Terms and conditions
1. General, definitions
The business relationship between maiami.de, operated by Maike Dietrich, Jablonskistr. 18, 10405 Berlin, (hereinafter “we” or “us”) and the buyer (hereinafter “you” or “your”) shall apply exclusively following terms and conditions valid at the time of the order.
You can view the current Terms and Conditions at www.maiami.de and print.
Buyers are consumers within the meaning of § 13 BGB (German Civil Code), means natural persons who enter into the relevant transaction for a purpose that is mostly neither commercial nor its independent vocational activity may be attributed. In other cases, it concerns with the customer to entrepreneurs according to § 14 BGB (German Civil Code).
2. Formation of contract
With your order you placing a binding offer for a purchase contract with us. Color, form and technically induced changes that do not affect the intended use, are reserved.
By sending an order confirmation via e-mail to you or the delivery of ordered goods, we can accept this offer.
First, you will receive a receipt of your order by e-mail to the specified e-mail address (order receipt). However, a purchase contract will only become effective with the dispatch of our order confirmation via e-mail to you or with the delivery of goods ordered.
When ordering through our online store the ordering process includes a total of 4 steps. In the first step, select the desired goods. In the second step, enter your customer data, including billing address and if different, delivery address. In the third step, you choose how you want to pay. Finally, you have the option of all the information (for example, name, address, payment method, items ordered) to check again and correct if necessary, before placing your order by clicking on “Submit Order” to us. We will send you an order receipt with all order data to the e-mail address you provided.
3. Retention of title
The delivered goods remain our property until full payment of all claims.
4. Prices, Shipping Costs
All prices are final, they include VAT. Deliveries outside the EU are shipped tax-free and duty unpaid.
There will still be added shipping costs to the indicated product prices. For shipments within Germany we charge € 5.00 per order.
For delivery abroad we charge following costs per order:
€ 12.00: Belgium, Denmark, France, Luxembourg, Netherlands, Austria, Poland, Czech Republic, Great Britain, Italy, Sweden, Slovakia, Slovenia, Spain, Hungary
€ 14.00: Liechtenstein, Monaco, Switzerland, Bulgaria, Estonia, Finland, Greece, Ireland, Iceland, Norway, Portugal, Romania, Cyprus
€ 25.00: Morocco, Israel, Russia
€ 30.00: China, Japan, Canada, Mexico, North Korea, Singapore, Taiwan, USA
€ 35.00: Australia, South Africa, Hong Kong
Unless otherwise stated in the offer, we ship the goods within 3 working days after receipt of the order.
A collection of the goods is not possible.
The payment is either paid in advance by bank transfer, SOFORT Banking, Giropay, Paydirect, credit card or PayPal. We reserve the right to exclude individual payment. When selecting the advance payment, we give you the bank details in the order receipt. The invoice amount is to be paid within 5 days to our account.
Credit Card as well as payment methods SOFORT Banking, Giropay, and Paydirekt will be executed by PAYONE GmbH · Fraunhoferstraße 2-4 · 24118 Kiel, Germany – Commercial Registry: Kiel – Amtsgericht Kiel HRB 6107 – Managing Director: Carl Frederic Zitscher, Jan Kanieß – A company of the Sparkassen-Finanzgruppe
7. Governing Law and Jurisdiction
Only German law, excluding the CISG. Compared to a consumer this choice of law applies only in so far as is thus no binding legal provisions of the country in which he has his domicile or habitual residence restricted.
If the customer is not a consumer, the place of jurisdiction is Berlin.
8. Limitation of Liability
For damage caused to other property than the life, limb or health, liability is excluded if the damages were intentional or grossly negligent conduct of the seller, a statutory representative or agent and the behavior is no violation of material contractual obligations. Material contractual obligations are those obligations whose fulfillment the proper execution of the contract is made possible with and to which the customer can and does expect in every case. This disclaimer does not apply to claims under the Product Liability Act are concerned, a defect was fraudulently concealed or a guarantee of quality was adopted.
9. Cancellation policy advisory
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.
You may repeal your contract of purchase within 14 days without having to state reasons. The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us, (Maiami, Frau Maike Dietrich, Jablonskistr. 18, 10405 Berlin, Tel:+49(0)30 39973849, E-Mail: email@example.com) , by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template.
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at your expense.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
End of advisory
You can download the cancellation template here. We will also send you a hard copy of the cancellation template as soon as the contract has been concluded.
10. Return Shipments
All return shipments will be at your expense.
Please send all returns to:
Maiami, Maike Dietrich
10405 Berlin, Germany
01.07.2016 // Version 1.0 of GTC – download print version here