1. Offer and Conclusion of Contract
1.1 The product illustrations in the online shop are for informational purposes only and do not constitute a binding offer from Menza.
1.2 By clicking the button “Buy now”, the customer submits an offer for conclusion of a contract (order). The customer shall be bound by his/her offer for a period of 10 days after receipt of the order by Menza.
1.3 After the order has been placed, the Customer will receive an automatic confirmation of the receipt of the order by email (order confirmation). However, this order confirmation and any subsequent status reports shall not constitute an acceptance of the order by Menza. The contract is concluded if Menza has sent a purchase order confirmation to the Customer within 10 days from receipt of the order or delivers the ordered goods and confirms dispatch thereof to the Customer.
1.4 The acceptance of the order by Menza is subject to the condition that the customer enters his/her credit card number, the validity of the card, name of the card holder, card security code and/or CVC (three-digit and/or four-digit number on the backside of the card) as well as the credit card invoice address, consisting of street, house number, postal code, town and country, when payment by credit card is chosen and that the result of the credit card check is positive.
1.5. If the customer has opened a customer account, the wording of the contract will be stored by Menza in the customer account. In his/her account, the customer may view, store and print the contract. If the customer has not opened a customer account, the wording of the contract will not be stored by Menza and can no longer be retrieved, viewed or stored by the customer after conclusion of the contract.
2. Prices and Terms of Payment
2.1 All prices are stated in Indian Rupees plus shipping costs. The information regarding the national currencies in the calculator merely constitutes a non-binding indication of the price in the respective national currency. Daily exchange rate exchanges are not taken into account. The shipping costs are governed by the provisions under passage 3 “Shipment and transport”.
2.2 The customer may only offset against claims of Menza if the counterclaim of the customer is uncontested or if he/she has a legally binding title. The customer may only assert a right of retention to the extent that it is based on claims under the contract.
3. Shipment and Transport
3.1 The delivery periods for standard shipments within India amount to 5 working days within South India(Kerala, Karnataka, Tamil Nadu, Goa, Andra Pradesh, Telangana) and the rest of the states between 5-10 days. Deliveries of goods by express courier are possible on working days from Monday to Friday.
5.2 Costs of packaging and transport insurance are included in the shipping costs.
5.3 From a value of the goods (incl. VAT) of Rs.5000/-, no shipping costs will be charged to the customer for standard shipments in India.
5.4 For a value of the goods (incl. VAT) below Rs.5000/-, for express shipments and for shipments to States in India, the following shipping costs will be charged to the customer:
a Standard shipment within India: Rs.28 per Kilo
b Express shipment within India: Rs.150/- per kilo
5.5 All Menza trading and service operations are participants in the self-disposal community. They take back all packaging of articles, including those acquired through online distribution, within India at no charge.
6. Reservation of Title
The goods remain the property of Menza until they have been fully paid for.
7. Material defects
In the case of material defects, the statutory laws and claims shall apply.
8.1 In the case of slight negligence, Menza shall only be liable for the violation of duties which are material for the contract (cardinal duties), especially such duties that are intended to be imposed on Menza by contract pursuant to its content and purpose or whose fulfilment enables proper execution of the contract and on whose compliance the Customer relies or may rely under normal circumstances. The liability shall be limited to the foreseeable damage typical for such contracts upon the conclusion of the contract.
8.2 The personal liability of Menza’s legal representatives, employees or vicarious agents for damage caused by them through slight negligence is also restricted to the extent described in clause above.
8.3 The liability of Menza for malicious silence regarding a defect, under the assumption of a warranty or under a procurement risk and under the Product Liability Act shall not be affected. The limitations of liability set out in this section do not apply in the event of an injury to life, limb and health.
9. Applicable laws
This Contract and all disputes arising from or in connection with it shall be subject to Indian law and shall be interpreted, enforced and performed in accordance with Indian law, and all disputes will be lodged for resolution in the State of Kerala. Application of the United Nations Convention on the International Sale of Goods (CISG) is hereby expressly excluded.
Depending on the Customer’s language selection prior to triggering the purchase order, the contract will be concluded in English.
11. Place of Jurisdiction
11.1 The exclusive place of jurisdiction for all present and future claims under a business relationship with merchants, including claims involving checks and promissory notes, shall be Thrissur, Kerala, India.
11.2 The same place of jurisdiction shall apply if the Customer has no usual place of abode in India, transfers his or her residence or usual place of abode from India to a foreign country or if his or her residence or usual place of abode is unknown on the date a suit i