1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Miraherba GmbH.
By placing the products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, French, Spanish, Italian
We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.
4. Delivery conditions
Delivery options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from Miraherba GmbH, Lindenstraße 40, 71634 Ludwigsburg, Germany during the following business hours: 10:00 - 17:00
5. Payment
5.1 Prices
The prices stated at the time of the order apply. These are total prices and include VAT.
5.2 Payment methods
The following payment methods are generally available in our shop.
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
SEPA direct debit
By placing your order, you grant us a SEPA direct debit mandate. We will notify you of the debit date at least one banking day in advance (so-called prenotification). A banking day is every working day, except Saturdays, federal public holidays, and December 24th and 31st of each year. Your account will be debited before the goods are shipped.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and during the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
6. Right of withdrawal
You have the statutory right of withdrawal as described in the cancellation policy.
7. Retention of title
The product remains our property until full payment has been made.
The following applies additionally to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
With respect to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Notice to merchants
Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 a.m. to 1:00 p.m. by phone at 07141 925988 or by email at [email protected].
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have submitted ourselves to the following codes of conduct:
- Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here .
Important notice: The online dispute resolution (ODR) platform will be permanently discontinued on July 20, 2025. Therefore, the submission of complaints on the ODR platform will cease on March 20, 2025. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Protection of minors
If your order includes products whose sale is subject to age restrictions, we ensure that the purchaser has reached the required minimum age by using a reliable process that includes personal identity and age verification. If a delivery is made, the courier will only hand over the goods after the age verification has been completed and only to the purchaser in person. Delivery to packing stations is not possible in this case.
14. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), 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 you and us is our place of business.
