Terms and conditions
1. Scope, definitions
- For the business relationship between marklmiura, owned by Ms. Tomoe Markl, having the place of business at Hobrechtstraße. 64, 12047 Berlin, Germany (“marklmiura”), as operator of the webshop at www.marklmiura.com (“website”), as the seller and contracting party for the products offered on the website and the customer (“customer”) these general terms and conditions stated herein shall exclusively apply in the version valid at the time of the order.
- Diverging terms and conditions of the customer will not be accepted unless marklmiura explicitly agrees in writing.
- The customer is a consumer if the purpose of the ordered deliveries and performances cannot be attributed predominantly to his commercial or freelance activity. Any person, corporate body or non-incorporated firm is a business if acting in pursuance of a commercial or freelance activity by the conclusion of the contract.
2. Conclusion of contract
- In order to select a product, the customer chooses the desired product. Afterwards, the customer can add the product to the shopping cart by clicking the button “Add to cart”. The shopping cart can at any point be accessed by clicking on the shopping cart icon on the top right corner of the website. The shopping cart will show all the products added by the customer and list their essential characteristics, the prices per item, quantity, and the overall price of the order including the shipping costs. The customer can proceed to checkout by clicking on the “Proceed to checkout” button.
- After the customer has clicked on the “Proceed to checkout” button, the customer needs to enter his country, name, address including postcode/ZIP, e-mail address and phone number into the billing details form. The customer may choose to enter a shipping address different from his billing details.
- By clicking on the button “Continue” the customer may now choose a payment option by clicking on one of the payment method radio buttons.
- After the customer has chosen the payment method, the website will show him the shipping costs.
- Afterwards the customer will see a summary of his order. The customer may now correct mistakes by using the “back” function of the browser or by using the website menu. If the billing and shipping address are filled in and the order is correct, the customer can place the order by clicking on the “Buy” button.
- By clicking on the “Buy” button the customer makes a binding offer to marklmiura to purchase the products listed in his order. The offer can only be made and transmitted if the customer accepts these Terms & Conditions including the information about the revocation right by checking the boxes “I have read and accept the Terms&Conditions” and the box “I have taken note of the information about the revocation right” thereby including them in his offer.
- marklmiura will then automatically send an acknowledgement of receipt to the customer via e-mail, in which the order is listed again and which can be printed by the customer by using the “print” function. This automatic acknowledgement of receipt only documents that the order of the customer has arrived at marklmiura and does not constitute any acceptance of the order. The contract shall only be formed upon marklmiura’s submission of the declaration of acceptance, which will be sent by separate email (order confirmation).
3. Delivery, availability of products
- If the supply of one of the products ordered by the customer is restricted at the time of the order, marklmiura will immediately inform the customer at the latest at the beginning of the order process. If the product is permanently unavailable, marklmiura will not confirm the order. In this case a contract will not be established.
- If one of the ordered products is only temporarily unavailable, marklmiura will also immediately inform the customer at the latest at the beginning of the order process. If the delay of delivery exceeds two weeks, the customer has the right to withdraw from the contract. In this case, marklmiura also has the right to withdraw from the contract. marklmiura will then immediately refund all payments already made by the customer.
4. Retention of title
- The products remain the property of marklmiura until the payment has been received in full.
5. Prices and shipping
- All prices listed on the website include the respectively applicable statutory value added tax.
- The corresponding shipping costs will be listed in the order form and are to be paid by the customer, unless the customer makes use of his revocation rights.
- If custom fees occur, these must be borne by the customer.
- For shipments within Germany all products are sent via postal service within seven work days in Germany after full receipt of payment. For shipment within the European Union, all products will be shipped within nine working days after full receipt of payment. For shipment outside of the European Union, all products will be shipped within 20 days.
- The shipping risk will be borne by marklmiura if the customer is a consumer.
- If delivery fails because the customer has not entered a correct shipping address, a second delivery attempt will be made after the customer has paid the costs for the second delivery. The shipping costs for the second attempt are the same as the costs for the first shipping.
