❗ Kunden aus Österreich können direkt auf mikigreen.at einkaufen! 💯

AGB

General Terms and Conditions of mikiGREEN® Online Shop

operated by mzmp GmbH, Elsternweg 44, D-85757 Karlsfeld. Status: 01.08.2021

scope

  1. These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded through our online shop between us, mzmp GmbH, Elsternweg 44, D-85757 Karlsfeld, (hereinafter referred to as "mikiGREEN®", "we", "us") and you as our customer (hereinafter referred to as "customer", "you", "your"). The GTC 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, arise in particular from these terms and conditions 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 any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.

Conclusion of contract

  1. The presentation and promotion of items in our mikiGREEN® online shop do not constitute a binding offer to conclude a purchase contract.
  2. By submitting an order through the shopping cart of the mikiGREEN® online shop by clicking the "Pay Now" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your existing right to withdraw your order (right of withdrawal) remains unaffected.
  3. We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
  4. A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items.
  5. If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. 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 independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
  2. If you as a consumer exercise your right of withdrawal in accordance with Section 3, you will have to bear the regular return shipping costs.
  3. "Furthermore, the regulations that are detailed in the cancellation policy apply to the right of withdrawal."

Delivery and shipping conditions and reservation of advance payment

  1. The goods are delivered via shipping to the delivery address you specified in our purchase process. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, you will bear the costs for the unsuccessful shipping. For logistical reasons, you cannot collect the item 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 specified in the respective product presentation in the mikiGREEN® Online Shop. It begins – subject to the provisions upon conclusion of the contract.
  4. When ordering from customers with a place of residence or business abroad, please note special conditions for possible countries and possibly different shipping costs and times. For deliveries abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). 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 to purchase gift vouchers; These will be sent to you via 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 any applicable shipping costs.
  2. The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
  3. If we fulfill your order through partial deliveries in accordance with Section 4, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
  4. If you effectively revoke your contractual declaration, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs) (see other consequences of revocation and the declaration of revocation).

Terms of payment and offsetting and right of retention

  1. You can pay the purchase price and shipping costs of your choice using the payment methods specified in the mikiGREEN® online shop. Payments are processed by the payment service provider you selected with us.
  2. If you select the payment method “PayPal”, you will be redirected to PayPal and the payment will be processed via 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, requires that you have a PayPal account or register for one.
  3. When selecting a payment method offered through the payment service "Shopify Payments", including Google Pay, Apple Pay, or the specified credit cards, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to you in the mikiGREEN® online shop. For the processing of payments, Stripe may use additional payment services, for which special payment conditions may apply, of which you may be separately informed. Stripe particularly reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit check. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available. You transmit your credit card details as part of the transaction and after appropriate authentication, the payment transaction is carried out automatically by your credit card company. Your credit card will be charged without incurring any additional transaction costs.
  4. You are not entitled to offset our claims; unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
  5. As a buyer, you may only exercise a right of retention if your counterclaim arises 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 or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
  2. Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects 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 to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you do not do this, this will have no impact on your legal 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, unless otherwise stipulated, we are only liable 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 whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to replacing what was foreseeable and typical damage. In all other cases our liability is excluded.
  2. Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

Gift vouchers

  1. Gift vouchers purchased through the mikiGREEN® online shop can only be redeemed in the mikiGREEN® online shop, and only one gift voucher can be used per purchase or order.
  2. Gift vouchers can only be redeemed before completing the ordering process during checkout in the shop system. Unfortunately, subsequent billing is not possible. Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased and then expire; 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 chosen to settle the difference.
  4. The balance of a gift voucher will neither be paid out in cash nor interest. We are entitled, but not obliged, to check the material eligibility of the respective voucher holder.

Copyrights

"We hold our own or granted copyrights for all images, films, and texts published in our online shop. The use of images, logos, and/or texts is not permitted without our express consent."

Applicable Law and Place of Jurisdiction

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and are habitually resident in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
  2. If you are a merchant and your registered office is 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 legal provisions apply to local and international jurisdiction.
  3. To the extent that the contract or these General Terms and Conditions contain gaps in the regulations, the legally effective regulations that the contractual partners would have agreed on in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions are deemed to be agreed to fill these gaps if they had known about the gap in the regulations.
  4. The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.