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Terms & Conditions

General Terms and Conditions of MiAna GmbH & Co. KG for the online shop www.mygretchen.com



§ 1 General information

(1) These General Terms and Conditions apply to all orders placed by private persons via the online shop (www.mygretchen.com) of MiAna GmbH & Co. KG (hereinafter referred to as MiAna, Registered at Berlin-Charlottenburg District Court, commercial register no. HRA 43044), Wilhelm-Kabus-Str. 70, 10829 Berlin, shareholders authorised to represent: Anne Christin Kirsten Schmitt and Michael Georg Schmitt, Berlin-Charlottenburg District Court, commercial register no. HRA 43044B, VAT ID no.: DE 814720856. A consumer means any natural person who concludes a legal transaction for a purpose which cannot be attributed either to its commercial nor its independent professional activity.

(2) Any individual agreements concluded in a given case between MiAna and you (including side agreements, amendments and/or alterations) shall take priority to these General Terms and Conditions.

§ 2 Conclusion of contract

(1) The product presentations in the online shop (www.mygretchen.com) of MiAna serve the purpose of submitting an offer to buy.

(2) After clicking the "Buy now" Button, you will receive an order confirmation e-mail with information on the merchandise ordered by you, it price, your payment type and the invoice and delivery address within the next 15 minutes.

(3) If the order confirmation by MiAna contains misspellings or typographical errors or if MiAna's price determination is incorrect due to technical transmission errors, MiAna shall be entitled to dispute the order; in this case, MiAna shall have to prove that you made the mistake. Any payments already made shall be refunded without delay.

§ 3 Prices and shipping and handling costs

(1) The prices listed on the product pages are inclusive of value-added tax.

(2) Shipping and packaging costs are incurred for the prices listed on the product pages which will be clearly announced to you before you place your order. For further information on shipping and handling costs, please see:Terms&Conditions.Shipping and handling costs will be shown separately by MiAna in the invoice.

§ 4 Delivery

(1) Delivery is worldwide from the MiAna warehouse to the delivery address specified by you.

(2) In-stock merchandise shall be shipped by MiAna within 1-2 working days after conclusion of contract.

((3) MiAna shall be entitled to make partial deliveries and to render partial services, provided that this works to the benefit of fast order processing and is deemed acceptable to you. In this case, shipping costs will be incurred by you only once. You will not be invoiced for any additional costs incurred due to partial deliveries.

§ 5 Terms of payment

(1) Payment may be made either by advance payment, PayPal, credit card, bank transfer, direct debit, purchase on account (purchase on account via Paymorrow) or payment by instalments (payment by instalments via Paymorrow). When paying by PayPal, direct debiting or credit card, your account will be charged when you complete your order. The purchase price is due for payment immediately when the order is placed. MiAna uses the "SSL" transfer method to encrypt your personal data.

(2) When paying by bank transfer, the complete payment amount must be credited to the account specified by MiAna within a period of 7 (seven) calendar days after the order confirmation was mailed. The goods ordered will be shipped as soon as the payment amount was received in full. If payment is not made on time and not following another request for payment, MiAna shall withdraw from the contract and shall in particular be entitled to sell the ordered (reserved) goods to somebody else.

(3) When paying by direct debit, you will have to pay the costs incurred, if applicable, as a result of a negative booking operation, a payment transaction due to insufficient funds, or since the bank details provided by you were incorrect.

(4) When purchasing on account (purchase on account via Paymorrow), the ordered goods will be shipped or delivered to the customer along with the invoice. The purchase price is due for payment within 21 calendar days after the invoice date.

(5) If you are in default of payment, the purchase price, interest in the amount of 5 % above the base interest rate will be charged during the period you are in default. MiAna reserves the right to demonstrate and assert a higher level of damage caused by default.

(6) You shall have the right to set-off only if your counterclaims have been declared final in a court of law or are undisputed or were recognised by us in writing.

(7) You may exercise a right of retention only if and when the claims result from the same contractual relationship.

§ 6 Reservation of ownership

All goods shall remain the property of MiAna until paid in full. Pawning, assignment as security, processing or modification before ownership is transferred is not permitted without our approval.

§ 7 Statutory right to withdraw from a purchase

 

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To Michael Schmitt, Wilhelm-Kabus-Str. 70, 10829 Berlin, shop@mygretchen.com :

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper),

Date

 (*) Delete as appropriate. 

 

Effects of withdrawal

 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 You shall send back the goods or hand them over to us MiAna GmbH & Co. KG, Wilhelm-Kabus-Str. 70, 10829 Berlin, Germany without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You only need to pay for any diminished value of the goods, if this value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods dealing with you.

End of the declaration of cancellation

(1) Please note that the terms referred to in Sections 8(2) to 8(4) are not qualifying conditions that your right of withdrawal is effectively exercised.

§ 8 Voluntary right to return goods

(1) In addition to the statutory right of withdrawal, MiAna shall grant you a voluntary right to return goods within 30 days. You may return the goods received by shipping them back to us within 30 days without giving reasons. The period begins on the day on which the goods are received by you. The timely dispatch of the goods shall suffice for compliance with the deadline.

(2) MiAna's voluntary right to return goods requires goods to be mailed back to MiAna undamaged and in their original packaging. Examining and trying the respective goods in the manner possible and customary in a retail shop for instance is possible of course, as long as it is kept intact. Goods must be returned to:

MiAna GmbH & Co. KG
Wilhelm-Kabus-Str. 70
10829 Berlin
Germany
E-Mail: shop(at)mygretchen.com
Fax: +49 (0) 30 6959 697 29

(3) Please call MiAna at telephone number +49 (0)30 695969 70 before returning the goods in order to announce the return. This allows MiAna to assign the products as quickly as possible.

