General terms and conditions of business

§ 1 Scope, purpose of the contract

These General Terms and Conditions apply to the business relationship between the customer and Kathrin Schröder (hereinafter: Miom Studio) when using the services, benefits and deliveries offered on the website.

 

§ 2 Conclusion of contract

By clicking on the “Buy now” button, the customer submits a binding application to purchase the products in the shopping cart after accepting these general terms and conditions. The contract is concluded as soon as the customer receives the order confirmation from Miom Studio by email.

 

§ 3 Quality of goods

(1) Information provided by Miom Studio regarding the properties of the goods (e.g. regarding paper quality, printing results, color, weight, dimensions, design) is approximate unless exact conformity is necessary for the contractual use of the goods. This information is not a guaranteed quality feature, but rather serves to describe the goods.

(2) Provided that the usability for the contractually intended purpose is not impaired, customary deviations from the specified product properties are permitted due to fluctuations in the purchase of materials or in the production process. Many parts of the range of goods are hand-made, so that even if there are minor differences between similar items of goods, the delivery is considered to be in accordance with the contract.

(3) Supplied paper intended for printing is suitable for laser printers and inkjet printers unless otherwise stated in the product description.

§ 5 Prices and shipping costs

(1) Miom Studio ships the purchased goods to the delivery location specified by the customer within the EU. Shipping is carried out by a service provider (e.g. DHL or Hermes).

(2) The prices stated include statutory sales tax.

(3) The customer bears the shipping costs stated in the order form.

 

§ 5 Prices and shipping costs

(1) Miom Studio ships the purchased goods to the delivery location specified by the customer within the EU. Shipping is carried out by a service provider (e.g. DHL or Hermes).

(2) The prices stated include statutory sales tax.

(3) The customer bears the shipping costs stated in the order form.

 

§ 6 Payment

(1) Payment is made at the customer’s choice using one of the payment methods offered.

(2) Miom Studio's claim to payment of the purchase price and shipping costs is due immediately and without deduction upon conclusion of the contract. The ordered goods will be dispatched after full payment of the purchase price and shipping costs.

(3) Miom Studio can use the services of trustworthy third parties to process the payment. If third parties are involved in the payment processing, the payment is deemed to have been made in relation to Miom Studio as soon as the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.

(4) If the purchase price and shipping costs are not received by Miom Studio when payment is processed in accordance with the contract (e.g. if the customer provides incorrect data or there is insufficient funds in the account), the customer will reimburse Miom Studio or the third party commissioned by Miom Studio to process the resulting additional costs .

 

§ 7 Warranty for material defects, guarantee

(1) The statutory warranty rights apply.

(2) Miom Studio assumes no guarantee beyond the legal liability for material defects, unless Miom Studio expressly provides a guarantee with the order confirmation.

(3) If the customer returns defective goods, Miom Studio will bear the return shipping costs.

 

§ 8 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer due to injury to life, body, health or due to breach of essential contractual obligations, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Miom Studio, its legal representatives or its vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, Miom Studio is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages by the customer due to injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Miom Studio if claims are asserted directly against them.

(4) To the extent that Miom Studio's liability is excluded or limited in these General Terms and Conditions, this also applies to the personal liability for damages of Miom Studio's employees, employees, employees, representatives and vicarious agents.

(5) The provisions of the Product Liability Act remain unaffected.

 

§ 9 Right of withdrawal

(1) In the case of a contract for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer, the customer is entitled to do so in accordance with Section 312g Paragraph 2 No. 1 BGB no right of withdrawal. Accordingly, the right of withdrawal is excluded if Miom Studio prints product parts according to the customer's specifications.

(2) The customer is entitled to the following right of withdrawal if he is a consumer and there is no case of § 312g Para. 2 No. 1 BGB (see paragraph 1 above):

 

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must contact us (Miom Studio, Swisttalstr. 15, 50968 Cologne, telephone: 0049 (0) 1522 3354 200; email: [email protected]) by means of a clear declaration (e.g. with the letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the form found here, although this is not mandatory. To meet the deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back to us, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

End of cancellation policy

 

§ 10 Copyrights

The designs, instructions, patterns, graphics, layouts, images and templates of the goods offered and the Miom Studio website are the copyrighted property of Miom Studio. They may not be used for any purpose other than the contractual use without the consent of Miom Studio. In particular, the customer may not publish or sell the instructions.

 
§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between Miom Studio and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Miom Studio is Cologne.