Terms and Conditions

 

§ 1 General

 

1. Contracting partner for the products of MIYU onlineshop is:

Elke Pohl, Marienburgerstrasse 49, 10405 Berlin, shortly called 'MIYU'.

 

2. All services provided by MIYU for the purchaser, are made solely on the basis of the following terms and conditions. Derogations are only valid if they have been agreed between the purchaser and MIYU.

 

§ 2 Range of goods and conclusion

 

1. MIYU provides the articles shown in the online shop, other online users for purchase. The color display of the articles on the website can vary, depending on the internet browser and monitor settings used by the purchaser. These deviations are technically never completely avoidable.

 

2. The purchaser selects the desired product by clicking on the button: 'Add to cart'.
The customer has allways the possibility to check his information transmitted to MIYU, to change or to delete them, before he finally sends the order request to MIYU by clicking on the button: 'buy'.

 

3. MIYU makes a binding offer for purchase for the products in the online shop. The customer accepts this offer for purchase for a product by clicking the button 'Buy'.MIYU confirms the conclusion of the contract by e-mail. The contract is concluded when the customer receives a letter of acceptance from MIYU by email. MIYU acknowledges the receipt of your order directly through an automatically generated e-mail ('Order Confirmation').

 

4. Objects of the contract are the goods ordered by the Purchaser.

 

5. The content of the contracts concluded will be saved in the MIYU online shop purchaser user account. The purchaser can allways check this content by clicking 'Customer area' in the menu and then the link 'My Shopping'.

§ 3 Prices and payment

 

1. All product prices are final prices not including the shipping costs. The prices include the value added turnover tax of 19%.

 

2. The shipping costs are listed under the link 'plus shipping costs', next to the product description.

 

3.The payment of the delivery can be made nationally and internationally via PayPal or Bank Transfer (in advance).

 

4. For advance orders the payment period is one week from receipt of the confirmation of the contract. During this this time MIYU reserves the orded product for the purchaser. It is up to the buyer to effect payment so that it is received by MIYU within the deadline. MIYU reserves the right to rescind the purchase contract and sell the goods elsewhere if payment is not received by the deadline. A later received payment of the customer will be refunded to the customer by MIYU.

§ 4 Contract compliance

 

1. The goods will be sent as soon as the invoice amount is credited to the business account.

 

2. For delivery problems or other circumstances that would prevent the fulfillment of the contract, MIYU informs the buyer by email. A partial delivery occurs only after approval by the purchaser.

§ 5 Delivery

 

1. A detailed invoice is enclosed with each delivery.

 

2. All items will be shipped immediately. Custome made goods will be shipped upon completion. The date of completion is previously agreed.

 

3. The delivery takes place both within Germany and to EU countries.

 

4. The delivery period within Germany is, unless otherwise stated in the offer, a maximum of 10 working days.
For international deliveries, the delivery period is, unless otherwise stated in the offer, a maximum of 15 working days.

 

5. When shipping to countries outside the EU, additional customs costs that we cannot influence may occur. The custom duties are based on contents of the package or the product value and may vary accordingly. Those duties have to be paid by the customer.

 

6. If the delivery to the purchaser fails because the customer has transmited a wrong or incomplete delivery address, a new delivery is only made, if the buyer pays the costs for shipping the item back. The new shipping costs are the same as agreed in the contract. MIYU will inform the purchaser about the costs of redelivery by e-mail. A renewed delivery will only be made after receiving the payment of these costs.

§ 6 Return of goods as a consumer

 

1. The purchaser, as a consumer, has a right of withdrawal in accordance to legal requirements to. The details can be found in the policy of the statutory right of withdrawal.

 

2. The purchaser shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered.

 

3. The amount of money to be refunded by MIYU and the return costs to be reimbursed by the purchaser can be offset.

 

4. Please take note of:
Please do not remove the label during the fitting. In order to avoid that the scarves need to be dry cleaned, please handle them with care during the fitting, make sure they do not get any creme or make up stains, and they do not smell of smoke, perfume or other odors.

§ 7 Cancellation and return policy

 

Statutory right of withdrawal

The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw from the contract by writing (e.g. letter, fax, email) or by phone within 14 days. The term starts with receipt of these instructions in a MIYU writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties according to article 246 section 2 German Civil Code (EGBGB) in combination with MIYU section 1 subsection 2 German Civil Code (EGBGB) as well as section 312g, subsection 1 German Civil Code (BGB) in combination with article 246 section 3 German Civil Code (EGBGB) have been fulfilled. The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent to MIYU in a timely fashion. The notice of withdrawal has to be addressed to:

 

Elke Pohl 
Marienburgerstrasse 49 
10405 Berlin
Telefon: +49 (0) 176 60951698 
E-Mail: info@miyu.asia

 

The custumer will receive a e-mail with an withdrawal form, send with the confirmation of his order .

The custumer will get a written confirmation of the withdrawal.

 

consequences of cancelation:

 

In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate MIYU for the lost value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the product, beyond the consideration of the characteristics and functioning. 'Testing the properties and functioning' refers to the testing and trying out the goods, as it is possible and customary in a retail store. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the good like his/her property and by refraining from all use that may result in a value loss. 

Objects suitable for shipment shall be returned at our own risk. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered from MIYU as ordered.

The obligation to return received payments shall be fulfilled within 14 days. For the customer the grace period starts with the date the cancelation is sent to MIYU or the object is returned; for the vendor, MIYU the grace period begins with the receipt of the cancelation or the returned goods.

The right of return does not apply if goods are delivered, which were produced according to customer specifications or clearly tailored to personal needs of the customer or have been changed.

End of cancellation policy.

§ 8 Warranties for damages

 

1. Obvious defects are to be made immediately after receipt of the goods in writing or in text form. Obvious defects which are displayed later are not covered by warranty.

 

2. The warranty rights of the customer are governed by the statutory provisions.

 

3. MIYU is not liable for defects caused due to improper handling, normal wear and tear or due to external influences. For repairs to the goods on their own power or by third parties who were made without ​​MIYUs written consent voids the warranty on MIYU.

 

4. For other defects, the statutory limitation period applies.

§ 9 Reservation of ownership

 

1. Until all payment responsibilities have been fulfilled by the customer, the orded goods remain the legal property of MIYU.

§ 10 Copyright

 

1. All graphics, all products and logos, all artwork, photos, and text, all the contents and the name 'MIYU' are creative and intellectual property of Elke Pohl.

 

2. They may not be copied, stored, reproduced or otherwise used without the written permission.

§ 11 Final clause

 

1. Should any of these contractual conditions not be legally enforceable, this shall not affect the validity of the entire contract.

 

2. The invalid provision shall be replaced by the relevant statutory provision.

 

3. This contract is governed by German law.

 

4. MIYU raises and processes the data entered by the purchaser as part of its purchase data for the contract processing and fulfillment. All customer-related data remain with MIYU and are used only for the processing of the order and delivery process. Personal data of customers are collected only in the context of the laws of the Federal Data Protection Act and the Teleservices Data Protection Act.

If the Purchaser is using the PayPal service for the payment of its purchase, the PayPal Privacy Policy will apply for the payment transaction. PayPal is here working as an agent of the buyer, not the MIYUs.

 

5. If the customer is a merchant, a legal entity under public law or a public special fund, the parties agree on the exclusive place of jurisdiction of the provider.

MIYU,

Berlin, june 2014