TERMS AND CONDITIONS

General terms and conditions of business

1. scope of application

Our service is aimed exclusively at entrepreneurs.
In addition to the verification of your entrepreneurial status within the scope of the order process, we are entitled to demand proof of your entrepreneurial status by presenting suitable and up-to-date documents, e.g. an extract from the commercial register or business registration.
These General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, possibilities of correction

The purchase contract is concluded with HK-Beratung | MIJO.

The presentation of the products on our website or in preview documents (design sheet, image files) does not constitute a legally binding offer, but a non-binding online/digital catalogue. An order of goods/services is only possible via the telephone or electronic channels and requires the written consent of both parties.

When the contract with us is concluded depends on the payment method you have chosen:

Invoice
We accept your order by sending an acceptance declaration in a separate e-mail or by delivering the goods within 35 days.

Prepayment
We accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank details.

3. contract language, contract text storage

Language(s) available for the conclusion of the contract: Dutch, English, French, German, Spanish

The text of the contract is not stored by us.

4. terms of delivery

In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.

We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself.

We do not deliver to packing stations.

If the product you have ordered is not available from us because we are not supplied by our reliable supplier through no fault of our own despite having placed a congruent order, we will inform you of this immediately in the order confirmation. We shall thereby be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse you without delay.

Subject to our own supply, we will ensure fast delivery. If a part of the order is not immediately available because we are not supplied in time by our reliable supplier through no fault of our own despite having placed a congruent order, we will deliver the remaining goods subsequently without charging the shipping costs again, provided this is reasonable for you.

5. payment

You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time. In the event of a delay in payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate as well as a flat rate of 40 euros. Further claims shall remain unaffected by this.
In our shop, the following payment methods are available to you:
Prepayment, invoice

You are only entitled to a right of set-off if your counterclaim is in a mutual relationship with our main claim, is not disputed by us or has been legally established.

You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.

6. retention of title

We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
If you combine or mix the reserved goods with other objects or process them, we shall acquire co-ownership of the new object in the ratio of the value of the reserved goods to the other processed objects at the time of combination or mixing or processing. If your item is to be regarded as the main item, you must transfer proportional co-ownership to us. We shall release the securities to which we are entitled at your request insofar as the value of the securities exceeds the claims to be secured by more than 10 %.

7. transport damage/transport delays

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect. Likewise, any delays in delivery by third parties shall pass to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

8. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The sale of used goods is made under exclusion of any warranty.
The following applies to the sale of newly manufactured goods: The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in case of violation 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 (cardinal obligations)
- as far as the scope of application of the product liability law is opened or
- within the framework of a guarantee promise, if agreed.

9. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
In the event of a breach of material 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 (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. final provisions

German law shall apply to the exclusion of the UN Sales Convention.

If you are 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 you is our registered office.

TERMS AND CONDITIONS created with the trusted shops Legal writer in cooperation with FÖHLISCH Lawyers.

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