURE EXPIRATION OF THE RIGHT TO CANCEL
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. CANCELLATION FORM
If you wish to cancel this contract, please complete and submit this form.
Muesli Master Ltd
Ingenuity centre, Jubilee Campus,
University of Nottingham, NG7 2TU,
Nottingham, United Kingdom
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate