General

All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter customers) via our online shop www.mimellie.com (hereinafter the “online shop”) are subject to these General Terms and Conditions.

The range of products in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to their commercial nor their self-employed professional activity (§ 13 of the German Civil Code - BGB) and (ii). an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or self-employed professional activity (§ 14 Para. 1 BGB).

The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.

The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order on the German or English language side of the online shop. If the customer places the order via our German-language website, the German version of these General Terms and Conditions is exclusively applicable. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.

conclusion of contract

Our offers in the online shop are non-binding.

By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer up to the end of the third working day following the day of the offer.

Immediately after receipt of the offer, we will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer only comes into existence upon our acceptance.

Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instructions that are communicated to him as part of the order on our website and to return the goods.

Prices and Payment

Our prices include statutory sales tax, but not shipping costs. The customer has to bear customs duties and similar charges.

Unless expressly agreed otherwise, we only deliver against prepayment (in the manner specified on the order form in the online shop) or cash on delivery, in each case against invoice.

Payment by invoice and financing

In cooperation with Klarna AB , Sveavägen 46, Stockholm, Sweden, we offer purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna in each case.

Klarna invoice

When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here .

Klarna installment purchase

With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95). You can find more information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit here .

If other delivery on account has been agreed, our invoices are due for payment within 7 working days after the goods have been sent and the customer has received the invoice.

The customer has no right of offsetting or retention unless the counterclaim is undisputed or has been legally established.

shipment of the goods

Deadlines and dates specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.

All delivery periods specified by us when ordering or otherwise agreed begin (a) if delivery against prepayment is agreed, on the day of receipt of the full purchase price (including sales tax and shipping costs) or (b) if payment by cash on delivery or on account is agreed, on the day the purchase contract is concluded.

The date on which we hand over the goods to the shipping company is solely decisive for compliance with the shipping date.

Even if goods are marked as "in stock" on the order form, we are entitled to sell these goods at any time if
a) the order form contains a reference to the limited availability of the goods or
b) the delivery is made against prepayment and the payment is not received by us within a period of five working days after our acceptance of the offer.

In these cases, the shipment will only take place within the agreed period or period specified by us while stocks last.<

If no delivery period is specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted under paragraph 4, shipment within three weeks of the relevant point in time according to paragraph 1 is deemed to have been agreed.

In the event that our supplier does not deliver goods to us in good time that are specified on the order form as "not in stock" or that have been sold off in accordance with paragraph 4, the relevant delivery period according to this clause 4 is extended until delivery by our supplier plus a period of three working days, but no more than a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have ordered the goods immediately.

If the goods cannot be delivered or cannot be delivered on time for one of the reasons mentioned in paragraph 6, we will notify the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will reimburse the customer for payments made to us immediately. The customer's legal rights due to delay in delivery are not affected by the above regulation, whereby the customer can only demand compensation in accordance with the special provisions of Section 9 of these General Terms and Conditions.

We are entitled to partial deliveries of products that are part of an order and can be used separately, whereby we will bear the additional shipping costs caused by this.

Shipping, Insurance and Passing of Risk

Unless expressly agreed otherwise, we determine the appropriate mode of dispatch and the transport company at our reasonable discretion.

We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A delivery time specified by us is therefore non-binding.

If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.

We will insure the goods against the usual transport risks at our expense.

retention of title

We reserve ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs) for the goods in question.

The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.

warranty

If the delivered goods have a material defect, the customer can first demand that we remove the defect or deliver goods that are free of defects. However, if the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item, whereby this can only be done by notifying the customer in text form (also by fax or e-mail) within three working days of receipt of the notification of the defect. We can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.

If the supplementary performance in accordance with Section 7 (1) fails or is unreasonable for the customer or we refuse supplementary performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to demand damages or reimbursement of his futile expenses . The special provisions of Section 9 of these General Terms and Conditions also apply to customer claims for damages.

The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.

The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.

Industrial property rights and copyrights

The customer is not entitled to make copies of the goods.

Liability

Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including sales tax), except in the case of intent or gross negligence.

We are not liable (for whatever legal reason) for damage that is typically not to be expected with normal use of the goods. Our liability is also excluded for damage resulting from data loss if recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability do not apply in the event of intent or gross negligence.

The restrictions of this § 9 do not apply to our liability for guaranteed quality features iSv. § 444 BGB, due to injury to life, limb or health or under the Product Liability Act.

privacy

We are allowed to process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations.

We reserve the right to transmit the customer's personal data to credit agencies if this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will also not pass on any other personal customer data to third parties without the express consent of the customer, unless we are legally obliged to do so.

We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in this Section 10.

Governing Law, Venue and Dispute Resolution

The sales contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods, subject to mandatory international private law regulations.

Dispute settlement: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr . Our e-mail address can be found in our imprint. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

If the customer is a merchant iSd. § 1 paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (Pforzheim) are exclusively responsible for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer can bring an action before any court having jurisdiction under statutory provisions.

Right of withdrawal

right of withdrawal

In the cases prescribed by law, you have the right to withdraw from this contract within fourteen days without giving a reason.

In particular, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must send us (Mirjam Maisch, Heidelsteinstraße 8, 97616 Bad Neustadt Tel.: +41 797607205, email: hello@mimellie.com) a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

- On

Miriam Maisch
Heidelsteinstrasse 8
97616 Bad Neustadt

+41 797607205

hello@mimellie.com

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date