Terms and conditions
INSTAGRAM ADVENT CALENDAR SPECIAL
Conditions of participation: The competition starts each day, from 01.12.2018 - 24.12.2018, at 7 am (Central European Time). The winner is chosen each day at 8 pm / winners will be raffled randomly and notified via dm. Everyone who is at least 18 years old is allowed to participate. The contributions may not infringe the rights of third parties. The raffle is unrelated to Instagram and we are not sponsored or organized by Instagram in any kind of way. The legal process is excluded. The profit is not paid. If the package is lost, we assume no liability for the profit.
SCOPE AND CONSUMER INFORMATION
We (MH Berlin GmbH) will execute your order according to the General Terms and Conditions applicable at the time of the order. The General Terms and Conditions of MH Berlin GmbH are available as their current version on our website www.maisonheroine.com under the heading “General Terms and Conditions”, which you can also download and save or print out. Our “General Terms and Conditions” shall apply exclusively for the entire business relationship.
German shall be the language for all negotiations and contracts. The following terms and conditions shall also apply exclusively for all foreign transactions.
You can print out or save these General Terms and Conditions. In order to do this, you can download this document as a PDF file and save it on your computer. You will need the program Adobe Acrobat Reader DC to open the PDF file, which can be downloaded free-of-charge from the Internet get.adobe.com/reader/?loc=en)
Your contract and ordering details, as well as the text of the contract, will be stored by us – a direct access is not possible for security reasons. You will have the opportunity to sign up on our website via “My account” with your user name and your password, and thus to retrieve your profile, your address, your order history and to recall your orders, and process it, if necessary. Your personal access data are intended only for you and must not be disclosed for third-parties to access.
As part of the ordering process, you have the opportunity via our website to recognise and correct any entry mistakes before submitting the contract declaration, and before you click on “buy now”, by clicking on the highlighted button “change data”.
CONCLUSIONS OF CONTRACT
Our offers are subject to confirmation and are non-binding. The presentations on our websites represent as such no legally binding offer. You can order from us by phone, via our website (internet), or by e-mail. When ordering via our website in the E-shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods. Also, in the case of your order by phone or by fax, you make a binding offer by sending the fax or by issuing an order orally.
We are entitled to accept your offer within 5 calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If your offer is not accepted by us within 5 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.
We ship goods to you domestically which are in stock no later than 1-5 working days after conclusion of the contract via DHL. In the case of payment in advance, delivery times shall extend from the date of receipt of payment in our account. Differing delivery times shall be specified in the context of the item description.
Goods shipped from outside Germany and within Europe which are available are normally delivered within 5-14 working days. For shipments to non-European countries, the delivery time depends on the type of shipping (airmail / overland / maritime) and the location of the recipient.
If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.
We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you.
The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which – taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.
RIGHT OF WITHDRAWAL
Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these E-shop terms and conditions.
All prices are amounts in Euros and include value added tax. Postage and shipping costs shall be added accordingly (see shipping costs).
TERMS OF PAYMENT
The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of 8 percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert § 288 para. 3, 4 BGB.
We accept payment in advance, credit card, PayPal, and direct debit. Further information and Klarnas user terms can be found here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider PayPal or Klarna (PayPal S.à r.l. et Cie, S.C.A.; paypal.com; Klarna AB (publ)., klarna.com ). If your place of residence is outside of Germany, payment is only possible in advance, by credit card and PayPal.
a) Payment in advance: when paying in advance, you have to transfer the invoiced amount upon completion of your order within 7 days to our account. With payment in advance, the specified delivery time shall apply from receipt of payment in our account. If the amount due is not in our account within 7 days, we can withdraw from the contract.
b) Payment via PayPal: here you pay the invoiced amount via the online service provider PayPal. You have to register with PayPal and/or be registered, so that you can legitimize your access data and confirm the payment instruction to us (exception is in the case of guest access, if applicable). You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
c) Payment by Klarna: In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Invoice: When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. The complete terms and conditions you can find here.
Part Payment: With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. Further information regarding Part Payment including terms and conditions and Standard European Consumer Credit Information can be found here.
Credit Card (Visa/ Mastercard)
A set-off shall be excluded, unless the set-off claim is undisputed or has been legally established or acknowledged by us in writing. You can only exercise a right of retention insofar as the claims arise from the same contractual relationship. Exclusions do not apply if a counter-claim is made which emerges from a justified non-cash claim from a refusal of performance, or asserted rights due to a deficiency.
General discount clause:
a) discount codes cannot be taken into account in hindsight, unfortunately.
b) discount codes do not apply for reduced articles.
