§ 1 General, scope of the terms and conditions

1.1 All deliveries and services from K-meral GmbH & Co KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Hall 4, D - 59073 Hamm, caused by orders through our online shop, Telephone: (+49) 2381 9059355, Fax: +49 - (0) 2381-90 59 310, email: info@missy-x.de, register court: Hamm district court, registration number: HRA 3252, sales tax identification number according to § 27 a UStG: DE 241 718 917, represented by its personally liable partner, K-meral Verwaltungsgesellschaft mbH, represented by the managing director Ralf Kolterjahn. (hereinafter "dealer") are based on the following general terms and conditions (hereinafter "GTC") in the version valid at the time of the order.
1.2 In the case of inquiries by telephone, fax or e-mail, the terms and conditions only become part of the contract if we point out the terms and conditions to the customer when the contract is concluded, give the customer the opportunity to read their content and the customer agrees to the validity of the terms and conditions ,
1.3 Unless expressly agreed in writing, different terms and conditions do not apply.
1.4 Customers in the sense of these terms and conditions are both consumers and entrepreneurs (hereinafter "customer"). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that can largely not be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the dealer, act in the course of their commercial or independent professional activity.
1.5 These terms and conditions apply accordingly to the purchase of vouchers, unless a different agreement has been expressly made.

§ 2 Conclusion of contract, conclusion of the contract

2.1 If you would like to place an order, you can do so directly on the Internet via our shop at https://missy-x.com/en/.
2.2 You can also request an individual offer

• by phone at (+49) 2381 9059355 (German) or +49 2381 9059322 (English or French),
• by fax at +49 - (0) 2381-90 59 310,
• by email at info@missy-x.de,
• or by letter to the postal address K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Hall 4, D - 59073 Hamm

2.3 With your order you submit a binding offer to us to conclude the contract with you. We will confirm the receipt of your online shop order by email. The time of acceptance of the offer and thus the conclusion of the contract with us depends on the payment method you have chosen (see section 2.4).
2.4 The following applies to orders in the online shop: When you have found the desired product you can take a closer look at this without obligation by clicking on the product name or the product image. By clicking the button [Add to basket] you can add the article to the basket. You can view the contents of the shopping cart at any time without obligation by clicking the button [shopping cart]. You can remove the products from the shopping cart by clicking the checkbox [Remove] to the left of the product image or by entering the number [0] in the field [Number]. You can enter the number of desired products in the [Number] field. The page updates itself automatically and shows you the new number of goods. If you want to buy the products in the shopping cart, click on the button [checkout] on the “Shopping cart” page.
The further online ordering process consists of six steps. Please choose whether a customer account should be created for you or whether you are already a customer. If you already have a customer account, you can register here directly under "I am already a customer" with your email address and password. In the second step under "Invoice data" please enter your personal data and in the third step the possibly different shipping address. In the fourth step "Shipping method" you can select the shipping method. In the fifth step "Payment information" our accepted payment methods are displayed. In the sixth step you will receive an overview of your order data under "Order overview" so that you can check all the information again. Clicking the shopping cart takes you back to the shopping cart, where you can delete items or change their number. You can also correct input errors by navigating backwards in the browser or by canceling the ordering process and starting over.
To complete the purchase, you must press the [Buy] button. This will send the order to us.

The time of the conclusion of the contract with us depends on the payment method you have selected:

Payment in advance:
If you select the payment method prepayment, we will give you our bank details in a separate email. This e-mail represents a declaration of acceptance. This e-mail concludes the contract in the present case. The goods will be delivered after receipt of payment.

PayPal:
You will be redirected to the website of the online provider PayPal during the ordering process. Here you can enter your payment details and confirm the payment instruction to PayPal. The contract comes into being at the time of your confirmation of the payment instruction to PayPal.

Credit card:
Your credit card details are transmitted at the same time as you place your order. As soon as you have legitimized yourself as a legal cardholder, we ask your credit card company to initiate the payment transaction and thereby accept your offer.

COD:
By sending a declaration of acceptance in a separate email or by delivering the goods, we accept your order within two days.

Payment on collection:
By sending a declaration of acceptance in a separate email or by We will take delivery of your goods within two days.

2.5 When ordering in our online shop, the contract is concluded with:
K-meral GmbH & Co KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D - 59073 Hamm, Telephone: (+49) 2381 9059355, Fax: +49 - (0) 2381-90 59 310, e-mail: info@missy-x.de, register court: district court Hamm, registration number: HRA 3252, sales tax identification number according to § 27 a UStG: DE 241 718 917. K-meral GmbH & Co KG is represented by its personally liable Partner, K-meral Verwaltungsgesellschaft mbH, represented by the managing director Ralf Kolterjahn.

