General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (MSG) via the website www.miskstoregermany.de. Unless otherwise agreed, the inclusion of your own conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. A purchase contract is only concluded when we ship the ordered product to you.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the button "Checkout" or "Continue to Order" (or similar designation) and after entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system as a payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by spam filters.
§ 3 Individually Customized Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online order system or by email no later than immediately after the conclusion of the contract. Any specifications we have regarding file formats must be observed.
(2) You commit not to transmit any data whose content infringes on third-party rights (especially copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not verify the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be informed separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe," the payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. For payment processing, "Stripe" may use additional payment services; if special payment conditions apply, you will be informed separately. More information about "Stripe" can be found at https://stripe.com/de.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Pricing errors: We reserve the right to cancel or adjust orders if obvious pricing errors occur. This also applies if the customer has already received an order confirmation. In such cases, we will inform the customer immediately and, if necessary, offer alternative options.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed if you were informed of it before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The provisions of the UN Sales Law do not apply explicitly.
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After 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 email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
5.4. Any costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must 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.
5.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person designated to carry out the shipment who was not named by the entrepreneur.
7. Statutory Liability for Defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).