1. scope of application
1.1. We, Mijo GmbH, Handwerkerstraße 19, 15366 Hoppegarten, provide our service exclusively on the basis of our General Terms and Conditions.
1.2. Our General Terms and Conditions shall also apply to all future transactions, repeat orders, verbal orders, etc. without the need to expressly refer to them again.
1.3. There are no oral agreements.
1.4. Deviating terms and conditions of the customer are hereby expressly rejected. They shall not apply even if we execute the order and do not object to the reference to them. The customer’s terms and conditions of business shall only become part of the contract with our written consent.
1.5. Our offer is directed exclusively to customers who have reached the age of 18 and are entrepreneurs within the meaning of § 14 para. 1 BGB are. With the order, the customer confirms that the business transaction takes place in the exercise of commercial or independent professional activity. We are entitled to demand proof of entrepreneurial status in the form of an extract from the commercial register or a business registration.
2. conclusion of contract
2.1. The contract is concluded with Mijo GmbH, Handwerkerstraße 19, 15366 Hoppegarten.
2.2. The product presentation on our website does not constitute a binding application for the conclusion of a contract. Rather, it is a non-binding invitation to order products.
2.3. Our offers are subject to change. Delivery dates, articles, qualities and prices are subject to change.
2.4. Ordering goods/services is possible via our contact form, by phone or by email.
2.5. The contract is concluded by order confirmation or by sending the ordered goods. Our order confirmation shall be authoritative for the content of the contract if we do not receive a written objection within 14 days of the date of our order confirmation; this shall not apply if the order confirmation deviates from the order to such an extent that the customer’s consent cannot be expected. Necessary dispositions by us within the scope of the placed order are permissible for reasons of production technology or market adjustment.
2.6. If, after conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that our claim to the purchase price is jeopardized by the customer’s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB).
2.7. The language(s) available for the conclusion of the contract: English, French, German, Spanish.
2.8. The contract text is not stored by us.
2.9. After successful fulfillment of the contract, we reserve the right to advertise our service on our website https://mijo-brand.de with company names and/or word/figurative marks of our customers.
3. prices and terms of payment
3.1. The prices stated on the product pages are net and do not include VAT. the respective statutory value added tax and the respective shipping or delivery costs.
3.2. All payments are made in EURO.
3.3. Foreign payments are free of charge for us. Any fees and expenses incurred shall be borne by the customer.
3.2. We reserve the right to carry out a credit check via Schufa, Creditreform or another credit agency. We reserve the right to deliver instead of the usual payment conditions only with advance payment or other payment conditions to be agreed with the customer.
3.4. All invoices are sent by email.
3.3. The customer has several payment options available, which are indicated on the seller’s website.
3.4. If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract.
3.5. In the case of a purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we point out the corresponding payment restriction to the customer in our payment information in the online store. We also reserve the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
3.6. The date of payment shall be the date on which the Seller’s account is credited. If payment deadlines granted are exceeded, interest on arrears shall be charged at a rate of 10 percentage points above the prime rate. Further claims remain unaffected by this.
3.7. Each reminder will be charged with 10,00 EUR.
3.8. If the customer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, we may, at our discretion, demand cash payment prior to receipt of the goods, delivery against cash on delivery or the provision of sufficient security by a suitable guarantor for any outstanding deliveries under any current contract, subject to the expiry of any agreed term of payment.
3.9. Payments shall always be used to settle the oldest debt items due, plus any default interest accrued thereon.
4. delivery and shipping conditions
4.1. The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Delivery is free of charge in Germany, unless otherwise agreed. In the case of payable shipping goods, the amount of shipping costs is shown in our offer and will be billed separately, if necessary.
4.2. In the case of goods delivered by freight forwarding, delivery shall be made “free curb”, i.e. to the public curb nearest to the delivery address, unless otherwise stated in our shipping information and unless otherwise agreed.
4.3. A self-collection of the goods and delivery to packing stations are not possible.
4.4. We are entitled to make partial deliveries.
4.5. We reserve the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and the latter has concluded a specific covering transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
4.6. If, due to the fault of the customer, the acceptance of the goods does not take place in due time, we shall be entitled, at our option, to deliver the goods repeatedly at the expense of the customer or to store the goods at the expense of the customer or, after setting a grace period, to withdraw from the purchase contract and to sell the goods elsewhere – also at a price reduction. The damage incurred by us in this respect plus any additional expenses shall be borne by the customer. We reserve the right to assert further claims.
4.7. Insofar as a delivery is not possible for reasons for which the customer is responsible, e.g. because the goods do not fit through the customer’s entrance door, front door or staircase, or because the customer cannot be found at the delivery address provided by him, although the customer was given reasonable notice of the delivery date, the customer shall bear the costs for the unsuccessful delivery and shall be obligated to pay a lump-sum compensation for delay. This shall amount to 1 %, for each full week of delay, but in total not more than 8 % of the value of the total delivery or the non-accepted part of the total delivery. The parties are at liberty to prove higher or lower damages.
5 Place of performance and transfer of risk
5.1. The place of performance for all services arising from the delivery contract is our registered office.
5.2. The risk is transferred to the customer when the goods are handed over to the carrier or leave our warehouse. This shall also apply in the case of shipment of the goods within the same location or in the case that the goods are transported by the customer’s own personnel and/or own means of transport. If the goods are ready for shipment and the shipment or acceptance of the goods is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of notification that the goods are ready for shipment. Any storage costs incurred after the transfer of risk shall be borne by the customer.
