Terms and conditions

 

Scope

These terms and conditions apply to all purchases made by private customers at Mikaela Dörfel Design.

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.

Conclusion of contract

The presentation of the goods of Mikaela Dörfel Design and the granting of the possibility to order represents a concrete offer on the part of Mikaela Dörfel Design to conclude a purchase contract.

By placing your order, you accept the offer and the purchase contract is concluded.

About this you will receive an order confirmation by e-mail to the e-mail address you specified.

Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at Shipping costs. The regular costs of return shipping, which arise in the case of a return of the goods by you in exercise of your right of withdrawal , we bear. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made upon delivery by means of

          - Credit Card

          Direct debit

          PayPal

          Direct bank transfer

Default of payment

 

If the customer is in default of payment, Mikaela Dörfel Design shall be entitled to charge default interest in the amount of 5 percentage points per annum above the base rate announced by the Deutsche Bundesbank at the time of the order. If a higher damage due to default has been demonstrably incurred, Mikaela Dörfel Design is entitled to assert it.

 

Right of retention

 

 

The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
als sein Gegenanspruch auf demselben Vertragsverhältnis beruht.

Delivery

Mikaela Dörfel Design is entitled to make partial deliveries if the partial delivery is reasonable to the customer in the individual case.

(1) Delivery shall be made to the delivery address specified by the customer.

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, a performance obligation of Mikaela Dörfel Design is excluded. Amounts already paid will be refunded immediately by Mikaela Dörfel Design.

(3) Werkgut may also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Already paid amounts will be refunded by Werkgut immediately.

(4) Until the delivery of the goods (s) to the shipping or transport company, our obligation to perform is limited to the stock of goods of the same type and description available in our warehouse. Furthermore, there is no procurement obligation. In particular, there is no obligation to reorder identical goods from the supplier.

(5) Bulky goods (packages with a volume greater than 1 square metre) are usually delivered by freight forwarder. Mikaela Dörfel Design expressly points out that this product is not carried in the house.

(6) If the customer is in default of acceptance or if the delivery is delayed for other reasons for which the customer is responsible, Mikaela Dörfel Design shall be entitled to charge the customer for any resulting costs.

Reservation of title

Mikaela Dörfel Design reserves ownership of the purchased item until receipt of all payments from the delivery contract. The customer is obliged to treat the goods with care, in particular to protect them from damage.

 

The customer is entitled to resell the purchased item in the ordinary course of business. However, he is already assigning all claims from the resale to Mikaela Dörfel Design for security reasons.

Returns

 

If possible, the goods and accessories must be returned in the original packaging, even if it is damaged by an opening for functional testing. The cost of the return is borne by the customer.

Rights of defects

 

(1) Mikaela Dörfel Design shall, at the customer’s choice, replace a defective product (warranty case) with a defect-free product or have it professionally repaired at Mikaela Dörfel Design’s expense (subsequent fulfillment). The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. In particular, a warranty case does not exist in the following cases: a) in the event of damage caused to the customer by misuse or improper use, b) in the event of damage resulting from exposure of the Products to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, lightning, fire).

(2) Furthermore, Mikaela Dörfel Design does not guarantee any defect caused by improper repair by a service partner not authorised by the manufacturer.

(3) The type of subsequent performance requested by the customer (replacement or repair) requires an effort which, in view of the product price, takes into account the content of the contract and the requirements of good faith, is grossly out of proportion to the customer’s interest in performance – in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question it must be taken into account whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of subsequent performance. The right of Mikaela Dörfel Design to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of repair as well as in the event of replacement delivery, the customer is obliged to send the product at the expense of Mikaela Dörfel Design, stating the order number to the return address specified by her. Before sending, the customer must remove any items he has inserted from the product. Mikaela Dörfel Design is not obliged to test the product for the installation of such items. Mikaela Dörfel Design shall not be liable for the loss of such items, unless it was immediately apparent to Mikaela Dörfel Design that such an item had been inserted into the product upon taking back the product (in which case Mikaela Dörfel Design shall inform the customer and keep the item ready for collection by the customer; the customer shall bear the resulting amount. costs).

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following conditions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall refund the value of the use made by him.

(6) The customer’s liability for damages in the event of a breach of the return obligation for which the customer is responsible shall be determined in accordance with the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) Die gesetzliche
Gewährleistung von Mikaela Dörfel Design endet zwei Jahre ab Lieferung der
Ware. Die Frist beginnt mit dem Erhalt der Ware.

Liability

 

(1) In the case of slight negligence, Mikaela Dörfel Design shall be liable only for the breach of essential contractual obligations and shall be limited to the foreseeable damage. This restriction does not apply to injury to life, body and health. Mikaela Dörfel Design is not liable for other damages caused by a defect in the object of purchase.

(2) Irrespective of the fault of Mikaela Dörfel Design, the liability of Mikaela Dörfel Design shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a warranty. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Mikaela Dörfel Design.

(3) The personal liability of the legal representatives, vicarious agents and employees of Mikaela Dörfel Design for damages caused by the customer through slight negligence is excluded.

Applicable law

 

The contract concluded between the customer and Mikaela Dörfel Design is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the country in which the customer has his habitual residence / registered office.

Jurisdiction

 

Insofar as the customer does not have a registered office in the Federal Republic of Germany contrary to the customer’s information at the time of the order or moves his registered office abroad after the conclusion of the contract, the place of jurisdiction for all disputes shall be the Federal Republic of Germany. The exclusive place of jurisdiction and place of performance is the district court of Rendsburg. In all other unregulated cases, the place of jurisdiction is governed by the statutory provisions of the Code of Civil Procedure (ZPO).

Dispute Resolution

 

General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act): The European Commission is providing an online dispute resolution (ODR) platform at http://ec. europa. eu/consumers/odr/ . Mikaela Dörfel Design is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration body.

Final provisions

 

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as this does not place a contractual partner at an unreasonable disadvantage.

(2) Amendments or additions to this contract shall be made in writing.

 Mikaela Dörfel Design Shop 03.2022