Terms and conditions


Conditions

Terms of Service

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with mirifica UG.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can put our products initially without obligation in the shopping cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.

When the contract is concluded with us, depends on the payment method you have chosen:

Payment in advance

We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.

Credit card

By submitting the order, you also transmit your credit card information to us at the same time. After your legitimacy as a legitimate cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.

PayPal

In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Cash on pickup

We accept your order by sending a declaration of acceptance in separate e-mail within two days.

3. Contract language, contract text storage

The languages ​​available for the contract are German and English.

We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions here on this page. You can see your past orders in our customer login.

4. Terms of delivery

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.

You have the option of picking up at mirifica UG, Holzweg, 32257 Bünde, Germany for the following business hours: by appointment.

5. Payment

In our shop you can basically use the following payment methods:

Payment in advance

If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.

Credit card

By submitting the order, you also transmit your credit card information to us at the same time. 
After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card. 
There are plus 1.5 percent of the purchase price as a cost.

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 first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. 
The payment transaction is carried out automatically by PayPal after sending the goods. You'll get more information during the ordering process. 
PayPal: There are plus 3.5 percent of the purchase price as a cost.

Cash on pickup

You pay the invoice amount when picking up cash.

6. Retention of title

The goods remain our property until full payment. 
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.

7. Transport damage

For consumers applies: 
If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.

For entrepreneurs: 
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless explicitly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. 
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected. 
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement). 
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • in violation of life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed
  • as far as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

Customer service: You can contact our customer service for any questions, complaints and complaints on weekdays from 8:00 to 18:00 on the phone number 05223 9789 322 as well as by e-mail at store@mirifica.de.

9. Liability

We are always fully liable for claims due to damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • with guarantee promise, as far as agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/ . 
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board. 
Responsible is the General Consumer Arbitration Center of the Center for Arbitration eV, Strassburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de .

11. Final provisions

If you are an entrepreneur, then German law applies excluding the UN sales law.

Are you a merchant within the meaning of the Commercial Code, legal entity under public law or 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.

Version 4.1.3 from 09.10.2017