Terms and Conditions
Terms and Conditions
Applicability
Our deliveries are made exclusively under these terms and conditions. Deviating agreements will only be effective if expressly confirmed by us in writing. For our foreign business partners, individual agreements shall apply.
The GTC can be requested from us and are published at the home page www.traumschwinger.de. We expressly reserve the right to make amendments.
Delivery
a. The specified delivery times will be complied with if possible, but are not binding. Subject to correct and due availability of the goods.
b. All cases of force majeure, including raw material and energy shortages and their consequences shall discharge us of the deliveries due for this period, without any obligation to pay compensation for damages. In such cases, notices of default shall be invalid. In such cases, we shall be entitled to full or partial withdrawal from the contract. Non-delivery culpably caused by us shall not entitle us to withdrawal.
c. We are entitled to make partial deliveries.
Dispatch
a. All goods are dispatched for the account and at the risk of the recipient. We do not assume any liability for damages that occur during transport. Please have any damages confirmed by the railway office or the transport company and submit the claims for compensation to these. We only take out transport insurance by express request and at the expense of the buyer.
b. The customer shall without delay inspect the delivered goods for quality and quantity variations and report visible defects without delay, at the latest within a period of one week from the receipt of the goods, in writing. Otherwise, the assertion of warranty claims is excluded. Concealed defects shall also be reported without delay, at the latest within a period of one week of the detection. To comply with the deadline, it is sufficient to dispatch the report in due time. The customer shall have the full burden of proof for all conditions for claims, especially for the defect itself, for the time of detection of the defect, and for the timeliness of the defect report.
c. Return shipments – including return shipments for the purpose of replacement – are only possible by prior appointment. Should the customer send goods or part of the goods back to us within the scope of warranty claims, he shall make sure that the goods are duly packed. Damages resulting from unsuitable packaging by the customer shall be borne by the customer.
d. The delivered quantity shall be checked, and any complaints shall be made within 8 days. Later complaints will not be accepted.
e. Packaging is charged at cost and is usually not taken back.
f. For returned goods, a handling fee amounting to 5% of the value of the goods may be deducted.
Right of Withdrawal
a. In the case of Internet orders, the statutory right of withdrawal pursuant to Article 3 of the Distance Marketing Directive enables you to withdraw from the goods within 14 days of the receipt of the shipment. For the withdrawal, it is sufficient to return the goods in due time. Please inform us by phone in case you want to return the goods. Please send your return shipments and notices of withdrawal to: Mira Art GmbH, Bünder Strasse 21, D-33613 Bielefeld, Germany, Tel: +49 521 66545, Fax: +49 521 1369262, info@mira-art.de.
Freight collect shipments will not be accepted.
You shall bear the cost of the return shipment if the delivered goods match the order. Goods that cannot be sent as a parcel will be collected from you; please contact us in order to make an appointment (Tel: +49 521 66545).
b. In the event of effective withdrawal, the performance received by both parties shall be returned along with any benefits gained (e.g. interest). If you cannot or not fully return the performance received or only in a deteriorated condition, you shall compensate us accordingly. In the case of surrender of items, this shall not apply if the deterioration of the item is exclusively the result of its inspection in a way that would have been possible in a retail shop. Moreover, you can avoid the obligation to pay compensation for deterioration due to the proper use of the item by not using the item as your property and by refraining from anything that would impair its value.
Prices and Payment Conditions
a. Unless stated otherwise in our offer, our prices are subject to confirmation.
b. All prices are quoted in euros and are inclusive of the currently valid VAT.
c. Delivered goods remain our property until full payment is made.
d. The goods are always shipped against cash on delivery, credit-card payment, direct debit, or advance payment. For customers in other countries, shipments are only made against credit-card payment or, in the case of permanent supply relationships, against guarantee.
e. In the event of late payment, the customer undertakes to reimburse the contract partner for all expenses, default interest, and cash expenditures incurred, no matter on what legal basis these may be incurred, which the contract partner incurs from the pursuit of his justified claims under this contract relationship, especially the standard cost of engagement of a licensed debt collection firm.
Liability
a. Our liability is limited to intent and gross negligence. Unless we are guilty of intentional violation of the contract, the liability for compensation of damages is limited to foreseeable, typical damages.
b. The aforesaid limitation of liability does not apply to claims of the customer under the German Product Liability Act (ProdHaftG) or under the warranty. Moreover, the limitation of liability does not apply in the event of damage to body and health or in the event of death of the customer for which we are responsible.
c. Any further liability for compensation for damages is excluded, regardless of the legal nature of the asserted claim. This applies especially to damage compensation claims due to culpable conduct during contract negotiations (culpa in contrahendo), other violations of duties, or tortious claims for compensation for physical damage pursuant to Section 823 of the German Civil Code.
Warranty
a. The warranty term is two years from the dispatch of the goods. For used models, such as showroom models that are designated accordingly, the limitation period for defect claims is one year from the dispatch of the goods.
b. The warranty obligation covers the material and workmanship under the condition of proper use/application/mounting for private purposes. Please observe our instructions for the proper use of our goods.
c. Colour variations between the hammock and the footrest do not represent defects that would constitute the basis for justified complaint.
d. Variations caused by manual workmanship and common variations are permitted and do not represent defects that would constitute the basis for justified complaint.
Jurisdiction
a. The place of jurisdiction is Bielefeld, Germany.
b. The place of performance for all obligations resulting from the delivery transaction is Bielefeld, Germany.
Note: The translation is only for your information. The german version is legally valid.