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General Terms and Conditions

 

1 Scope, conclusion of contracts

1.1 These General Terms and Conditions shall apply to all contracts concluded by mimicri (CLP) („we“), having its seat in the Pastor-Willems-Straße 14, 53842 Troisdorf, with a client („you“) as consumer within the meaning of § 13 BGB (German Civil Code) on the basis of online orders placed on mimicri’s website or mobile website (“mimicri.de”). A consumer is, according to § 13 BGB any natural person concluding a legal transaction for purposes which largely cannot be allocated to either his/her commercial or independent professional activity.

1.2 The products displayed on mimicri.de only serve presentation purposes. The product offers are non-binding and do not represent an offer to conclude a sales contract.

1.3 By ordering you make a binding offer to acquire the respective products and thus to conclude a sales contract.

1.4 When ordering, the following steps have to be taken: a) First, choose the products you would like. b) Next, enter the data necessary to process the order: first name and surname, email address, mobile phone number (voluntary), billing and shipping address, choice of payment method and, if applicable, further steps and payment details. If payment is effected via a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) under valid PayPal terms of use (see https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or, if you do not have a PayPal account, valid payment conditions without a PayPal account (see  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. c) Furthermore, you shall confirm acknowledgement/approval of these General Terms and Conditions with the cancellation policy as well as Data Protection Declaration. d) Once the data submitted have been checked, you may finally send the binding order.

1.5 The offer is deemed accepted by us by delivering the products ordered. The email order confirmation you will receive does not yet imply the acceptance of the offer but only serves to document that the order has been received by us. The decision whether we accept an order shall be at our sole discretion. If an order cannot be accepted for whatever reason we shall inform you thereof immediately; in such case payments already made by you will of course be reimbursed without delay.

1.6 The products shown on mimicri.de are sold exclusively to end-users over 18 years of age and only in small quantities as customary in the retail trade.

1.7 Languages in which the contract may be concluded: German and English.

1.8 You are entitled to withdraw from the agreement based on the cancellation policy as per point 8.

1.9 Data protection

For information on handling your personal data please see our Data Protection Declaration.

 

2 Description and measurements of the products

2.1 The product images on the website mimicri.de only serve illustration purposes. Although we endeavour to reproduce the colours of the products as accurately as possible, we cannot guarantee however that your computer accurately shows the colours. Products delivered to you may therefore differ slightly from these images.

2.2 We strive to be as precise as possible in our statements although measurements, including weight dimensions and volumes are only approximate.

 

3 Payment conditions, shipping costs, return costs

3.1 The prices stated for the products shown on the website mimicri.de are inclusive legal value-added-tax but exclusive shipping costs, customs duties or similar public charges, and will be invoiced in addition to the product prices indicated, unless expressly agreed otherwise.

The shipping costs are automatically shown in your shopping cart, summary of the order details as well as on the invoice.

You are not obliged to pay the shipping costs if you effectively exercise your right to withdraw as per point 8. If you exercise your right to effectively withdraw as per point 8 and return the products bought via our website due to such withdrawal – we bear the direct return costs as described in more detail under point 8.

3.2 We accept payment as per the payment methods and terms mentioned on the website mimicri.de.

3.3 You will receive an invoice for each binding order placed on the website and leading to the conclusion of a sales contract for the amount to be paid by you.

3.4 In case of late payment we may avail ourselves of our legal rights.

3.5 Offsetting and exercising a right of retention by you based on disputed counterclaims or counterclaims which have not been ascertained as legally valid, is excluded. Exercising retention rights by you is also excluded if the counterclaims to not refer to the same contractual relationship.

3.6 You confirm the validity and accuracy of your payment details by placing an order via the website mimicri.de.

 

4 Shipping und delivery conditions

4.1 Usually, the products ordered by you will be ready for dispatch in 2 to 3 workdays, the date of shipping being the date on which the products ordered by you are handed over to the competent shipping service for shipping. Please note that we cannot guarantee timely delivery by the shipping service.

4.2 The products can only be sent to delivery addresses in the following countries: Germany, Austria, Switzerland, Sweden, Denmark, the Netherlands, Belgium, Luxembourg, Great Britain, France, Spain, Italy, the United States of America and Japan. For other countries please enquire. Please note that collection by the customer of goods ordered on the website is not possible.

4.3 In principle, the availability of products is indicated in the product description. If a product ordered by you on mimicri.de is (temporarily) unavailable at the time of ordering, we shall inform you thereof immediately. If a product is unavailable long-term your order will not be accepted by us. In this case no contract is concluded and payments already made by you will of course be refunded promptly.

