General Terms and Conditions of Business
1.1. The following General Terms and Conditions of Business (T&Cs) apply to purchase contracts that you as a buyer conclude with us as a seller (MiAMiN.com, Managing Director Bernhard Erdl) via the website www.miamin.com. Our T&Cs apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. Individual agreements reached with you in specific cases shall in all cases take precedence over these T&Cs. For evidential purposes, these should be in written form (e.g. by e-mail).
1.2. The product range in our online shop is aimed at both consumers and entrepreneurs alike, although only at end users and only in the quantities normally ordered by households. For the purposes of these T&Cs, a "consumer" is understood to be any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity (Article 13 of the German Civil Code – BGB) and an "entrepreneur" is understood to be a natural or legal person, or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his/her/its commercial or independent professional activity (Article 14 (1) BGB).
- Conclusion of contract
2.1. Our offers in the online shop are non-binding.
2.2. By placing a purchase order in the online shop, you make a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.
2.3. Upon receipt of the offer, we will send you a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to you (by e-mail) or dispatch the goods. The purchase contract is only concluded with our acceptance.
2.4. If you are a consumer, you can revoke your offer in accordance with the special revocation instructions pursuant to section 11 of the T&Cs or the information on our website.
2.5. Our website is available in German and English. You can set the language in the navigation itself. The German version of the T&Cs shall be decisive for the conclusion of the contract. The English version is only a translation.
3.1. The prices include the respective legally applicable value added tax. Shipping and packaging costs as well as customs duties and similar charges shall be invoiced to you separately.
3.2. We only accept the payment methods displayed during the ordering process.
3.3. Payment of the purchase price is due immediately upon conclusion of the contract.
- Offsetting, right of retention
You are only entitled to offset your claims against our claims if your claims have been legally established, if we have acknowledged them or if your claims are undisputed. You are also entitled to offset your claims against our claims if you submit notices of defects or assert counterclaims from the same purchase contract.
As a buyer, you are only permitted to exercise a right of retention if your counterclaim is based on the same purchase contract.
- Delivery and shipping conditions
5.1. The periods and dates stated by us for the dispatch of the goods and all delivery periods stated or otherwise agreed by us are always only approximate and are therefore non-binding.
5.2. If the goods are not available for delivery, or not available for delivery in time, we will inform you immediately. In this case, we reserve the right to withdraw from the contract. In the event of a cancellation, we will immediately refund any payments made to us.
5.3. We are entitled to make partial deliveries and render partial performance at any time, provided that this is reasonable for you.
5.4. Unless expressly agreed otherwise, we shall determine the mode of dispatch and the transport company at our reasonable discretion.
5.5. The risk of accidental destruction, accidental damage or accidental loss shall pass to you, if you are a consumer, at the time the goods are delivered to you or you are in default of acceptance.
5.6. If we incur additional shipping costs due to an incorrect delivery address or an incorrect addressee having been provided, or due to an impossibility of delivery of the goods, you shall be responsible for reimbursing these costs, unless the incorrect information is not attributable to you or you were temporarily prevented from accepting the performance. This shall not apply if we had given you reasonable prior notice of the delivery.
6.1. The statutory liability for defects shall apply.
6.2. We ask you, as a consumer, to check the products immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible.
However, your statutory right to assert warranty claims shall remain unaffected even if you do not comply with this request. Nevertheless, by doing so you will help us to be able to assert our own claims against the forwarder or under the transport insurance policy.
7.1. For claims based on damage caused by us, by our legal representatives or by our vicarious agents, our liability is always unlimited in the following cases:
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of promises of guarantee, if agreed, or
- insofar as the matter falls within the scope of application of the German Product Liability Act.
7.2. In the event of the slightly negligent breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the purchaser may regularly rely (cardinal obligations), by us, by our legal representatives or by our vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time when the contract was concluded, and the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
- Retention of title
The goods remain our property until full payment of the purchase price.
- Promotions and discounts
All promotions are valid while stocks last. If products ordered at a discount are no longer available, we reserve the right to cancel the order and refund any outstanding amounts.
- Revocation policy
10.1 Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of revocation, you must inform MiA MiN GmbH, Bruderstrasse 2, 80538 München, Germany, phone:+49 (0)89 20061481, e-mail: email@example.com, by means of a clear declaration (e.g. an e-mail or a letter sent by post) of your decision to revoke this contract. In order to comply with the cancellation period, it is sufficient for you to send the notification that you are exercising your right of revocation before the expiry of the revocation period.
10.2 Consequences of revocation
If you revoke this contract, we shall refund all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment. We may refuse to make the repayment until we have received the goods back from you or until you have provided proof that you have returned the goods, whichever is the earlier.
You shall return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline shall be deemed to have been met if you send the goods before the expiry of the period of fourteen days.
We request that you return the goods to us in the original packaging if possible, and that you handle them with care.
You shall only be obliged to pay for any loss in value of the goods if this loss in value is due to handling of the goods to an extent that is not necessary for evaluating the quality, characteristics and functioning of the goods.
- Selection of law, place of performance, place of jurisdiction
11.1. The law of the Federal Republic of Germany shall apply. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
11.2. The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.
11.3. If you are a merchant within the meaning of Article 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Munich shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, either party shall be entitled to bring an action before any court having jurisdiction based on statutory regulations.
- Alternative dispute resolution
12.1. The European Commission provides a platform for extrajudicial Online Dispute Resolution (ODR platform).
12.2. We are not legally obligated and also not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Edition: August 2021
© MiAMiN 2021