Terms and Conditions

1. Applicability

2. Contract

3. Prices

4. Product Presentation

5. Payment

6. Delivery of Goods

7. Retention of Title

8. Customer´s Right to Cancel the Contract

9. Warranty

10. Liability

11. Disclaimer of Liability for Internet Links

12. Privacy

13. Intellectual Property

14. Invalidity

15. Governing Law

16. Whole Agreement

17. Supplier Identification

 

1. Applicability: These Terms and Conditions of Sale shall apply exclusively to all orders made by private customers to MIROÏKE GbR - referred to henceforth as MIROÏKE. Any ancillary agreements shall not apply except if expressly agreed upon in writing.

2. Contract: The products and goods shown in the website solely represent a business brochure. By her or his order the customer is submitting first initial offer. The prices payable and the conditions applicable for goods are as set out in the MIROÏKE website at the time of submitting the order form. The customer will then get a notice of reception which only informs that the order has been received. The delivery of the goods marks the conclusion of the contract. Place of performance is Berlin. MIROÏKE reserve their right to refuse the order at their free discretion. In such case the customer will be notified without undue delay. Customers can purchase only the products and goods that are set out in the website as long as they are in stock. Should a product set out in the website be out of stock the customer will be informed about this via e-mail. In such case received payments will be promptly returned. MIROÏKE sells only to adults of full age.

3. Prices: Prices set out in the website are in EURO including the applicable VAT. Tax rate and corresponding amount are stated in the invoice. Costs of delivery and packaging are extra and can be seen in the customer information section.

4. Product: Presentation MIROÏKE tries to present and describe all products as realistic as possible. Nevertheless colours of pictures and colours of products may differ due to the respective settings and various types of hardware.

5. Payment: The price of purchase is due immediately upon notice of acceptance or successful delivery. The full price is to be paid in advance or using Paypal. To pay in advance or by Paypal the sum indicated on the bill of order is to be submitted to MIROÏKE’s account using the order number given. The delivery of any goods is made upon receipt of the respective payment. Should payment not be carried out in due time and after repeated reminder (which is made on every 14th day after confirmation of order) until the passing of 3 weeks after confirmation of order MIROÏKE revoke their contract agreement at which point the order is void and MIROÏKE have no obligation of delivery. The order is thereby settled for both parties with no additional consequences. Thus a reservation of any goods may not be longer than the above-mentioned 3 weeks.

6. Delivery: of Goods MIROÏKE will deliver the goods ordered by the customer to the address given by the customer for the delivery at the time the customer made the order. Delivery is not possible to post office boxes. Delivery dates are non-binding exceptions must be expressly agreed upon by both parties. MIROÏKE reserve the right to deliver any order in parts if such handling appears to be appropriate for a quick delivery. Should a delivery become impossible MIROÏKE will inform the customer without undue delay. MIROÏKE shall have no liability to the customer for any failure to deliver goods the customer has ordered or any delay in doing so or for any damage except in case of intent or gross negligence on the part of MIROÏKE. In case of delivery to states outside the European Union additional custom dues and fees are to be paid by the customer.

7. Retention: of Title MIROÏKE retains title to the goods until receipt of all payments in full.

8. Right of return: Customer may return goods received without needing to give any reason within two weeks by sending the goods back to MIROÏKE. The period within which the goods can be returned will commence by the date the customer has received an instruction in writing (e.g. as a letter, Fax or e-mail), but not before having received the goods and also not before the performance of obligations under sect. 312e par. 1 sent. 1 BGB, sect. 3 BGB-InfoV by MIROÏKE. Only in case of goods not suitable for parcel (e.g. bulky goods) the customer may also cancel the contract by mere written notice. To comply with the requirement of time it is sufficient to dispatch the goods or to send the notice within the time. The return of goods will be at the cost and risk of MIROÏKE. Unless the goods delivered match what has been ordered or if the price of the goods to be returned is less than 40 Euro. Goods acquired at a reduced price may not be returned, however, they may be exchanged for a model of different size if delivery is possible. The same applies to custom made goods and goods made upon customer request. The return of goods or the notice of cancelling have to be sent to the listed address of the supplier identification. In case of a valid return all goods and services received by both parties must be returned and utilizations (e.g. value of use) have to be surrendered. In case of a deterioration of goods compensation may be claimed. This does not apply if the deterioration of goods is caused merely by their inspection – like it would have been possible in a shop. The customer can avoid the obligation to return utilization for a begin of use under the provisions of the law by not using the goods and omitting all actions affecting the value of the goods. Obligations to return payments have to be met within 30 days. This period will commence for the customer by the date of dispatching the goods or sending the notice, for MIROÏKE by the date of receiving such.

9. Warranty: If the goods delivered by MIROÏKE are damaged or defective the customer may demand replacement or repair. MIROÏKE may at their discretion decide for a replacement if repair is out of proportion.

The customer has to notify MIROÏKE of the damage or defect by sending a copy of the invoice, her or his name and address, and a short summary of the problem to

the listed address of the supplier identification Upon demand by MIROÏKE the customer has to return the goods for inspection at MIROÏKE´s cost to the listed address of the supplier identification

10. Liability: Any liability is limited to cases of intent or gross negligence on the part of MIROÏKE except in cases of injury to life, body or health. This also applies for the personal liability of employees, representatives or persons used to perform an obligation on the part of MIROÏKE. This does not apply to any claims or titles based on the German product liability law (Produkthaftungsgesetz). Data communication via internet may be incorrect or out of service; any liability for the operation or accessibility of the online-shop or its functions is excluded.

11. Disclaimer: of Liability for Internet Links MIROÏKE express and declare that they have no influence on the design and contents of websites linked to in this website and that they distance themselves from the contents of such websites. This declaration applies to all listed links and contents such links are leading to.

12. Privacy: All data submitted by customer will be used by MIROÏKE according to the rules of German laws on privacy and data protection. Personal data are used and processed only for the purpose of the performance of your order and only to that extent as they are necessary for bringing into existence the contract, to formulate its content or its changes (stock data). MIROÏKE strictly refrains from any other use or processing of your personal data, especially for use of marketing or market research.

13. Intellectual Property: Copyright subsists in all contents and pictures in this website. All contents or pictures may be published, reproduced or circulated only with prior written consent by MIROÏKE.

14. Invalidity: If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which MIROÏKE excludes its liability to the customer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.

15. Governing Law: The contract between MIROÏKE and the customer shall be governed by and interpreted in accordance with German law and the German courts shall have jurisdiction to resolve any disputes between the parties.

16. Whole Agreement: These Conditions, together with MIROÏKE´s current website prices, delivery details, contact details and privacy policy, set out the whole of the contract relating to the supply of the goods to the customer by MIROÏKE. Nothing said by any sales person on behalf of MIROÏKE should be understood as a variation of these Conditions or as an authorized representation about the nature or quality of any goods offered for sale by MIROÏKE. Save for fraud or fraudulent misrepresentation, MIROÏKE shall have no liability for any such representation being untrue or misleading. No variation of or amendment to these Conditions shall bind either party unless made in writing and signed by the authorised representatives of both parties.

17. Supplier Identification:

MIROÏKE
Glogauer Str. 6
D-10999 Berlin
Tel. 0049 30 44737048
shoponline@miroike.com