Terms and Conditions
General Terms and Conditions of your contractual partner Gesellschaft für innovative Unternehmensentwicklung (GFIU) GmbH
1. General Terms and Conditions
1.2 miamasuku.com is operated by Gesellschaft für innovative Unternehmensentwicklung (GFIU) GmbH based in Aachen, Germany (here subsequently called „the Company“, “we” or “us”) – these Terms and Conditions are applicable for all business done with the Company through this and other websites.
1.1 These General Terms and Conditions apply to all deliveries and services on our part. They apply exclusively. We do not accept deviating conditions of the customer.
1.2 All agreements made between the customer and us result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance.
2. Conclusion of contract
2.1 The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.
2.2 By submitting an order via the online shop by clicking the button ” order with obligation to pay” you submit a legally binding order. You are bound to the order for a period of two weeks after placing the order; your right to revoke your order, if applicable according to clause 3, remains unaffected.
2.3 We will immediately confirm the receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless, in addition to confirming the receipt, it also declares acceptance.
2.4 A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
2.5 If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we will refrain from accepting the goods. In this case a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
3. Right of withdrawal from your purchase contract
3.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with our information on the right of revocation for orders placed in our online shop in accordance with the statutory provisions.
4. Terms of delivery, reservation of advance payment
4.1 We ship our goods both within Germany and to the countries of the EU. We are entitled to make partial deliveries as far as this is reasonable for you.
4.2 The delivery time is approximately 3-4 working days, unless otherwise agreed. It begins, subject to the provision in clause 4.3, with the conclusion of the contract.
4.3 We reserve the right to deliver only after receipt of the purchase price including shipping costs (reservation of advance payment). In this case, the delivery period begins with payment of the purchase price and the shipping costs.
5. Prices and Shipping Costs
5.1 All price quotations are gross prices including the statutory value added tax and are exclusive of any shipping costs incurred.
5.2 The shipping costs are indicated in our price quotations in our online shop. The price including sales tax and shipping costs is also displayed in the order form before you send the order.
5.3 If we fulfil your order in accordance with clause 4.1 through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
5.4 If you effectively revoke your contractual declaration in accordance with section 3, you can demand the reimbursement of costs already paid for shipping to you (shipping costs) under the legal requirements (see section 3.3 on other consequences of revocation).
6. Terms of payment, offsetting, right of retention
6.1 For deliveries outside of Germany the payment methods shown here are available.
6.2 You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make complaints or counterclaims from the same purchase contract.
6.3 As buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
7. Retention of title
The delivered goods remain our property until full payment of the purchase price.
8.1 We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The period of limitation for legal claims for defects is two years and begins with the delivery of the goods.
8.2 Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of Section 8.1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the articles.
9.1 We shall be liable to you in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
9.2 In other cases we shall be liable – unless otherwise provided for in clause 9.3 – only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in clause 9.3.
9.3 Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations of liability.
We have copyrights on all pictures, films and texts published in our online shop. A use of the pictures, films and texts, is not permitted without our express consent.
11. Data protection
12. Applicable law and place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
12.2 If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller’s registered office.
12.3 Settlement of disputes: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.