AGB

General Terms and Conditions of mikiGREEN® Online Shop

scope

1. These general terms and conditions of sale (hereinafter: "GTC") apply to all contracts concluded via our online shop between us, mikiGREEN®, Elke Sparre, Elsternweg 44, D-85757 Karlsfeld, (hereinafter: "mikiGREEN®", "we" , "us") and you as our customer (hereinafter: "customer", "you", "you"). The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
2. All agreements made between you and us in connection with the purchase contract, including gift vouchers, result in particular from these terms of sale, our written order confirmation and our declaration of acceptance.
3. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
4. We cannot accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
   
   

conclusion of contract

1. The presentation and advertising of articles in our mikiGREEN® online shop do not constitute a binding offer to conclude a purchase contract.
2. By sending an order via the shopping cart of the mikiGREEN® online shop by clicking on the "Pay now" button, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right, if any, to cancel your order (Right of withdrawal), remains unaffected.
3. We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
4. A contract is only concluded when we accept your order with a declaration of acceptance or by delivering the ordered items.
5. If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
   
   

right of withdrawal

1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
2. If you, as a consumer, make use of your right of withdrawal according to section 3.1, you have to bear the regular costs of the return.
3. Otherwise, the regulations that apply in detail to the right of withdrawal apply Right of withdrawal are reproduced.
   
   

Delivery and shipping conditions and reservation of payment in advance

1. The goods are delivered to the delivery address you specified in our checkout process. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, you will bear the costs for the unsuccessful shipment. For logistical reasons, you cannot pick it up yourself.
2. We are entitled to make partial deliveries if this is reasonable for you.
3. The delivery period is usually around five (5) working days, unless otherwise agreed or stated in the respective product presentation in the mikiGREEN® online shop. It begins - subject to the regulation with the conclusion of the contract.
4. For orders from customers who live or have their place of business abroad, please note the special conditions for the possible countries and possibly different shipping costs and times. In the case of deliveries abroad or if there are justified indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
5. You also have the option of purchasing gift vouchers; these will be given to you by email or download. You can find out more about the conditions for gift vouchers under Gift vouchers.
   
   

prices and shipping costs

1. All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
2. The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs is also displayed in the order form before you send the order.
3. If we fulfill your order according to section 4.1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.
4. If you revoke your contractual declaration effectively, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs) (cf. other consequences of revocation and the declaration of revocation).
   
   

Terms of Payment and Set-off and Right of Retention

1. You can pay the purchase price and the shipping costs according to your choice using the payment methods specified in the mikiGREEN® online shop. The payments are processed with us by the payment service provider you have selected.
2. If you select the "PayPal" payment method, you will be forwarded to PayPal and the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires i.a. requires that you have or register for a PayPal account.
3. If you select a payment method offered via the "Shopify Payments" payment service, including Google Pay, Apple Pay or the specified credit cards, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ( hereinafter "Stripes"). You will be informed of the individual payment methods offered via Shopify Payments in the mikiGREEN® online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which you may be referred separately. In particular, Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative. More information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de available. You transmit your credit card data as part of the transaction and after appropriate legitimation, the payment transaction is automatically carried out by your credit card company. Your credit card will be charged without any additional transaction costs being incurred by us.
4. You are not entitled to offset against our claims; unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
5. As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.
   
   

retention of title

The delivered goods remain our property until the purchase price has been paid in full.

warranty

1. We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2. Any seller guarantees given by us for certain articles or manufacturer guarantees granted by the manufacturers of certain articles shall come into effect in addition to the claims for material defects or defects of title within the meaning of Section 8.1. Details of the scope of such guarantees can be found in the guarantee conditions, which may accompany the items.
3. We ask you to complain about delivered goods with obvious transport damage to the delivery agent and to inform us of this. If you do not do this, this will have no effect whatsoever on your statutory or contractual claims for defects.
   
   

Liability

1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses. In other cases, we are only liable - unless otherwise agreed - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), and limited to replacing the foreseeable and typical damage. In all other cases, our liability is conditionally excluded.
2. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
   
   

gift vouchers

1. Gift vouchers that are purchased via the mikiGREEN® online shop can only be redeemed in the mikiGREEN® online shop, one gift voucher per purchase or order.
2. Gift vouchers can only be redeemed before completing the ordering process as part of the checkout in the shop system. Unfortunately, subsequent settlement is not possible. Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of voucher purchase and expire thereafter; it is not possible to purchase another gift voucher by redeeming it.
3. If the value of the gift voucher is not sufficient to cover the full purchase price of the order, one of the other payment methods offered in the mikiGREEN® online shop can be selected to settle the difference.
4. The balance of a gift voucher is neither paid out in cash nor does it earn interest. We are entitled, but not obliged, to check the material entitlement of the respective voucher holder.
   
   

copyrights

Applicable Law and Jurisdiction

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and your usual place of residence is in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, i.e. Munich. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
3. Insofar as the contract or these General Terms and Conditions contain loopholes, the legally effective regulations that the contracting parties would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known of the loopholes shall be deemed to have been agreed to fill these gaps.
4. The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.