5.3. The risk shall pass to the customer ex our warehouse even if carriage paid delivery has been agreed.
5.4. If delivery is delayed due to circumstances for which the customer is responsible, the risk of accidental loss or deterioration of the goods shall pass to the purchaser at the time when the latter is in default of acceptance or debtor’s delay.
6. print job, design service
6.1. The print orders are carried out exclusively on the basis of the print and order data provided by the customer. The customer must ensure that the print data comply with our formats and specifications. We cannot guarantee error-free printing in case of deviating formats and specifications.
6.2. The print data and the print products produced therefrom must not violate legal provisions according to their content, in particular by being of a racist, xenophobic, violence-glorifying, sexist or other immoral or anti-constitutional nature or by pursuing such objectives, must not violate the rights and claims of third parties, in particular copyrights, and must not lead to the fulfillment of the print order violating such provisions, rights and claims. In the event of an infringement of third party rights through the fulfillment of the print order, the customer shall indemnify us against all resulting claims and claims for damages asserted against us as well as the costs of legal defense against proof. Our right to withdraw from the contract remains unaffected.
6.3. The customer shall carefully check the print data transmitted to us before sending it to us. An examination orthography, page arrangement or the like. by us does not take place.
6.4. If the print data transmitted by the customer is faulty, the customer will be notified accordingly. The customer is obliged to supply error-free print data or, at his own risk, to have the order printed with the disputed data or to cancel the order with costs.
6.5. The risk of any defects in the printed products as a result of incorrect print data shall be borne solely by the customer.
6.6. Additional costs incurred due to the incorrectness of the print data shall be borne by the customer.
6.7. The confirmation of the design sheets or the release of samples and print illustrations by the customer shall be deemed to be confirmation and release by the customer with regard to the size and arrangements of illustrations as well as color.
6.8. in the design of the products we support the customer in two (2) design rounds. The first two (2) design rounds are included in the quoted price. If additional design rounds and services are required, they will be compensated at 120.00 EUR/hour.
6.9. In the case of short-term contracts, the right of termination is excluded in accordance with Section 648 of the German Civil Code (BGB).
7. retention of title
7.1. We reserve title to the goods as well as to all items to be delivered in the future until full payment of all our present and future claims arising from the current business relationship. The retention of title shall remain in force even if individual claims are included in a current account and the balance is drawn.
7.2. The customer is entitled to resell the reserved goods only in the ordinary course of business. The customer hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) accruing to him from the resale against his customers or third parties. We accept the assignment at the same time.
7.3. Pledging, transfer by way of security or other obligations of the reserved goods are not permitted. In the event of seizures or other interventions by third parties, the customer must inform us immediately, stating the creditor of the seizure. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable to us for the loss incurred.
7.4. In the event that the delivered goods are combined, mixed or processed, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If the customer’s item is to be regarded as the main item, the customer shall transfer co-ownership to us on a pro rata basis.
8. set-off, right of retention
8.1. The customer shall only have a right of set-off if his counterclaim is not disputed by us or has been legally established.
8.2. The customer shall only have a right of retention if its counterclaim is based on the same contractual relationship.
9 Warranty and liability
9.1. Claims for defects do not exist for customary or minor technical deviations in quality, color, width, weight, equipment or design as well as minor fashion changes.
9.2. Complaints must be reported to us immediately upon receipt. Express reference is made to § 377 HGB.
9.3. In the event of justified complaints, we shall be entitled, at our discretion, to rectify the defect or to deliver defect-free replacement goods within 20 days.
9.4. After the expiry of the period specified in 8.3. mentioned period, the statutory provisions shall apply.
9.5. In the event of hidden defects in the entire delivery, the statutory provisions shall apply with the following limitation: We shall not be liable for delivery delays, non-performance and poor performance for which upstream suppliers and producers are responsible. The customer is only entitled to warranty and liability rights to the extent that we are entitled to these in relation to our suppliers and producers and can be enforced against them.
9.6. For new goods, the limitation period for claims for defects is one year from the transfer of risk. In the case of used goods, the rights and claims due to defects are excluded.
9.7. If a replacement delivery is made within the scope of liability for defects, the limitation period shall not recommence.
9.8. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.
9.9. In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on, due to slight negligence by us, our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
9.10. Otherwise, claims for damages are excluded.
10. force majeure
10.1. Insofar as a contractual partner is prevented from fulfilling its obligations as a result of force majeure, it shall be released from these obligations.
10.2. Force majeure is an external event that is unforeseeable and cannot be averted or averted in a timely manner even by exercising reasonably expected care and by technically and economically reasonable means. This includes, in particular, natural disasters, pandemics, epidemics, terrorist attacks, power failure, failure of telecommunications links, strikes and lockouts, provided that the lockout is lawful, or legal provision or action by the government or courts or authorities (regardless of their lawfulness). The affected contracting party shall notify the other contracting party without delay and inform it of the reasons for the force majeure and its expected duration. It shall endeavor to use all technically possible and economically justifiable means to ensure that it can fulfill its obligations again as quickly as possible.
11. conformity
11.1 The products may deviate from the agreements in terms of weight, size, number, color, concentration, composition and specific weight by 5-10%.
11.2 Samples and models are for reference purposes only. The customer cannot derive any rights from product images and information in catalogs and/or other advertising or promotional material of MIJO GmbH.
12. final provisions
12.1. The law of the Federal Republic of Germany shall apply to this contract and to all legal issues arising from contracts. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) and the reference provisions of German private international law are excluded.
12.2. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office.