Terms of service

Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (the “Terms”) of MIREVA DISTRIBUTION OÜ (the “Seller”) apply to all contracts for the supply of goods concluded by a consumer or business customer (the “Customer”) with the Seller concerning goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is rejected unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the supply of goods with digital elements unless otherwise provided. In such cases, in addition to supplying the goods, the Seller owes the provision of digital content or digital services (“digital products”) contained in or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

1.4 A business customer within the meaning of these Terms is a natural or legal person or a partnership with legal capacity acting in the course of its trade, business or independent professional activity when entering into a legal transaction.

2) Conclusion of contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller. They enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods in the cart by clicking the button that completes the order.

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 email), in which case receipt of the confirmation by the Customer is decisive; or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
  • by requesting payment from the Customer after the order has been placed.

If more than one of these alternatives applies, the contract is concluded when the first of them occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following its submission. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected and the Customer is no longer bound by it.

2.4 For orders placed using the Seller’s online order form, the Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (for example, by email, fax or letter) after the order has been submitted. The Seller does not make the contract text available beyond this.

2.5 Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser’s zoom function may help make input errors easier to identify. The Customer can correct entries using the usual keyboard and mouse functions throughout the electronic ordering process until clicking the button that completes the order.

2.6 The language available for concluding the contract is German.

2.7 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller’s withdrawal policy.

4) Prices and payment terms

4.1 The prices shown are final prices. Shipping to Germany is free. For deliveries to Austria, Luxembourg, Belgium, the Netherlands, Poland and Denmark, shipping costs €4.95 per order. The delivery address entered at checkout determines the applicable charge; shipping costs and the total amount are displayed before the order is completed.

4.2 The payment methods available for a particular order are shown to the Customer at checkout. Shopify Payments offers credit and debit cards (Visa, Mastercard, American Express, Maestro and UnionPay), Shop Pay, Apple Pay and Google Pay, as well as Klarna, Bancontact and MobilePay depending on the delivery country, device and eligibility. PayPal may also be selected if it is shown as available for the order at checkout.

4.3 If a payment method offered through Shopify Payments is selected, payment is processed through Shopify and the payment service providers used for that method. Additional payment terms shown to the Customer during payment may apply. Further information: Shopify Payments.

4.4 If Klarna is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden. The available Klarna payment options, payment deadlines and any required checks are shown to the Customer during payment. The Customer pays Klarna according to the selected option. The Klarna terms shown during payment apply.

4.5 For Apple Pay, Google Pay, Shop Pay, Bancontact and MobilePay, the terms shown during the relevant payment process also apply. The options offered for the specific order at checkout are decisive.

4.6 If PayPal is selected, payment is processed through PayPal. The terms shown during payment for the selected PayPal option apply. Whether PayPal is offered for the particular order at checkout is decisive.

5) Delivery and shipping terms

5.1 The Seller delivers only to Germany, Austria, Luxembourg, Belgium, the Netherlands, Poland and Denmark from its warehouse in the Netherlands using DHL. Delivery takes 1–3 business days. Within this delivery area, goods are delivered to the address provided by the Customer unless otherwise agreed. The delivery address provided during the Seller’s checkout process is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the cost of the original delivery if the Customer effectively exercises their right of withdrawal. If the right of withdrawal is effectively exercised, the rules on return shipping costs in the Seller’s withdrawal policy apply.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods to the forwarding agent, carrier or other person or entity designated to carry out shipment. If the Customer acts as a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, this risk passes to the consumer as soon as the Seller hands the goods to the forwarding agent, carrier or other designated person or entity if the Customer commissioned that person or entity to carry out shipment and the Seller did not previously name that person or entity to the Customer.

5.4 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller supplies goods before receiving payment, ownership of the delivered goods remains with the Seller until the purchase price owed has been paid in full.

7) Liability for defects (statutory warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

  • the seller may choose the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • claims for defects are excluded for used goods;
  • the limitation period does not begin anew if a replacement delivery is made under liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

  • to the customer's claims for damages and reimbursement of expenses,
  • if the seller has fraudulently concealed the defect,
  • to goods used for a building in accordance with their normal use that have caused the building to be defective,
  • to any obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, statutory limitation periods for any statutory right of recourse also remain unaffected.

7.4 If the customer acts as a consumer, the customer is asked to report goods with obvious transport damage to the carrier and to inform the seller. Failure to do so has no effect on the customer's statutory or contractual claims for defects.

8) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

9) Shopify and data processing

This online shop is hosted by Shopify. Shopify processes personal data when you visit the shop and make purchases. If Shopify Network Intelligence is enabled, information about interactions with our shop, other merchants and Shopify is processed to improve services, including personalization, analytics and, where the required consent has been given, relevant advertising. For this purpose, data may be shared with Shopify and other service providers and processed in other countries. Details, legal bases and ways to withdraw consent or object can be found in our privacy policy, the Shopify Privacy Policy for Consumers and the Shopify Privacy Portal.