Terms of Sale
MIS GmbH (here after called „Patricia Schmidt“) offers products and services exclusively on the basis of the following terms & conditions.
The online shop from Patricia Schmidt can be reached under the link of www.patriciaschmidt.de and is directed to customers according to §13 German Civil Code – BGB) from the following countries: Andorra, Austria, Belgium, Bulgaria, Canary Islands, Croatia, Cyprus (southern part), Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Madeira, Malta, Monaco, Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain, Sweden.
A consumer is any natural person who enters into a legal transaction, which cannot be classed as belonging to his or her business occupation or his or her independent business activities.
For consumers from Switzerland USA, India and Australia we ask any customers coming from these or any other country, which has not been mentioned in the above list of countries, to contact us directly in order to inquiry about details concerning pricing, shipping, duties & taxes.
You conclude contracts with:
Commercial register no.
Managing directors: Patricia Schmidt and Uwe Münker
Tel: +49 1727206693 reachable from 10 to 18 hours, Monday through Friday (except of Bavarian holidays)
§3 Concluding contracts
By presenting the products on our online shop, we are submitting a binding offer to conclude a purchase contract for these articles. A contract is being concluded as soon as you use the button “ add to cart ” at the end of the buying process after the products have been put into the shopping basket by having accepted the offer. On receipt of your order, an email is sent as a confirmation.
Should the confirmation contain any writing or printing mistakes or should pricing contain any errors due to technical transmission, Patricia Schmidt is entitled to appeal, whereby Patricia Schmidt must provide proof of error.
§4 Pricing and reservation of ownership
The prices stated on the product pages are inclusive VAT and any other price components.
Until paid in full, the merchandise remains the property of Patricia Schmidt.
Before transition of ownership, pawning, transfer of ownership as security on a debt, processing or redesign without our consent in advance is not allowed.
In addition to the prices indicated, you will be charged an additional fee for shipping. Please refer to the shipping information. Details for the cost of shipping will be clearly indicated on the product pages, in the shopping basket and on the order page.
(1) Consumers have a 14-day cancellation right:
You have the right, within 14 days, without stating any reasons, to withdraw from this contract. The cancellation right is equal to 14 days, starting from the day, when you or a third party known by yourself, who is not the shipper, has received the merchandise of the order. In order to exercise your right of return, you need to inform
via an explicit declaration (for example: a letter sent via postal services, fax or email) regarding your decision to cancel the contract. The timely dispatch of the revocation is sufficient in order to safeguard the period of revocation. You will find more helpful information with the following link concerning exchanges/returns.
If you cancel this contract, we will refund any funds, which we have received from you for the payment – excluded the costs for shipment – within 14 days upon receipt of the message of your withdrawal. For this reimbursement, we will use the same means of payment, which you have used for the original transaction, unless we have agreed otherwise beforehand. In no way, you will be charged any fees because of this reimbursement. We have the right to refuse the reimbursement until we have received back the merchandise or until you have provided proof that you have returned the merchandise, whichever is the earlier.
In any case, you must either return or send back the merchandise within 14 days, starting from the day where you have informed us about the cancellation of the contract. This time period is upheld, if you have sent back the merchandise before the end of the 14-day time period. We bear the costs for the return shipment. Please refer to the printed exchange/returns document, which is part of every shipment and/or refer to the following link: exchanges/returns.
(2) This cancellation right does not exist for products,
which are not pre-produced and are made to order based on customers specifications or which clearly apply to customers’ needs (e.g. special orders), or which are easily perishable or exceed rapidly their expiration date,
which for health and safety reasons are not suitable for returns, if the seal has been broken after being delivered,
if, after their delivery, they have been inseparably mixed together, due to their nature.
(3) Please do not damage or soil the merchandise. All merchandise should be returned in the original packaging including any accessories and any packaging components. You might also want to use an additional protective wrapping. If you do not have the original packing anymore, we would ask you to pack and wrap the products with care and in a way, that they are securely protected from transport damage. This will protect you from any damage claims because of insufficient packaging.
Please note, that the aforementioned recommendations, which are stated in §5 do not constitute a requirement for the effective exercise of your right of cancellation.
Online-dispute resolution under Art. 14 para. 1 ODR-VO: The Europeen Commission provides a platform for online-dispute resolution (ODR). please refer to the following link: http://ec.europa.eu/consumers/odr/
§ 6 Delivery
In case packaging and/or products are delivered to you, which are obviously damaged, please file immediately a complaint directly to the forwarder and get in touch with us afterwards.
Failure to file a complaint or to contact us does not have any influence on your statutory rights. However you help us to be able to assert our own claims towards the forwarder and the transport insurance.
§7 Applicable law and final clause
The contract shall be exclusively subject to German Law, but excluding the UN Convention on the International Sale of Goods (UN Sale of Goods Law). In the event that a provision of these General Terms & Conditions is void, the validity of the remaining provisions shall remain unaffected. Instead of such invalid provision, the relevant statutory provisions shall apply.