4.4 We are entitled to dispatch products ordered by you collectively on one order form partially if necessary for technical or organizational reasons. Additional transport costs will be borne by us.

 

5 Reservation of ownership

We reserve the right of ownership of the products shipped until payment in full. You are not entitled to resell the products shipped to you and covered by the reservation of ownership in this point 5 without our prior written approval.

 

6 Warranty covering material defects, guarantee

6.1 If the products are damaged, legal warranty conditions shall apply, unless otherwise stated in point 7 of these General Terms and Conditions.

6.2 If we grant you a special warranty on a case-by-case basis, your rights are indicated in the warranty conditions joined to the respective product delivered. In such case your warranty claims will not affect your legal warranty claims.

 

7 Additional liabilities, damages

7.1 Claims for damages are – for whatever legal reason – excluded. Exceptions are claims for damages for injury to life and limb, threat to your health or violation of essential contractual obligations (cardinal obligations) and liability for other damages caused by a willful or grossly negligent breach of duty by us, our legal representatives, staff or agents. Essential contractual obligations are those the fulfillment of which make the proper execution of the contract at all possible and on whose fulfillment you counted and could count.

7.2 In case of violation of essential contractual obligations we shall only be liable for contractually typical foreseeable damages if caused by mere negligence, unless concerning claims for damages due to injury to live and limb or threat to your health.

7.3 If liability has been excluded or limited by us as per point 7, this shall also apply to our legal representatives, staff and agents.

7.4 Claims brought under the product liability law shall remain unaffected.

 

8 Cancellation policy

8.1 Right to withdraw

You are entitled to withdraw from this contract without cause within a fortnight.

The withdrawal period shall be a fortnight as of the date on which you or a third party named by you, other than the shipping agent, took possession of the latest lot of goods.

To exercise your right to withdraw, you have to inform mimicri (GbR), Pastor-Willems-Str. 14, 53842 Troisdorf, Germany; email: welcome@mimicri.de) clearly explaining (e.g. letter sent by post or email) your decision to withdraw from this contract. You may use the attached withdrawal letter model for such purpose, which is however not mandatory.

To keep the withdrawal period, it suffices that you send the notification on the exercise of the right to withdraw before expiry of the withdrawal period.

8.2 Withdrawal consequences

If you withdraw from this contract we shall reimburse any payments received from you, including shipping costs (except additional costs if you opted for a delivery method differing from the best-value standard delivery offered by us) without delay and at the latest within a fortnight as of the date we receive your notification to withdraw from this contract. For this reimbursement we shall use the same payment method used by you for the original transaction unless otherwise expressly agreed with you; on no account will you be charged for such reimbursement. We may refuse reimbursement until the goods have been returned or until you provide proof that you have returned the goods, depending on which occurs first.

You shall return or hand over the goods to us promptly and in any case at the latest within a fortnight as of the date on which you notify us of the withdrawal from this contract. The time limit is deemed kept if you dispatch the goods before expiry of the fortnightly time limit.

We shall bear the direct return costs for the goods.

You shall only be liable for possible loss in value if such loss in value is caused by unnecessary handling of the goods by you to examine their condition, characteristics and functionality.

8.3 Withdrawal letter model

If you wish to withdraw from a contract you may establish a withdrawal notification according to this model and return it to us.

 

mimicri - General Terms and Conditions

9 Online dispute resolution

The EU-Commission provides an Internet platform to resolve disputes online (the so-called „OS platform”) which can be accessed under the following link: https://ec.europa.eu/consumers/odr/. We are not obliged and prepared to participate in dispute resolution procedures before a consumer arbitration body. Furthermore, we do not participate in procedures for alternative dispute resolutions in consumer affairs according to the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

 

10 Applicable law

The law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG)/UN Sales Convention shall apply. This means that a contract for the acquisition of products via our website and any disputes or claims arising therefrom or in connection therewith are subject to German law. For consumers this choice of law only applies if mandatory legal provisions of the state in which the consumer usually resides are not superseded.

 

11 Copyright

All content and structures of this website are protected under copyright and intellectual property law. Publication in the World Wide Web or by other Internet services does not imply consent for an alternative use by third parties. Copying, processing, dissemination and any kind of exploitation outside the scope of the German copyright require the prior written approval by us, respectively the right holders.

 

Status: 1July 2019