§ 3 Storage of the contract text

We save your order and the entered order data. We will send you an order confirmation by email with all order details and the general terms and conditions. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. Finally, you can access the orders you have placed at any time via your customer account.

§ 4 cancellation policy & cancellation form for goods that can be sent as parcels

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not exist for contracts

- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

The right of withdrawal also does not apply:
For consumers who are habitually resident in a country that is neither a member of the EU nor the EEA at the time of the conclusion of the contract, German law applies to the exclusion of UN sales law and German consumer protection law.

§ 5 cancellation policy & cancellation form for goods that cannot be sent as a parcel

The following cancellation policy applies to goods that cannot be sent as parcels, in particular freight forwarding goods

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not exist for contracts

- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

The right of withdrawal also does not apply:
For consumers who are habitually resident in a country that is neither a member of the EU nor the EEA at the time of the conclusion of the contract, German law applies to the exclusion of UN sales law and German consumer protection law.

§ 6 prices and shipping costs

6.1 All prices are final prices, i.e. they include all price components, including statutory German VAT. Any additional delivery and shipping costs incurred can be viewed on the Internet at https://missy-x.com/en//shipping .

6.2 We grant discounts on the price of goods for some of our items. The inventory and amount of the discount result from the respective item description. The discount is deducted from the price of the goods in the ordering process.

6.3 We do not charge shipping costs for pickups. If the customer chooses to collect the goods themselves, we will first inform them by email that the goods they have ordered are ready for collection. After that he can collect the goods by appointment at the following address: K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Hall 4, D - 59073 Hamm.

§ 7 Delivery and shipping conditions

7.1 The delivery of goods takes place with the exception of self-collection on the shipping route and to the delivery address specified by the customer in the context of the order processing. Within Germany we deliver with DHL, UPS or another provider of our choice. An order for pickup is available to every customer with a billing address from the European Union or the European Economic Area.

7.2 Unless otherwise stated in the offer, the goods will be dispatched within three working days after receipt of payment.

§ 8 terms of payment

8.1 Payment can be made either in advance, PayPal, credit card, cash on delivery or in the case of self-collection by cash. It is also possible to pay with vouchers (partially or in full) issued by the dealer. We reserve the right to exclude individual payment methods. For new customers, we reserve the right to check or change the payment method you selected. At a We will notify you of any changes immediately and suggest payment alternatives. In this case, we can only carry out the delivery you requested if the proposed payment method is accepted. The above restrictions do not apply to vouchers.

8.2.1 If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 5 days.

8.2.2 If the payment method PayPal is selected, the invoice amount is paid via the online payment provider PayPal. For this purpose, the customer is redirected to the PayPal website (www.paypal.de). The customer must be registered with PayPal or, if necessary, register for the first time, then legitimize with his access data with PayPal and then confirm the payment instruction to the merchant. The PayPal terms of use of PayPal (Europe) S.à r.l., available at www.paypal.com, apply. & Cie, S.C.A. in their current version. The dispatch takes place after payment confirmation from PayPal.

8.2.3 In the case of cash on delivery payment, no additional fees are due for deliveries within Germany. Cash on delivery to other countries is not possible.

8.2.4 When paying by credit card, the customer will be charged the invoice amount on the customer's credit card when the order is sent. The goods are dispatched after the correct receipt of payment has been determined and checked in our booking system for electronic payment methods. The customer must ensure that the specified account is sufficiently covered. If necessary, he must bear the costs that arise as a result of a rebooking of the payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.

8.2.5 In the case of collection by the customer, the purchase price must be paid in cash or by card payment when the goods are handed over.

8.3 The purchase price can be paid (in part or in full) with vouchers issued by the dealer. The redemption of vouchers is irrevocable. It is not possible to pay out voucher values, including residual values. If the customer exercises the right of return / cancellation, the voucher value will not be refunded in cash. Instead, there will be a credit for future purchases in our online shop.

8.4 For deliveries to countries outside the EU there may be additional costs for which the dealer is not responsible. These are to be borne by the customer. These include, among other things, costs for the transfer of money by credit institutions (e.g. transfer fees) or import duties or taxes (e.g. customs duties).

8.5 If you are a consumer, the purchase price is to be paid interest at the rate of 5 percentage points above the base interest rate when the delay in payment occurs. If you are not a consumer, the interest rate during the late payment is 8 percentage points above the base rate. We reserve the right to prove and claim higher damage caused by delay.

§ 9 warranty

9.1 If you are a consumer and place an order with the dealer for one purposeWe will notify you of any changes immediately and suggest payment alternatives. In this case, we can only carry out the delivery you requested if the proposed payment method is accepted. The above restrictions do not apply to vouchers.

