1. SCOPE OF APPLICATION
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTIONThe contract of sale is concluded with MishkiYaku.With the placement of the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: GermanWe store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.
4. DELIVERY TERMSIn addition to the stated product prices, shipping costs may still be incurred. You have the possibility to pick up your order at Robert Petzold, Wenckebachstr. 4, Berlin, Germany during the following business hours: 4 daysWe do not deliver to packing stations.
5. PAYMENTIn our shop you can choose between the following payment methods:Credit cardWhen placing your order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
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, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Giropay
Once you have placed your order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
Cash payment upon collection
You pay the invoice amount in cash upon collection.
6. RIGHT OF CANCELLATION
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of revocation.
7. RETENTION OF PROPERTY
The goods remain our property until full payment has been made.For entrepreneurs, the following also applies: We retain ownership of the goods until full payment 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 us in advance all claims arising from this 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 we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: hello@mishkiyaku.com
10. LIABILITY
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, insofar as agreed, or
- In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance 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 shall be excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. CONCLUSIONSIf you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
AGB erstellt mit rechtstexter.de [https://legal.trustedshops.com /legalwizard].
