General terms and conditions with customer information
1. Scope
2. Conclusion of the contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Redemption of campaign vouchers
9. Applicable Law
10. Place of jurisdiction
11. Information on online dispute resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "Mugisuru GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller via the seller in his online -Shop completes the goods offered. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1. The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer submits a binding offer to purchase the goods in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this represents a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking on this button, the seller declares, in deviation from the above regulations, to accept the customer's offer at the time the payment order is issued.
2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text can no longer be viewed online by the customer.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.7. The contract language is German.
2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices, unless otherwise agreed.
The seller is a small business owner within the meaning of Section 19 (1) UStG and therefore does not show sales tax.
If there are additional shipping costs, this can be found in the product description.
3.2. If the delivery is made to non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
3.3. The customer can choose the payment methods that are available in the online shop.
3.4. When paying by "PayPal", the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Delivery and shipping conditions
4.1. The delivery of goods on the dispatch route takes place to the delivery address specified by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
4.3. Pickup is not offered.
4.4. The delivery time to Switzerland is approx. 10-14 days. Deliveries to the EU approx. 7-12 days The delivery time begins with the dispatch of the order confirmation.If an article is not available at short notice, we will inform the customer. If we have delivery deadlines for reasons for which we are not responsible, can not comply (unavailability of the service), we will inform the buyer about this immediately and at the same time the expected, notify new delivery date. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part to resign; We will immediately reimburse any consideration already provided by the buyer. As a case of unavailability of the service In this sense, in particular, the late delivery by our supplier applies if we have a congruent hedging transaction have concluded, neither we nor our suppliers are at fault. We reserve the right to make partial deliveries if this is the caseserves to efficiently process the entire delivery. In this case, no additional shipping costs are due for subsequent delivery.In the event of delivery delays, such as B. due to force majeure, traffic disruptions, currently Covid-related delays in the supply chainsand rulings from high hands as well as other events for which we are not responsible cannot assert a claim for damages against usbe made.
5. Right of withdrawal
5.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
5.3. Consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract we grant 3 calender days for withdrawal
6. Retention of title
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1. With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect on the customer's statutory or contractual claims for defects.
8. Redemption of campaign vouchers
8.1. Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
8.2. Promotion vouchers can only be redeemed by consumers.
8.3. Individual products can be excluded from the voucher campaign.
The specific restrictions can be found on the campaign voucher.
8.4. Promotion vouchers can only be redeemed before completing the order process. There is no subsequent billing.
8.5. Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
8.6. The goods value of the respective order must at least reach the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
8.7. If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
8.8. The credit of a campaign voucher is neither paid out nor interest.
8.9. The campaign voucher will also not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
8.10. Campaign vouchers are generally transferable.
The seller can deliver with a discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of any non-authorization, legal incapacity or lack of authorization of the respective owner.
9. Applicable Law
9.1. The law of Switzerland applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
9.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of the conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside of Switzerland, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.
11. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.