Terms of service

General terms and conditions and customer information

1. Scope of the GTC

The following general terms and conditions (hereinafter referred to as "GTC") apply to all contracts and deliveries / services

mykima.de and as operator of the Onlineshop of the

eps GmbH & Co. KG
Ornauring 9
Germany

Phone: +49 8082 9498 611
Fax: +49 8082 9498 613

E-Mail: info@mykima.de

- hereinafter referred to as "Seller"

(Hereinafter referred to as "Customer"), which the customer concludes with the Seller via his online shop regarding the goods and / or services listed therein.

For the purposes of the present GTC, the term "consumer" means any natural person who concludes a legal transaction for a purpose which can not be attributed to either his commercial or self-employed occupation.

For the purposes of the present GTC, an entrepreneur is any natural or legal person or legal person who is acting in the exercise of his independent professional or commercial activity when a legal transaction is concluded.

Individual agreements have priority over these terms and conditions.

The contract language is German. The contract text is stored by the vendor himself after conclusion of contract. The contract text is therefore accessible to the customer at the seller 's request.

The Seller has not submitted itself to any Code of Conduct.

The contract text is available to the customer after signing the contract (at least until the contract has been fulfilled) via a login (after successful registration). Furthermore, the customer can inform himself about the processing status of his order. If the customer wishes a permanent storage of the contract text, the customer has to take care of this himself. This can be done, for example, by storing it on your own PC by using the browser function "save as" or by printing the contract via the print function "print" of its browser.

The contract text will be sent to the customer after sending his order with the GTC in text form (eg letter, fax, e-mail) to the specified address.


2. Condition of the contract

The presentation of the goods and / or services offered in the Seller's shop does not constitute a legally binding contractual offer of the Seller, but is only to be understood as a non-committal invitation to the Customer to order goods and / or services (invitatio ad offerendum). By ordering the desired goods and / or service by telephone, by post, by fax, by e-mail or by clicking the button "order for payment" via the order form integrated into the seller's online shop, the customer provides a binding offer To conclude a purchase contract.

The customer is automatically informed by e-mail about the receipt of the order. The payment of the goods and / or service by means of a payment system (eg PayPal) made available to the customer does not lead to the conclusion of the contract. The acceptance of the order and thus the condition of the contract (contract conclusion) comes only by a confirmation of the seller in text form (eg by e-mail) in which the customer confirms the execution of his order or the delivery of the goods and / or service becomes. Irrespective of this, the acceptance of the order may also be effected by sending the goods and / or services to the customer within five working days.

If the customer has not received an order confirmation or notification of the delivery of the ordered goods / services within five working days and the customer has not received the ordered goods / services, he is no longer bound to his order. If services have already been provided by the customer, they are immediately refunded to the customer.

The customer has the option to re-examine all details before binding his order, and to change this if necessary. This can be done by pressing the "Back" button contained in the Internet browser used by the customer. By pressing the "Back" button, the customer returns to the website, on which the customer's details are recorded. There, the customer can correct input errors or stop the ordering process by closing the Internet browser.

The customer has to ensure that the e-mail address specified by him is correct, that e-mails can still be received under the e-mail address specified by the customer, and that, should the customer use a firewall or so-called SPAM filters , It is ensured that e-mails sent by the seller can also reach the customer. The same applies to the receipt of e-mails from third parties which have been commissioned by the vendor to process the order.

The object of the contract is the sale of goods and the provision of services. The essential characteristics of the goods and services can be taken from the vendor's product description.


3. Prices and shipping costs

The prices stated by the seller in the respective offers are final prices. These include all price components, including all applicable taxes.

If delivery and shipping costs are incurred, they are not included in the purchase price. Shipping and shipping costs are either stated separately in the respective presentation of the product in the offer or can be called up via the links: "shipping costs" or "payment possibilities". In addition, the delivery and shipping costs are always stated separately in the course of the ordering process.

The customer shall always pay additional shipping and shipping costs, except for the selected goods and / or service, the seller expressly agreed to the delivery-free delivery.


4. Terms of payment

The customer has the option to choose various payment options, unless the seller has set the opposite in his respective product description.

The following payment options are offered for deliveries within Germany:

Payment in advance
Invoice for regular customers (from 1st order)
PayPal (credit card, paypal account, bank transfer)
The following payment options are offered for deliveries abroad:

Payment in advance
Invoice for regular customers (from 1st order)
PayPal (credit card, paypal account, bank transfer)
If the ordered goods and / or services are delivered to countries outside the European Union, the seller is not responsible for any costs that the customer has to bear in addition. These may be, for example, costs for taxes (e.g., duties), import duties, charges for transferring money by credit institutions (e.g., transfer or exchange fees).

If the customer was selected by payment in advance, the customer undertakes to pay the purchase price immediately after conclusion of the contract.


5. Payment / shipping conditions

The delivery is made to the delivery address stated by the customer. If the customer chooses the method of payment "in advance", the goods and / or service will not be sent to the seller's account before the payment has been received.

