Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of MIREVA DISTRIBUTION OÜ (hereinafter "Seller") apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, provided that no deviating provisions are made. In addition to the delivery of the goods, the Seller is obligated to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot perform their functions without them.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When ordering via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this.
2.5 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the framework of the electronic ordering process via the usual keyboard and mouse functions until they click the button that concludes the order process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing usually takes place automatically via e-mail. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 The stated prices are final prices. For deliveries to Germany, shipping is free of charge. For deliveries to Austria, Luxembourg, Belgium, the Netherlands, Poland, and Denmark, shipping costs are €4.99 per order. The delivery address in the checkout is decisive; shipping costs and the total amount are displayed before the order is completed.
4.2 The payment methods available for the specific order are displayed to the Customer in the checkout. Credit and debit cards (Visa, Mastercard, American Express, Maestro, and UnionPay) via Shopify Payments, Shop Pay, Apple Pay, Google Pay, as well as – depending on the delivery country, device, and eligibility – Klarna, Bancontact, and MobilePay are offered. In addition, PayPal can be selected if this payment method is displayed for the specific order in the checkout.
4.3 If a payment method offered via Shopify Payments is selected, payment processing is carried out via Shopify and the payment service providers used for the selected method. Any additional payment terms that are displayed to the Customer during the payment process may apply. Further information: Shopify Payments.
4.4 If Klarna is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden. The available Klarna payment options, payment deadlines, and any necessary checks are displayed to the Customer during the payment process. The Customer pays Klarna according to the selected payment option. The terms of Klarna displayed during the payment process apply.
4.5 For Apple Pay, Google Pay, Shop Pay, Bancontact, and MobilePay, the terms of the selected service displayed in the respective payment process apply additionally. The options offered for the specific order in the checkout are decisive.
4.6 If PayPal is selected, payment is processed via PayPal. The terms displayed for the selected PayPal payment option during the payment process apply. It is decisive whether PayPal is offered for the specific order in the checkout.
5) Delivery and Shipping Conditions
5.1 Delivery takes place exclusively to Germany, Austria, Luxembourg, Belgium, the Netherlands, Poland, and Denmark from the Seller's warehouse in the Netherlands via DHL. The delivery time is 1–3 working days. Delivery within this delivery area is made to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller provides performance in advance, they retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.
8) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
9) Shopify and Data Processing
This online shop is hosted by Shopify. Shopify processes personal data when visiting and purchasing. When Shopify Network Intelligence is activated, information about interactions with our shop, other merchants, and Shopify is processed for improved services, such as for personalization, analysis, and – after the required consent – for relevant advertising. For this purpose, data can be shared with Shopify and other service providers and also processed in other countries. Details, legal bases, and options for revocation or objection can be found in our privacy policy, in the Shopify Privacy Policy for Consumers, and in the Shopify Privacy Portal.