As of: 06/2020
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Josiane Teissier Beethovenstr. 118, 71711 Steinheim, email: info@mipatio-hamacas.com) a clear statement (e.g. a letter sent by post or email) that you decide to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will return all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged with any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you informed us about the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Josiane Teissier
Beethovenstrasse 118
71711 Steinheim
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
__________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
Ordered on (*) ___________________________________________________ / received on (*) ____________________________________________
Name of the consumer (s) _________________________________________________________________________________________________
Address of the consumer (s) _____________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
Signature of the consumer (s) (only for notification on paper)
_________________________________________________________________________________________________________________________________
Date __________________________________________________
General terms and conditions (AGB) and consumer information
As of: 06/2020
General terms and conditions and consumer information in the context of sales contracts that are concluded via the online shop between Josiane Teissier - Mi Patio - hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and agreements that take precedence over these terms and conditions, apply to the business relationship between the seller buyer and the customer exclusively the following general terms and conditions. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
(3) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither his commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
§ 2 conclusion of contract
(1) The contract is closed with
Mi Patio - Josiane Teissier
Beethovenstrasse 118
71711 Steinheim
Germany
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the online shop of the seller merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller.
(4) The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it shortly and inform the customer within 3 working days whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to basket" button. By clicking on the "Shopping Cart" button, the customer gets an overview of the selected products. Using the "Buy Now" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in his application. The seller then sends the customer an order confirmation by email, in which the customer's order is listed again becomes
(5) and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller issues a declaration of acceptance, which is sent in a separate email.
(6) The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
§ 3 Object of the contract, quality, delivery, availability of goods
are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved there, especially with regard to the availability of goods. The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved there, especially with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only reflect the products inaccurately; colors, in particular, can vary significantly for technical reasons Images are for illustrative purposes only and may differ from the product. Technical data, weight, size and performance description are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by him are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than three days after receipt of the money. The delivery time is up to five days. The seller will point out any different delivery times on the respective product page.
(2) Delivery takes place only within the EU.
(3) All article prices include VAT. The prices indicated are retail prices plus shipping costs. The customer receives an invoice showing VAT.
(4) In case the delivery takes place in a non-EU country, additional duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
§ 5 payment
Payment is made exclusively in advance (PayPal, bank transfer, credit card payment).
§ 6 transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to report these errors to the shipping company immediately and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact us does not have any consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance.
§ 7 warranty for defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the german BGB.
(2) The goods supplied by the provider are only guaranteed if they have been expressly given in the order confirmation for the respective item.
(3) Complaints and warranty claims can be made at the address given in the provider identification.
§ 8 retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 liability
The legal regulations apply.
§ 10 final provisions
(1) The contract language is German.
(2) Contracts between the seller and the customer are subject to the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer has no general place of jurisdiction in Germany or the EU, or if his place of residence or habitual residence is not known at the time the action is brought.
§11 dispute resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
(2) The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.