1. Scope
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
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 or her commercial or self-employed professional activity.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with MIAMART s.r.o.
When the products are placed in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending 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 submitting 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: German, English
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. Terms of delivery
We deliver free of shipping costs.
We only deliver by mail order. Unfortunately, self-collection of the goods is not possible.
5. Payment
In our shop, the following payment methods are generally available to you:
Prepayment
If you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
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SEPA direct debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited before the goods are dispatched.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.
PayPal can offer registered PayPal customers and those selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will find further information on the respective payment option and in the order process.
PayPal
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal after you have received the goods.
PayPal can offer registered PayPal customers who have been selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). The account will be debited before the goods are dispatched.
Purchase on account via PayPal and Ratepay
Purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").
Instant by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt.
giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimise yourself with your access data and confirm the payment instruction.
6. Retention of title
The goods remain our property until full payment has been made.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent 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.
8. Warranty and guarantees
8.1 Liability for defects
The statutory liability for defects applies.
8.2 Guarantees and after-sales service
For information on any additional warranties that may apply and their precise terms and conditions, please refer to the product in each case and to special information pages in the online shop.
9. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited
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- in the event of injury to life, body or health,
- in the event of wilful or grossly negligent breach of duty,
- in the case of promises of guarantee, insofar as agreed, or .
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10. Code of Conduct
We have subscribed to the following codes of conduct:
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
AGB created with the Trusted Shops legal text