Terms of service

• 1 Scope of application & consumer information
  

We (Maison Héroïne GmbH) carry out your order in accordance with our GTC valid at the time of the order. The current version of the GTC of Maison Héroïne GmbH is available to you on our website www.maisonheroine.com under the heading "GTC", from where you can also download and save or print them out. Our "GTC" apply exclusively to the entire business relationship.
The German language is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign transactions.
You can print or save these GTC. To do this, you can download this document as a PDF and save it on your computer. To open a PDF file, you will need the Adobe Acrobat Reader DC program, which can be downloaded free of charge from the Internet (https://get.adobe.com/reader/?loc=de).
Your contract and order data as well as the contract text are stored by us; direct access is not possible for security reasons.
Before you click on "Buy now" on our homepage, you have the opportunity to recognize and correct input errors before submitting the contract declaration.

• 2 User account registration
  

Only natural persons, partnerships and legal entities with unlimited legal capacity are permitted to register a user account. Minors may not register. The registration of a legal entity may only be carried out by an authorized natural person, who must be named.
When completing the registration application, truthful, accurate, up-to-date and complete information must be provided for the data requested in the registration forms. We reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable period of time in the event of incomplete registration of member accounts or in the event of unreliable or incorrect information.
Any disruption of our homepage or further use of your user account outside of the use provided for in these GTC is prohibited. In particular, manipulation with the aim of causing damage, completely or temporarily impairing the use of our homepage or obtaining unauthorized payments or other advantages to our disadvantage is prohibited. We will prosecute violations under both civil and criminal law.
In the event of a breach of this § 2 or a concrete suspicion of such a breach, where there is a risk of damage, we are entitled to block your user account immediately.
We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Contracts that have already been confirmed remain unaffected.
You can delete your user account at any time via customer service. Please note our privacy policy and the cookies we use.

• 3 Conclusion of contract
  

Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not constitute a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, you submit a binding offer to conclude a purchase contract for the desired goods by clicking on the "Buy now" button.
We are entitled to accept your offer within 5 calendar days by sending a contract confirmation (by post or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is deemed to have been rejected. No purchase contract is concluded for products that are not listed in the order confirmation.

• 4 Delivery
  

We deliver goods in stock in Germany within 1-3 working days at the latest after conclusion of the contract by DHL. Different delivery times are stated in the item description.
For shipments outside the Federal Republic of Germany and within Europe, delivery regularly takes 2-3 working days if the goods are available. For shipments to non-European countries, the delivery time is 5-10 working days, depending on the shipping method (airmail / land / sea) and the recipient's location.
If you order a product that was available according to the item description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract.
We are entitled to make partial deliveries or render partial services insofar as this does not unreasonably impair conflicting interests. If a partial delivery is made, we will of course bear the additional shipping costs. You will not incur any further costs as a result.
The delivery time shall be extended appropriately if the delivery is affected by force majeure. In particular, subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transportation hindrances, changes in statutory provisions, official measures or regulations or the occurrence of other unforeseeable events which are beyond our control and which, from an objective point of view, have not been culpably brought about by us, shall be deemed equivalent to force majeure. Should one of the cases described above occur, we will inform you immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, shall not exist in this case. This does not apply in cases of intent or gross negligence, in the case of warranties or if liability is mandatory for breach of essential contractual obligations due to simple negligence or if liability is mandatory for foreseeable damage typical of the contract for legal reasons.

• 5 Right of withdrawal
  

Consumers have a statutory right of withdrawal. The relevant instructions and a sample withdrawal form can be found at the end of these e-shop terms and conditions.

• 6 Prices
  

All prices quoted are in euros and include statutory VAT.

• 7 Shipping costs (domestic and international)
  

We offer free shipping throughout Germany on all orders over €150. For orders up to 150€ we charge 6€ shipping costs.
For deliveries within the EU (except Germany) including Liechtenstein and Switzerland we charge 15€ shipping and handling costs.
Returns are always subject to a charge and are possible up to 14 days after delivery.