(4) Please note that the statutory right to withdraw from a purchase outlined in Section 7 exists independent of MiAna's voluntary 30-day right of return. Exercising the right of return also has no influence whatsoever on statutory warranty rights.

(5) If you avail yourself of MiAna's voluntary right of return, MiAna will refund the purchase price to the account you used for payment.

§ 9 Registration

(1) Registering for a customer account with MiAna is free. Setting up a customer account will facilitate the ordering process since the registered data are stored by MiAna and automatically used each time you place an order.

(2) You are not entitled to be approved for a customer account. Only legally competent persons are entitled to participate. MiAna has the right to request a copy of your identification card.

(3) The necessary data for registration provided by you in the form of name, first name, address, a shipping address if it differs from the billing address, as well as an e-mail address must be complete and truthful. The e-mail address represents your personal user name and may not violate the rights of third parties or any other rights relating to the use of names or trademark rights or offend against common decency. You are obligated to keep the password required for registration confidential and not disclose it to third parties under no circumstances.

(4)Apart from your declaration of consent concerning the validity of these General Terms and Conditions, your registration is not associated with any other obligations. Registering with MiAna does not entail an obligation to purchase any of the goods offered by MiAna.

(5) If your personal information changes, it is your responsibility to update them. All changes can be made online under "account" upon registering.

§ 10 Warranty

(1)Warranty for defects in the purchased goods shall be determined by statutory provisions. If the delivered merchandise is defective, you are entitled to request subsequent performance or a reduction of the purchase price, or withdraw from the contract within the framework of statutory provisions.

(2) Slight deviations in quality, colour, width, weight, finish or design of samples of the goods which are technically unavoidable or customary in the trade do not constitute defects. This does not apply where MiAna has given an assurance that the delivered goods correspond to the prototype or has given a different quality guarantee. This does not prevent the customer from proving that the above-mentioned deviations are significant to him.

(3) Warranty claims shall expire by limitation two years after receipt of the goods.

§ 11 Transport damage

(1) If goods are delivered by MiAna with obvious transport damage, please report such defects promptly to the delivery agent and contact MiAna as quickly as possible (email : shop(at)mygretchen.com or telephone number +49 (0)30 6959 6970).

(2) Failing to report transport damage or contacting MiAna does not have any consequences for your statutory warranty rights but help MiAna to be able to assert its own claims against the transport carrier or the transport insurance.

§ 12 Limitation of liability

(1) MiAna shall be liable for intent and gross negligence. Furthermore, MiAna shall be liable for the negligent violation of obligations whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place, whose violation puts the achievement of the contractual purpose at risk, and which you as a customer can regularly expect to be complied with. In the latter case, however, MiAna shall only be liable for the foreseeable loss as per standard contract provisions. MiAna shall not be liable for slightly negligent breach of duties other than those referred to in the above sentences. The above exclusions of liability shall not apply to injury to life, body or health. Liability under the Product Liability Act shall remain unaffected.

(2) Taking into account the current state of technology, it cannot be guaranteed that data communication via the internet will be free from errors and/or available at any time. In this respect, MiAna shall not be liable for the constant and uninterrupted availability of its online trading system.

§ 13 Final provisions

(1) Any amendments or additions to these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(2) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country where your habitual abode is located shall remain unaffected.

(3) If your residence or your habitual abode was in Germany when the contract was concluded and had either been relocated at the time legal proceedings are instituted, or if your whereabouts at that time are unknown, the place of jurisdiction for all disputes is the headquarters of MiAna in Berlin. If your domicile or your habitual abode is not in an EU member state, the courts at the headquarters of MiAna shall be exclusively competent for all disputes.

(4) If individual provisions of these General Terms and Conditions are void or conflict with statutory provisions, the contract as a whole shall remain unaffected. The void provision shall be replaced by mutual agreement between the contracting parties by a legal provision which is as close as possible to the commercial spirit and purpose of the void provision. The above provision shall apply accordingly to regulatory gaps.


Attachment: Consumer information

If you order goods from MiAna while visiting our homepage, MiAna would like to point out the following to you:

(1) Languages
The only languages available for the conclusion of contract are German and English.

(2) Essential characteristics
For information on the essential characteristics of the goods offered by MiAna as well as the period of validity of time-limited offers, please see the individual product descriptions within the internet offering of MiAna. The description of articles at www.mygretchen.com does not constitute a legally binding offer but rather a non-binding online catalogue. For technical reasons, the depiction of products may be subject to colour variations.

(3) Ordering procedure
When you have found the desired product, you can place it into the shopping basket without obligation by clicking the "Add to shopping basket" button. You can view the contents of your shopping basket without obligation at any time by clicking the "shopping basket" symbol. You can also remove products from your shopping basket at any time by clicking the wastepaper bin icon. If you would like to purchase the products you have placed into the shopping basket, click the "To checkout" button. Please enter your data next. Mandatory information is marked by an asterisk *. After entering your data and selecting your payment type, clicking the "Next" or the "Save" button will take you to the ordering page. You can check for any input errors made when you entered your order information in the final order confirmation prior to check-out and correct them at any time by using the delete and modify functions before submitting your order. Complete the ordering procedure by clicking the "Buy now" button. The process may be interrupted at any time by closing the browser window. More information, e.g. on correction options, can be found on the individual pages. After clicking the "Buy now" button, you will receive an order confirmation e-mail with information on the merchandise ordered by you, its price, your payment type and the invoice and delivery address within the next 15 minutes.

(4) Contract text
The contract text is stored in our internal systems. You may view the General Terms and Conditions at any time on the www.mygretchen.com website. The order data will be e-mailed to you.

(5) Validity of the English version of the GTC
In the event of legal disputes between the parties, the German contract version prevails over the English.

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