General Terms and Conditions
1. scope of application
1.1 We, Mijo GmbH, Gewerbeweg 7, 49751 Sögel, provide our services exclusively on the basis of our General Terms and Conditions.
1.2 Our General Terms and Conditions shall also apply to all future transactions, repeat orders, verbal orders, etc., without the need to expressly refer to them again.
1.3 There are no verbal agreements.
1.4 Deviating terms and conditions of the customer are hereby expressly rejected. They shall not apply even if we fulfil the order and do not object to the reference to them. The customer's terms and conditions shall only become part of the contract with our written consent.
1.5 Our offer is aimed exclusively at customers who have reached the age of 18 and are entrepreneurs within the meaning of Section 14 (1) BGB. By placing an order, the customer confirms that the business transaction is carried out in the exercise of commercial or independent professional activity. We are entitled to request proof of entrepreneurial status in the form of an extract from the commercial register or a business registration.
2. conclusion of contract
2.1 The contract is concluded with Mijo GmbH, Gewerbeweg 7, 49751 Sögel.
2.2 The product presentation on our website does not constitute a binding application for the conclusion of a contract. Rather, it is a non-binding invitation to order products.
2.3 Our offers are subject to change. Delivery dates, articles, qualities and prices are subject to change.
2.4 Goods/services can be ordered via our contact form, by telephone or by email.
2.5 The contract is concluded by order confirmation or by dispatch of the ordered goods. Our order confirmation shall be decisive for the content of the contract if we do not receive a written objection within 14 days of the date of our order confirmation; this shall not apply if the order confirmation deviates from the order to such an extent that the customer's consent cannot be expected. Necessary rearrangements by us within the scope of the order placed are permissible for reasons of production technology or market adaptation.
2.6 If it becomes apparent after conclusion of the contract (e.g. by filing for insolvency proceedings) that our claim to the purchase price is jeopardised by the customer's inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (Section 321 BGB).
2.7 The language(s) available for the conclusion of the contract: German, English, French, Spanish.
2.8 We do not store the text of the contract.
2.9 After successful fulfilment of the contract, we reserve the right to advertise our service on our website https://mijo-brand.de using our customers' company names and/or word/figurative marks.
3. prices and terms of payment
3.1 The prices stated on the product pages are net and do not include the respective statutory value added tax and the respective shipping and delivery costs.
3.2 All payments shall be made in EURO.
3.3 Foreign payments are free of charge for us. Any fees and charges incurred shall be borne by the customer.
3.2 We reserve the right to carry out a credit check via Schufa, Creditreform or another credit agency. We reserve the right, instead of the usual terms of payment, to deliver only with advance payment or other terms of payment to be agreed with the customer.
3.4 All invoices are sent by email.
3.3 Various payment options are available to the customer, which are indicated on the seller's website.
3.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract.
3.5 In the case of a purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform the customer of the corresponding payment restriction in our payment information in the online shop. We also reserve the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.
3.6 The date of payment shall be the date on which the seller's account is credited. If payment deadlines granted are exceeded, default interest of 10 percentage points above the base interest rate shall be charged. Further claims remain unaffected by this.
3.7 Each reminder will be charged at EUR 10.00.
3.8 If the customer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, we may, at our discretion, demand cash payment before receipt of the goods, delivery against cash on delivery or the provision of sufficient security by a suitable guarantor for outstanding deliveries from any current contract, without any agreed term of payment.
3.9 Payments shall always be used to settle the oldest debt items due plus the default interest accrued on them.
4. delivery and dispatch conditions
4.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction. Delivery is free of charge in Germany, unless otherwise agreed. In the case of shipping goods subject to payment, the amount of the shipping costs is shown in our offer and may be invoiced separately.
4.2 Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in our shipping information and unless otherwise agreed.
4.3 Collection of the goods by the customer and delivery to packing stations are not possible.
4.4 We are authorised to make partial deliveries.
4.5 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and the latter has concluded a specific covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
4.6 If the goods are not accepted on time due to the customer's fault, we shall be entitled to either deliver the goods repeatedly at the customer's expense or to store the goods at the customer's expense or to withdraw from the purchase contract after setting a grace period and to sell the goods elsewhere - even at a discount. The damage incurred by us in this respect plus any additional expenses shall be borne by the customer. We reserve the right to assert further claims.
4.7 If a delivery is not possible for reasons for which the customer is responsible, e.g. because the goods do not fit through the front door, front door or staircase of the customer, or because the customer is not found at the delivery address provided by him, although the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery and is obliged to pay a lump-sum compensation for delay. This shall amount to 1 % for each full week of delay, but in total not more than 8 % of the value of the total delivery or the unaccepted part of the total delivery. The parties are at liberty to prove higher or lower damages.
5 Place of fulfilment and transfer of risk
5.1 The place of fulfilment for all services arising from the delivery contract is our registered office.
5.2 The risk shall pass to the customer when the goods are handed over to the carrier or leave our warehouse. This also applies if the goods are dispatched within the same location or in the event that the goods are transported by the customer's own personnel and/or own means of transport. If the goods are ready for despatch and the despatch or acceptance of the goods is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the readiness for despatch. Any storage costs incurred after the transfer of risk shall be borne by the customer.