- Shipping costs
National shipment (within Germany)
2,50 euro 500g or less
5,00 euro more than 500g
Shipment for EU countries*
5,60 euro 500g or less
17,00 euro more than 500g
Shipment for other countries
5,60 euro 500g or less
24,00 euro more than 500g
* EU countries : Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
6. Payment methods
- The customer can pay via bank transfer or PayPal. Payments made from outside of Germany have to be free of charge for marklmiura.
- The payment of the purchase price is due on marklmiura’s bank account ten days after conclusion of the contract. If a date for payment has been specified according to the calendar, the Customer is already in default by missing the date. In this case the Customer has to pay to marklmiura default interest at 5 percentage points above the base lending rate. The customer’s obligation to pay default interest does not exclude the assertion of other default damages by marklmiura.
7. Warranty of products, guarantee
- Marklmiura is responsible for material defects according to the applicable statutory provisions. With respect to businesses, marklmiura’s warranty period for products delivered by marklmiura is 12 months.
- The right of the customer to claim damages is excluded, except for damages resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as liability for other damages resulting from deliberate or grossly negligent violation of obligations by marklmiura, its legal representatives or persons it uses to perform its obligations. Essential contractual obligations are obligations which must be fulfilled in order to achieving the goal of the contract.
- Should marklmiura violate these essential contractual obligations, marklmiura is only liable for such damages which are typically foreseeable for the contract if these damages result from simple negligence, except for damage claims of the customer resulting from injuries to life, body or health.
- The limitations in paragraphs 8.1. and 8.2. are also valid for the legal representatives or persons marklmiura uses to perform its obligations, if the claims are asserted directly towards them.
- The regulations of the Product Liability Act shall be unaffected.
- The customer has the right to cancel this contract in text form (for example a letter or e-mail) or by phone within fourteen days without specifying any reasons. The customer may also use the attached revocation form, but is not obliged to do so. The deadline starts after the receipt of this instruction in text form, but not prior to receipt of the products at the addressee (at the recurrent delivery of similar products not prior to receipt of the first part-delivery) and also not prior to fulfillment of marklmiura’s legal information duties. In order to maintain the cancellation period it is sufficient to dispatch the revocation in due time.The revocation needs to be addressed to:
- In the event of a valid revocation, the payments or products received by both parties are to be restored. If the customer is either wholly or partly unable to restore the products received or can restore them only in an impaired condition, the customer shall insofar have to pay compensation for the value. The customer must only pay for any depreciation in the value of the products received if this depreciation in value is due to handling the products in a manner which goes beyond the testing of the characteristics and functioning. “Testing the characteristics and functioning” means testing and trying out the products as it would have been possible and common in a shop. Products consignable by parcel shipment may be returned at our risk. The return costs are borne by the customer. Items which cannot be shipped as a parcel will be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the customer with the dispatch of the revocation or the products, for marklmiura, with their reception.
– End of the information about rights of revocation –
Sample revocation form
(If you wish to withdraw from your contract, you can fill out this form and send it back to us.)
To: marklmiura, Tomoe Markl, Hobrechtstr.64 12047 Berlin, Germany, e-mail: email@example.com
– I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) / 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 with message on paper)
(*) delete as applicable
- marklmiura collects data from the customers which are necessary for the execution of the contract. In doing so, marklmiura observes in particular the provisions of the Federal Data Protection Act and the „Telemediengesetz“. Without the consent of the customer marklmiura will only collect, process or use data from the customer insofar as they are needed for the execution of the contract and for the use and settlement of teleservices.
- Without the consent of the customer, marklmiura will not use customer data for publicity purposes, opinion research or market research.
- Regarding the consent of the customer, more information about the collection, processing and use of data, marklmiura refers to the data privacy declaration which can at any time be retrieved from the marklmiura website in printable form.
11. Final provisions
- All contracts between marklmiura and the customer are based on German law under exclusion of the UN Convention on Contracts for International Sale.
- If the customer is a merchant, a corporate body organized under public law or a special fund under public law, the court of jurisdiction for all disputes between marklmiura and the customer shall be the seat of marklmiura.
- Should any parts of the contract become void, the remaining contract will still be binding. The void provisions will be replaced by the statutory provisions where available. If this should present unreasonable hardship for one of the parties of the contract, the whole contract becomes void.