The buyer is aware that customs duties, fees, taxes and other public charges (hereinafter collectively referred to as "customs duties") are incurred when shipping the purchased item to countries outside the European Union or to Switzerland and Liechtenstein. All customs duties shall be borne by the buyer. Even if the goods are returned to the Seller, the Buyer shall bear the customs duties or shall be solely responsible for any reversal with regard to customs duties already paid; in this respect, the Seller shall have no obligation to reimburse and/or compensate the Buyer.

• 8 Terms of payment
  

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is specified on the invoice according to the calendar, you are already in default by missing the deadline. In the event of default, we are entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at a rate of eight percentage points above the prime rate. We reserve the right to prove and claim higher damages caused by default, § 288 para. 3, 4 BGB.
We accept payments by credit card, PayPal and Klarna. To process your payments, we transmit your data to the respective payment provider via a secure connection after your order has been completed. If your place of residence is outside Germany, payment is only possible by instant bank transfer, credit card and PayPal.
a) Payment by Klarna: In cooperation with Klarna, we offer payment by instant bank transfer. If you select this payment method, you will be redirected to the secure website of Sofortüberweisung and can initiate a direct transfer to us via your bank using your usual online banking data (PIN and TAN). When paying by instant bank transfer, the stated delivery times apply from receipt of the money in our account. If the amount is not received in our account within 7 days, we can withdraw from the contract.
b) Payment by PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. Once the amount has been credited to our account, the goods will be dispatched.
c) Payment by credit card: Your credit card account will be debited immediately after completion of the payment process. All entries and checks relating to your payment are made and stored by the payment processor.
All payments are to be made to Maison Héroïne GmbH without deduction. A payment is only deemed to have been made when we can freely dispose of the amount.
Offsetting is excluded unless the offsetting claim is undisputed or legally established or recognized by us in writing. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling the customer to refuse performance, or if rights are asserted due to a defect.
General discount regulation:
a) Discount codes cannot be taken into account retrospectively.
b) Discount codes are not applicable to reduced items.

• 9 Warranty & Liability
  

Warranty for private customers
In the event of the delivery of defective products by MAISON HĒROÏNE, our customers are entitled to claims under the statutory warranty in accordance with the statutory provisions of §§ 437 ff. BGB (German Civil Code). Warranty claims expire two years after delivery of the goods.
If a defect is discovered before the expiry of 2 years after receipt of the products, the customer may demand the following:

1. (a) reduction of the price of the products;
   
2. b) reimbursement of the purchase price (withdrawal from the contract);
   
3. c) to replace the products with defect-free products;
   
4. d) repair of products.
   

Instead of reducing the price of the products or refunding the purchase price (rescission of the contract) as requested by the customer, MAISON HĒROÏNE may replace the products with identical, defect-free products or repair the products without undue delay and without unreasonable inconvenience.
If the replacement of the products with non-defective products or the repair of the products according to the customer's request is impossible or involves disproportionately high costs compared to the method proposed by MAISON HĒROÏNE, MAISON HĒROÏNE may offer the customer a reduction in the price of the products or a refund of the purchase price of the products (rescission of the contract).
Warranty claims can be asserted by providing proof of the date of purchase by means of an invoice and sending the item complained about together with a copy of the invoice to Maison Héroïne GmbH, Burgholzer Str. 5a, 60433 Frankfurt.
Warranty for commercial customers
If the customer is an entrepreneur, he must inspect the services provided immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect is found, notify us immediately. If the customer fails to notify us, the service shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the service shall be deemed to have been approved even in view of this defect. The timely dispatch of the notification shall suffice to preserve the customer's rights. The provisions on the obligation to give notice of defects shall not apply if a defect has been fraudulently concealed or if the customer is a consumer.

Further claims, in particular due to consequential damages, are generally excluded. This shall not apply in the event of intent, gross negligence or breach of material contractual obligations by us, or in the event of injury to life, limb or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely.
The risk of accidental loss and accidental deterioration of the goods in the case of sale by delivery to a place other than the place of performance shall pass to you or a recipient selected by you when the goods are handed over to you.
If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you when the goods are handed over to the shipper.
We exclude our liability for slightly negligent breaches of duty insofar as these do not relate to essential contractual obligations, damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the event of damage caused in any other way, we shall be liable for intent and gross negligence, including that of our vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health. We and our vicarious agents shall only be liable for damage to property and financial loss caused by negligence in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

• 10 Care
  

Please follow the cleaning instructions, which can be found on our website www.maisonheroine.com under FAQ. If care instructions are not followed correctly, changes are made to the products or care materials are used which we have advised against using or which we have expressly declared to be incompatible with the items or which do not meet at least average quality standards, there is no warranty.