WARRANTY AND LIABILITY
Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the MH Berlin GmbH, Fidicinstr. 17, 10965 Berlin. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
The warranty period for entrepreneurs is reduced to 1 year for defects, if there is no case for compelling liability, as in particular envisaged by § 478 BGB. Claims for compensation shall also remain unaffected by the shorter limitation period.
If the customer is an entrepreneur, he has to inspect the services provided immediately after delivery, as far as possible according to proper business procedures, and, if a deficiency becomes evident, to notify us of this immediately. If the customer fails to make this notification, the performance shall be deemed as approved, unless there is a defect which was not visible during the inspection. If such a defect becomes evident later on, the notification must be made immediately after discovery of the defect. Otherwise, the performance shall be considered approved, also in the light of this defect. In order to preserve the rights of the customer, the timely dispatch of the notification shall suffice. The rules on the obligation to give notification shall not apply if a defect has been fraudulently concealed or the customer is a consumer.
Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.
The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.
We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body 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 case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.
RESERVATION OF TITLE
The delivered goods shall remain in our ownership until full payment has been made. If you come in arrears with the purchase price payment, we have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.
DATA PROTECTION, ADVERTISING VIA EMAIL
In the event of the conclusion of the contract, we will send you advertising for similar goods by email from time to time; if you do not wish to receive such promotional emails, you can refute the use of your email address by contacting the following email address: email@example.com.
RIGHT TO INFO
You have the right to information, as well as under certain circumstances a right to correction, freezing/blocking and deletion of your data stored in our systems.
Furthermore, you have a right to object to the processing or use of your personal data for advertising purposes or for market and opinion research, as well as for the trade with addresses and commercial data processing.
You can always also object to the compilation, processing or use of your personal data if an evaluation shows that your legitimate interest because of your particular personal situation outweighs the interest of the responsible authority involved in the collection, processing or use of such data. This does not apply if legislation entitles or obliges this collection, processing or use of data.
Furthermore, you basically still have the right to revoke a previously granted consent to collect, process and use your personal data at any time with effect for the future.
For all disputes arising from or as a result of this agreement, the law of the Federal Republic of Germany will apply under exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions of in particular the State in which the customer as a consumer is ordinarily resident, shall remain unaffected.
The place of jurisdiction for all claims arising from or due to this business relationship, including those from bills of exchange and cheques, is Berlin, insofar as you are a merchant in the sense of the commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court of jurisdiction responsible for your company headquarters.
Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavour to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.
MH Berlin GmbH
Tel.: +49 (0)30 55074729
Managing Director: Anton Jurina
Commercial register: District Court Berlin HRB 180527
VAT ID No.: DE 815577063
Current status: January 2017
Copyright © 2017 by MH Berlin GmbH
Maison Hēroïne® is a registered and protected trademark
RIGHT OF REVOCATION
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took the goods in their possession, in the case of a contract for the supply of goods in several partial shipments or, on the day on which you or a third party nominated by you, who is not the carrier, took the last part of a shipment or the last item in your or their possession.
In order to exercise your right of withdrawal, you must inform us by making a clear statement (e.g. a letter sent by mail or e-mail) of your decision to revoke this agreement. You can use the attached sample withdrawal form for this purpose, which is, however, not compulsory.
It shall be deemed sufficient to send notification expressing your wish to exercise the right of withdrawal before the withdrawal deadline expires.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we have to return all payments that we have received from you, including the delivery charges (except for the additional costs arising from a different type of delivery to that offered by us as the best standard form of delivery), without delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract was received by us. We shall use the same means of payment you used for the original transaction, unless otherwise expressly agreed with you; in any case, no charge will be made for this repayment. We can refuse to pay any refund, until we have received the goods back from you, or you have provided evidence that you have returned the goods, depending on which of these dates was earlier.
You shall return or hand over the goods promptly to us, in any case no later than fourteen days from the date of which you informed us about your withdrawal from this contract. The deadline shall be ensured if you send back the goods before expiration of the fourteen day period. The immediate cost of returning the goods shall be borne by you.
You must only bear a possible loss in value of the goods if this loss in value is due to unnecessary handling to check the quality, properties and function of the goods.
EXAMPLE OF WITHDRAWAL FORM
If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:
MH Berlin GmbH, Fidicinstr. 17, 10965 Berlin, Email: firstname.lastname@example.org.
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the customer (s)
Address of the customer (s)
Signature of the customer (s) (only for communications on paper/hardcopies)
(*) Delete as appropriate.