Terms of service

 

 

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider via the website mikoyaa.com. Unless otherwise agreed, we object to the inclusion of your own terms and conditions.

(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor to his independent professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can make a binding offer to purchase (order) via the online shopping basket system.
The goods you wish to purchase are placed in the "shopping basket". You can access the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Proceed to checkout" button (or similar) and entering your personal details and the payment and delivery terms
the order details will be displayed as an order summary.

Before submitting the order, you will have the opportunity to review the information in the order summary, make changes (including using the "Back" function of your Internet browser), or cancel the order.
By submitting the order via the appropriate button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or similar designation), you submit a binding offer to us.

You will initially receive an automatic email confirming receipt of your order, but this will not lead to the conclusion of a contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by a confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you do not receive such confirmation, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements for offered payment methods

(1) If a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares acceptance of the Customer's offer as soon as the Customer clicks on the button that concludes the ordering process.

(2) If the payment method "credit card payment" or "eps bank transfer" is selected, the payment will be processed by the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2 and the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, under the applicable terms and conditions: https://www.shopify.com/legal/privacy and https://stripe.com/at/privacy.

(3) In this case, the Seller declares acceptance of the Customer's offer as soon as the Customer completes the payment transaction.

(4) If the payment method "Klarna" is selected, the payment will be processed by the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2 and the technical service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany (part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden), under the applicable terms and conditions: https://www. shopify.com/legal/privacy and https://www.sofort.de/datenschutz.html. In this case, the Seller declares acceptance of the Customer's offer as soon as the Customer completes the payment transaction.

(5) If the payment method "Apple Pay" is selected, payment will be processed through the payment service provider "Apple Distribution International" (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, in accordance with the applicable terms and conditions: https://support.apple.com/de-de/HT203027 In this case, the Seller declares acceptance of the Customer's offer at the time the Customer completes the payment transaction.

(6) If the payment method "Google Pay" is selected, the payment will be processed via the payment service provider "Google Ireland Limited", Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, under the applicable terms and conditions: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de and https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de In this case, the Seller declares acceptance of the Customer's offer as soon as the Customer completes the payment transaction.

(7) If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment order to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the Customer on the Internet at https://www.klarna.com/sofort/.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention in respect of claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies additionally

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, you may not pledge the goods or use them as security.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You shall also be entitled to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall select the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if we have informed you of this prior to the issue of the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in derogation of the above warranty provisions

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the condition of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of a defect, we shall, at our option, remedy the defect by repair or replacement. If the remedy fails, you may, at your option, demand a reduction in the price or rescind the contract. Repair shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless such transfer is in accordance with the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply

- in the case of culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the condition of the goods;
- in the case of goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 6 Applicable law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which he has his habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a businessman, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court of another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

Alternative Dispute Resolution:

The European Commission provides an online platform for the out-of-court settlement of disputes (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on concluding the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. contractual language, storage of the contractual text

3.1 The language of the contract is German.

3.2 We do not store the full text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically using the print function of the browser. After receipt of the order

Upon receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

4. codes of conduct

4.1 We have subjected ourselves to the quality criteria for the buyer's seal of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. essential characteristics of the goods or services

The essential characteristics of the goods and/or services are set out in the relevant offer.

6. prices and terms of payment

6.1 The prices quoted in the relevant Offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

6.2 Shipping costs are not included in the purchase price. They are shown separately during the ordering process and are additionally payable by you, unless free delivery has been agreed. 6.3.

6.3 Any costs incurred for the transfer of money (bank transfer or exchange rate charges) shall be borne by you in cases where the delivery is made to an EU Member State but the payment is initiated outside the European Union.

6.4 The payment methods available to you will be indicated on our website or in the relevant Offer under a corresponding button.

6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7 Delivery terms

7.1 The terms of delivery, the delivery date and any delivery restrictions are set out in the relevant section of our website or in the relevant offer.

7.2 If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or a person otherwise designated to carry out the shipment.

If you are a business, delivery and shipment are at your risk. 

8. legal liability for defects

Liability for defects is governed by the "Warranty" clause in our General Terms and Conditions (Part I).