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Terms and conditions
General Terms and Conditions for online orders at MIKA GmbH
§ 1 Validity
(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. These are part of all contracts that we conclude with our customers about the goods offered by us within the framework of the online shop.
(2) These terms are subject to the laws of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply.
§ 2 Offer and conclusion of contract
(1) All offers contained in the online shop are non-obligatory. By placing an order, the customer submits a binding offer. The contract is concluded upon receipt of the order confirmation by e-mail. The read confirmation is considered as proof of access.
The written agreement of the seller is required for the transfer of the purchaser’s rights and obligations under the purchase contract.
§ 3 Contractual characteristics
(1) Changes in products and deviations: The products offered may be changed at any time without prior notice. MIKA GmbH and/or its suppliers reserve the right to change colours, design and material properties. Natural deviations, variations and tolerances do not entitle the customer to make a complaint.
§ 4 Prices and payment
(1) The prices include the statutory value added tax, unless this is shown separately.
(2) The purchase price and prices for ancillary services are due for payment in accordance with the invoice. Payments can only be made by bank transfer to a bank account specified by us.
(3) If the buyer is in default with the obligations arising from the purchase contract, the seller can withdraw from the contract. Other rights of the seller are not affected by this.
(4) The buyer can only offset claims of the seller if the counterclaim of the buyer is undisputed or legally enforceable. They can only assert a right of retention if it is based on claims from the purchase contract.
(5) As our articles are partly subject to currency fluctuations and we do not always have all articles in stock, we reserve the right to make short-term price changes without prior notice. In case of doubt, the valid Internet shopping price of the respective order date will be used as a basis.
§ 5 Delivery and delivery time
(1) The delivery periods indicated for the articles are calculated from receipt of the binding offer (your order in the online shop).
(2) In the event that the ordered goods are not provided by our suppliers, provided incorrectly or not on time for reasons for which we are not responsible,
we reserve the right to withdraw from the contract. The buyer will be informed of this without delay, the consideration already received will be reimbursed without
(3) If goods with different delivery times are ordered, dispatch of the entire order is based on the longest delivery period. By agreement the order will be shipped in partial deliveries. Any additional shipping costs incurred shall be borne by the buyer.
In the event of unforeseen temporary delays in delivery of individual articles, we reserve the right to make partial deliveries. Forwarding shall be at the seller’s expense.
(4) Force majeure, or operational disruptions on the part of the seller or their suppliers, that prevent the seller from delivering the object of purpose by the agreed date or within the agreed deadline, without this being the seller’s fault, change the dates and periods listed in Paras 1 to 4 of this section for the duration of the disruptions to services affected by these circumstances. If disruptions of this nature lead to a delay in delivery of more than 4 months, the purchaser may withdraw from the contract. Other rights of withdrawal remain unaffected by this.
§ 6 Retention of title
(1) The object of purchase remains the property of the seller until settlement of the claims to which the seller is entitled on the basis of the purchase contract.
(2) As long as the retention of title ownership continues, the purchaser may neither use the purchased item, nor permit third parties to use it on a contractual basis. The object of purchase must be treated with care.
(3) In the event of access to the reserved goods by third parties – in particular bailiffs – the purchaser will point out our ownership and inform us immediately so that we can enforce our ownership rights. The buyer must notify us immediately of any change in ownership of the goods or of their own residence.
§ 7 Limitations of liability
(1) The following limitations of liability shall not apply to our liability for willful conduct or gross negligence, for guaranteed quality characteristics, for injury to life, body or health or under the Product Liability Act.
(2) If the purchaser has a claim to compensation for damage caused by delay, this is limited to a maximum of 5% of the agreed purchase price in the case of slight negligence of the seller.
(3) If the purchaser is entitled to compensation for damages instead of the service, the claim is limited to a maximum of 10% of the agreed purchase price in the case of slight negligence.
(4) If the purchaser is a legal entity under public law, a special fund under public law, or an entrepreneur engaged in commercial or independent professional activity by concluding the contract, claims for damages arising from slight negligence are excluded.
(5) If the purchaser chooses to withdraw from the contract after subsequent performance has failed, they shall not be entitled to additional compensation for the defect.
§ 8 Warranty for defects, revocation
(1) The rights of the purchaser in the event of defects are governed by the statutory provisions.
(2) In order to guarantee a smooth process, returns of goods are to be franked due to warranty rights and returned without postage charges. The necessary shipping costs will be reimbursed by MIKA GmbH immediately. The most cost-effective and reasonable method of return shipment is to be chosen.
(3) For returns due to the exercise of the right of revocation the forwarding expenses fall to the buyer.
If the goods cannot be shipped by post due to their condition, the maximum shipping costs will be charged to the buyer.
before the conclusion of the sales contract.
§ 9 Final provisions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law,
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
The same applies if the buyer does not have a general place of jurisdiction in Germany or if their place of residence or
habitual residence is not known at the time the action is filed.
Should any of these terms and conditions be wholly or partially invalid,
this shall not affect the validity of the remaining provisions.