5.3 The risk shall also pass to the customer from our warehouse if carriage paid delivery has been agreed.
5.4 If delivery is delayed due to circumstances for which the customer is responsible, the risk of accidental loss or deterioration of the goods shall pass to the buyer at the point in time at which the buyer is in default of acceptance or debtor's delay.
6. print order, design service
6.1 Print orders are carried out exclusively on the basis of the print and order data provided by the customer. The customer must ensure that the print data corresponds to our formats and specifications. We cannot guarantee error-free printing in the event of deviating formats and specifications.
6.2 The print data and the print products produced from it must not violate statutory provisions in terms of their content, in particular by being racist, xenophobic, glorifying violence, sexist or otherwise immoral or anti-constitutional in nature or pursuing such objectives, must not violate the rights and claims of third parties, in particular copyrights, and must not result in the fulfilment of the print order violating such provisions, rights and claims. In the event that the fulfilment of the print order infringes the rights of third parties, the customer shall indemnify us against all resulting claims and claims for damages asserted against us and against the costs of legal defence against proof. Our right to withdraw from the contract remains unaffected by this.
6.3 The customer shall carefully check the print data transmitted to us before sending it to us. We shall not check the spelling, page layout or similar.
6.4 If the print data provided by the customer is faulty, the customer shall be informed of this. The customer shall be obliged to supply error-free print data or to have the order printed with the faulty data at his own risk or to cancel the order for a fee.
6.5 The customer alone shall bear the risk of any errors in the printed products as a result of incorrect print data.
6.6 Additional costs incurred due to the inaccuracy of the print data shall be borne by the customer.
6.7 The confirmation of the design sheets or the approval of samples and print illustrations by the customer shall be deemed to be confirmation and approval by the customer with regard to the size and arrangement of illustrations and the colour.
6.8. We support the customer in the design of the products in two (2) design rounds. The first two (2) design rounds are included in the quoted price. Should further design rounds and services be required, these shall be remunerated at EUR 120.00/hour.
6.9 In the case of short-term contracts, the right of cancellation pursuant to § 648 BGB is excluded.
7. reservation of title
7.1 We reserve title to the goods as well as to all items to be delivered in the future until full payment of all our current and future claims arising from the current business relationship. The retention of title shall remain in force even if individual claims are included in a current account and the balance is drawn.
7.2 The customer is only authorised to resell the reserved goods in the ordinary course of business. The customer hereby assigns to us all claims in the amount of the final invoice amount (including VAT) which accrue to him from the resale against his customers or third parties. We accept the assignment at the same time.
7.3 Pledging, transfer by way of security or other obligations of the reserved goods are not permitted. In the event of seizure or other interventions by third parties, the customer must inform us immediately, stating the creditor of the seizure. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable to us for the loss incurred.
7.4 If the delivered goods are combined, mixed or processed, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If the customer's item is to be regarded as the main item, the customer shall transfer co-ownership to us on a pro rata basis.
8. set-off, right of retention
8.1 The customer shall only have a right of set-off if his counterclaim is not disputed by us or has been recognised by declaratory judgement.
8.2 The customer shall only be entitled to a right of retention if his counterclaim is based on the same contractual relationship.
9 Warranty and liability
9.1 Claims for defects do not exist for customary or minor technical deviations in quality, colour, width, weight, equipment or design as well as minor fashion changes.
9.2 Complaints must be reported to us immediately upon receipt. Express reference is made to § 377 HGB (German Commercial Code).
9.3 In the event of justified complaints, we shall be entitled, at our discretion, to rectify the defect or deliver defect-free replacement goods within 20 days.
9.4 After expiry of the period specified in 8.3, the statutory provisions shall apply.
9.5 In the event of hidden defects in the entire delivery, the statutory provisions shall apply with the following limitation: We shall not be liable for delays in delivery, non-performance and poor performance for which upstream suppliers and producers are responsible. The customer shall only be entitled to warranty and liability rights to the extent that we are entitled to them in relation to our suppliers and producers and can enforce them against them.
9.6 In the case of new goods, the limitation period for claims for defects is one year from the transfer of risk. In the case of used goods, rights and claims for defects are excluded.
9.7 If a replacement delivery is made within the scope of liability for defects, the limitation period shall not begin again.
9.8 Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
9.9 In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
9.10. Otherwise, claims for damages are excluded.
10. force majeure
10.1 Insofar as a contractual partner is prevented from fulfilling its obligations as a result of force majeure, it shall be released from these obligations.
10.2 Force majeure is an external, unforeseeable event that cannot be averted or cannot be averted in time, even by applying reasonable care and technically and economically reasonable means. This includes, in particular, natural disasters, pandemics, epidemics, terrorist attacks, power failure, failure of telecommunications connections, strikes and lockouts, insofar as the lockout is lawful, or statutory provisions or measures of the government or of courts or authorities (irrespective of their lawfulness). The affected contractual partner must notify the other contractual partner immediately and inform them of the reasons for the force majeure and the expected duration. It shall endeavour to use all technically possible and economically justifiable means to ensure that it can fulfil its obligations again as quickly as possible.
11. conformity
11.1 The products may deviate 5-20 % from the agreements in terms of weight, size, quantity, colour, concentration, composition and specific weight.
11.2 Samples and models are for guidance only. The customer cannot derive any rights from product illustrations and information in catalogues and/or other advertising or promotional material of MIJO GmbH.
12. final provisions
12.1 This contract and all legal issues arising from contracts shall be governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of German private international law are excluded.
12.2 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office.