The conclusion of the contract shall be subject to the proviso that in the event of incorrect or improper self-deliveries, the Supplier shall not make any or only partially. This applies only in the event that the non-delivery is not represented by the seller and the seller has concluded a congruent cover transaction with his supplier with due diligence. Seller shall make every reasonable effort to procure the goods. Otherwise the consideration will be refunded immediately. In the case of non-availability or partial availability of the goods, the customer shall be informed without delay.

If the consumer is:

The risk of the accidental loss and the accidental deterioration of the goods sold will not pass to the customer until the goods have been handed over to the customer. It is unimportant whether the goods are shipped insured or uninsured.

If the customer entrepreneur applies the following:

The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer with delivery of the goods to the carrier commissioned by the seller with the delivery of the goods.

Vouchers or bonus points that the customer has received from mykima.de can only be counted against orders. Cash disbursements are excluded.


6. Proprietary reservation

If the consumer is:

The Seller reserves the title to the delivered goods until full payment of the purchase price.

If the customer entrepreneur applies the following:

The buyer is entitled to resell the delivered goods in ordinary business transactions. The purchaser hereby assigns to the seller all claims in the amount of the invoice amount which arose from the resale to a third party. The seller accepts the assignment. After the assignment, the buyer is authorized to collect the claim. The Seller reserves the right to collect the claim himself, as soon as the Purchaser fails to comply with his payment obligations properly and is in default of payment.

The processing and processing of the delivered goods is always in the name and on behalf of the seller. If the goods are processed with items not belonging to the seller, the seller (at the time of processing) acquires co-ownership of the new goods in proportion to the value of the goods delivered by the seller to the other processing goods. This shall also apply if the delivered goods are mixed with other objects not belonging to the Seller.

If the delivered goods are combined with a different object or property, the purchaser assigns to the seller the demand for security arising from the combination against a third party.

The seller undertakes to release collateral to the customer at the customer's request, provided that its value exceeds the receivables to be secured by more than 10%. The seller decides which securities will be released in this case.


7. Warranty

7.1 If the customer is a consumer, the following applies:

All goods from our shop are subject to statutory warranty rights.

7.2 The warranty rights of the customer shall be governed by the statutory provisions, whereby, contrary to legal requirements, the warranty period for used goods shall be limited to one year from delivery of the goods.

7.3 Shortening the limitation period for warranty claims to one year does not apply to damages caused by the seller or his vicarious agents from a violation of life, body, health and in the case of malicious, grossly negligent or intentionally caused damage. The recourse claim according to § 478 BGB is also excluded from the reduction of the limitation period.

7.4 If the customer is an entrepreneur, the following applies:

The customer has to examine the goods immediately after the delivery by the seller, as far as this is possible after the regular business transaction, and if a defect shows, the seller immediately. If the customer fails to make the notification, the goods shall be deemed to be approved, unless the defect is a defect that was not apparent during the examination. If such a defect appears later, the notification must be made immediately after the discovery. Failing this, the goods are considered approved. The timely sending of the advertisement is sufficient to preserve the rights of the customer. If, however, the seller has intentionally concealed the defect, he can not rely on the provisions of § 377 HGB.

7.5 In case of a defect, the seller is free to fulfill his obligation to guarantee either by repair or replacement. In the case of a defect in the defect removal, the customer can at his own choice either demand a reduction or withdraw from the closed contract.

7.6 The limitation period for warranty claims for entrepreneurs for newly manufactured goods is one year from delivery of the goods. When selling used goods the warranty is excluded. The shortening of warranty claims for new products for one year or the exclusion of the warranty for used goods does not apply to damage caused by a damage to the seller or his vicarious agents resulting from injury to life, body, health and damage caused by malicious intent, gross negligence or deliberate damage . Likewise excluded from the reduction of the limitation period is the recourse claim according to § 478 BGB.


8. Liability

The Seller shall only be liable for damages arising to the extent that the damage was caused intentionally or through gross negligence by the Seller, his employees, legal representatives or other vicarious agents. In addition, the seller is only liable for damages caused by the violation of important contractual obligations of the seller. In the case of negligent violation of a material contractual obligation, the liability is limited to the replacement of the typical average damage that can be foreseen at the conclusion of the contract. Essential contractual obligations are understood as duties which the contract imposes upon the seller according to its content for the purpose of achieving the contractual purpose, or whose fulfillment makes the proper implementation of the contract possible at all and upon which the customer may regularly rely. On the other hand, the Seller shall be liable for claims in case of willful intent, gross negligence, fraudulent intent, injury to life, body or health, insofar as the Product Liability Act or other mandatory legal provisions apply or if the seller guarantees the quality of the goods Sold goods.


9. Applicable law / Jurisdiction

All disputes arising from the contract between the seller and the customer are governed by German law. If the customer is a consumer, this choice of law applies only if this does not remove mandatory requirements of the country in which the customer is habitually resident (favorable principle). The application of the UN purchase law is excluded.

The place of jurisdiction for all disputes arising from the contractual relationship between the seller and the customer shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a public-law special fund . The same applies if such a customer does not have a general court of jurisdiction in Germany or the EU, or if the client's place of residence or the habitual residence at the time of the complaint is unknown. In addition, the seller shall not be obliged to bring the court to another legal court upon request.