• 11 Retention of title
  

The delivered goods remain our property until full payment has been made. If you are in arrears with the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand that you hand over the goods that have not yet been paid for. You are obliged to treat the unpaid goods with care.

• 12 Data protection, advertising by e-mail
  

We adhere strictly to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for the processing of your order. We store your order and address data for use in the context of order processing (including through transmission to the order processing partners or shipping partners used), for any warranty cases and for product recommendations to customers in accordance with the content of our privacy policy and the applicable data protection laws. Our privacy policy and our cookie policy can also be found as a link under Legal on our website www.maisonheroine.com
If a contract is concluded, we will send you advertising for similar goods by e-mail from time to time; if you do not wish to receive such advertising e-mails, you can object to this use of your e-mail address at the following e-mail address: service@maisonheroine.com

• 13 Right of access/revocation and objection in accordance with the Federal Data Protection Act (BDSG)
  

You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.
You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and commercial data processing.
You can also object to the collection, processing or use of your personal data at any time if an examination shows that your legitimate interest outweighs the interest of the controller in the collection, processing or use due to your particular personal situation. This does not apply if a legal provision authorizes or obliges the collection, processing or use.
Furthermore, you have the right to revoke your previously given consent to the collection, processing and use of your personal data at any time with effect for the future.
Further information or explanations on data protection can be obtained from the company data protection officer of Maison Héroïne GmbH, who can be contacted at hello@maisonheroine.com. Please also contact the data protection officer if you wish to exercise your right of objection or revocation in accordance with the BDSG. You can also find our privacy policy and our cookie policy as a link under Legal on our website www.maisonheroine.com

• 14 Applicable law
  

The law of the Federal Republic of Germany shall apply to all disputes arising from or on the basis of this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
The place of jurisdiction for all claims arising from or based on this business relationship, including those arising from bills of exchange and checks, is Frankfurt, provided that you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to take legal action at the court responsible for your registered office.

• 15 Final provision
  

The contract shall remain binding in its remaining parts even if individual provisions are invalid. Should a provision be wholly or partially invalid, the contracting parties shall immediately endeavor to achieve the economic success intended by the invalid provision in another, legally permissible manner.

• 16 Supplier information
  

Maison Héroïne GmbH
Burgholzer Str. 5a
60433 Frankfurt am Main

E-mail: service@maisonheroine.com

Managing Director: Michael Bauer
Commercial register: Local court Frankfurt am Main HRB 130858

VAT ID No.: DE 361984702

July 2023

Copyright © 2023 Maison Héroïne GmbH
Maison Hēroïne® is a registered and protected trademark.

• 17 Alternative dispute resolution
  

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG
17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
17.2 We are prepared to participate in an out-of-court dispute resolution procedure.

Right of withdrawal
Returns are always subject to a charge and are possible up to 14 days after delivery; this also applies in the event of withdrawal.
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal 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 the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
To exercise the right to cancel, you must inform us (Maison Héroïne GmbH, Burgholzer Str. 5a, 60433 Frankfurt, Deutschland, service@maisonheroine.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You will only be 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 withdrawal form
If you wish to revoke the contract, you can fill out this sample revocation form and send it back to us, Maison Héroïne GmbH, together with the goods or send the revocation in advance by email to: service@maisonheroine.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
o Ordered on (*)/received on (*)
o Name of the consumer(s)
o Address of the consumer(s)
o Signature of the consumer(s) (only for notification on paper)
o Date __.__.____
(*) Delete as appropriate.

IMPORTANT:
Please send the goods together with your revocation, sufficiently stamped to the following address:
Maison Héroïne GmbH
c/o MOODJA
Leipziger Str. 20
14612 Falkensee