1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding 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 only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Miraherba GmbH.
By placing the products in the 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 aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English, French, Spanish, Italian
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
Shipping
Shipping costs may apply in addition to the stated prices. You can find out more about any shipping costs that may apply in the offers.
Delivery options
We ship the products to the delivery address specified in the ordering process.
In principle, you have the option of picking up from Miraherba GmbH, Lindenstraße 40, 71634 Ludwigsburg, Germany during the following business hours: 10:00 a.m. - 5:00 p.m
5. Payment
The following payment methods are generally available to you in our shop.
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on pickup
You pay the invoice amount in cash upon collection.
Credit card
During the ordering process you provide your credit card details. Your card will be charged immediately after you place your order.
SEPA direct debit scheme
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.
Apple Pay
In order to be able 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 and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M we offer the payment methods giropay. In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
Giropay can offer registered giropay customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities affect your legal relationship with giropay. You can find further information about this in your giropay account.
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 stipulated 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 in 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 can offer registered Klarna customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities concern your legal relationship with Klarna. You can find more information about this in your Klarna account.
PayPal
In order to be able 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 and authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment options in the customer account. However, we have no influence on offering these modalities; Further individually offered payment modalities concern your legal relationship with PayPal. Please see your PayPal account for more information.
Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
6. Right of withdrawal
You have the statutory right of cancellation as described in the cancellation policy.
7. Retention of title
The product remains our property until full payment has been made.
The following also applies to entrepreneurs: We reserve ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - 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, but we may also collect claims ourselves if you do not 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 errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage 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 or fraud
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were 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 entrepreneurs, 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 normal use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Warranties and Customer Service
Information about any additional guarantees that may apply and their exact 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. on the telephone number 07141 925988 and by email at [email protected].
10. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event 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
- as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.
11. Code of Conduct
We have adhered 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 (OS), which you can find here . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Protection of minors
If your order includes products whose sale is subject to age restrictions, we use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age. If a delivery is made, the deliverer only hands over the goods after checking the age and only to the customer personally. In this case, delivery to packing stations is not possible.
14. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, 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 us and you is our place of business.
General terms and conditions created with the Trusted Shops legal copywriter