9.2 If you place your order with the dealer as an entrepreneur, the following applies:

9.2.1 Delivered goods are to be examined by the customer immediately after delivery insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. If such a defect shows up later, the notification must be made immediately after the discovery, otherwise the goods are also considered in consideration of this defect. Section 377 HGB remains unaffected. The customer is not released from his obligation to inspect, even in the event of recourse by the entrepreneur according to § 478 BGB. If he does not immediately report the defect claimed by his customer in such cases, the goods are also considered approved in view of this defect.

9.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. In these contracts, subsequent performance is considered to have failed after the third unsuccessful attempt. This number does not apply in the event of recourse according to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, insofar as these do not increase due to the fact that the item is located at a location other than that The customer's registered office or commercial branch to which the delivery was made. This number does not apply in the event of recourse according to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to § 478 BGB, nor does it apply in the cases of §§ 438 Abs. 1 Nr. 2 BGB and § 634a Abs. 1 Nr. 2 BGB. This also does not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or willful breach of duty by us or our vicarious agents. In the case of § 438 I No. 2 b BGB (things for buildings), the contractual partner's claims for defects become statute-barred after 2 years. The sale of used goods is subject to exclusion of any claims for defects.

§ liability for damages and reimbursement of expenses

10.1 If you are a consumer and place an order with the dealer for a purpose that can largely not be attributed to your commercial or professional activity, we are liable for damage in accordance with the statutory provisions.

10.2 If you place your order with the dealer as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with Sections 9.2 to 9.8:

10.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we are liable for damages in accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us or our representatives or vicarious agents, liability is limited to the foreseeable, typically occurring damage.

10.2.2 If we or our representatives or vicarious agents have culpably violated a duty, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and whose compliance the customer regularly trusts - and no case of liability according to statutory provisions within the meaning of section 9.1. is present - liability is limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise specified in sections 9.2.1 and 9.2.2, our liability for damages is excluded. The same also applies insofar as recourse claims are made against us as suppliers according to § 478 BGB.

10.3 The exclusions and limitations of liability under Section 9.2 also apply to other claims, in particular tort claims or claims for reimbursement of futile expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 9.2 do not apply to any existing claims pursuant to §§ 1, 4 Product Liability Act or due to culpable injury to life, limb or health. They also do not apply insofar as we have given a guarantee for the quality of our goods or a performance or a procurement risk and the guarantee has arisen or the procurement risk has been realized.

10.5 We are only liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing. 9.6 Unless the limitation of liability according to Section 9.2 intervenes in the event of claims from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the compensation of the insurance. If this does not occur or not fully, we are liable up to the amount of the coverage. This number does not apply to culpable injury to life, limb or health.

10.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

10.7 A reversal of the burden of proof is not connected with the above regulations.

§ 11 electronic invoice

The customer agrees to an invoice sent electronically.

§ 12 retention of title; Offsetting, right of retention

12.1 In the case of consumers, we reserve ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

12.2 Towards entrepreneurs: You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. You also have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.

12.3 If the customer is in arrears with us with any payment obligations, all existing claims become due immediately.

§ 13 customer service

If you have any questions, complaints or complaints, you can reach our customer service from Monday to Friday between 8:00 a.m. and 6:30 p.m. and on Saturdays between 10:00 a.m. and 4:00 p.m. by phone on (+49) 2381 9059355 or by email at info@missy-x.de.

§ data protection

The dealer collects, stores and processes personal data only to the extent that this is necessary for the execution of the contractual relationship with the customer. For this purpose, the dealer stores the order and the entered order data of the customer. The dealer sends the customer an email with all order details and the terms and conditions. The customer has the option of printing out both the order and the general terms and conditions of the dealer - before submitting the order. The trader is entitled to transmit customer data to third parties if this is done for the purpose of the service ordered (e.g. registration and / or changes to the domain with search engines, etc.). Otherwise, the information in the data protection declaration of the dealer applies.

§ 15 OS platform; Dispute settlement procedure before the consumer arbitration board

The EU Commission has set up an internet platform for online dispute resolution ("ODR platform") between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/.

We are neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.

§ 16 Legal system, place of jurisdiction

16.1 For consumers and for other persons with their usual place of residence or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of the conclusion of the contract, German law applies to the exclusion of the UN sales law.

16.2 For consumers who are habitually resident in a country that is neither a member of the EU nor the EEA at the time of the conclusion of the contract, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods and German consumer protection law

16.3 For customers who conclude the contract for purposes that can largely not be attributed to their commercial or independent professional activity (consumers), this choice of law only applies insofar as the customer does not thereby have mandatory provisions of the law of the state in which he At the time the contract is concluded, his habitual residence is withdrawn.

16.4 The place of performance for all services from the business relationship with the dealer is Hamm, if the customer is a merchant, a legal entity under public law or a special fund under public law.

16.5 The place of jurisdiction for all disputes arising from the contractual relationship is Hamm, if the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 17 other

The contract language is German.