General terms & conditions
1. Subject matter and scope
(1) These General Terms and Conditions apply for all orders placed with us: www.mariamktiri.com
(2) Our offer is directed exclusively towards purchasers who have reached the age of 18 and are consumers. A consumer is any natural person who concludes a legal transaction for normal consumption which is intended for personal use by the consumer or his family and is not associated with the professional or commercial activities of the consumer (Art. 114 in combination with Art. 120 IPRG – Swiss International Law).
(3) Our deliveries, services rendered and offers shall be effected exclusively on the basis of these General Terms and Conditions.
(4) The contract language is English.
2. Conclusion of contracts
(1) The presentation of goods on the online shop does not constitute a binding offer to conclude a contract of sale with us. In actual fact, it is a non-binding invitation to order goods from us on the online shop.
(2) With his order, the buyer submits a binding offer to conclude a contract of sale by clicking the button with the “Buy now” label.
(3) A contract of sale for the goods only comes about once we expressly declare acceptance or if we send the goods – without prior express declaration of acceptance – to the buyer.
3. CANCELLATION POLICY
(1) Consumers generally have a right of withdrawal.
(2) Further information on the right of withdrawal can be found in the cancellation policy.
The prices quoted on the online shop include statutory sales tax and also other price components and are net of the pertinent shipping costs
5. Payment, arrears
(1) The purchase price shall be paid by direct payment with credit card or Paypal.
(2) Orders on account are not possible.
7. Terms of delivery
(1) Unless agreed otherwise, the goods will be delivered from to the address given by the buyer.
(2) The costs for delivery to various countries are the following:
- 2.5 € for shipment in Germany or Switzerland
- 12 € for shipment within the rest of the EU and UK
- 20 € for shipment to the rest of the world
(3) The delivery period amounts to up to 2 weeks following the conclusion of the contract. We will draw attention to any shorter or deviating delivery periods on the relevant product page. Where the mode of payment “advance payment” is selected, delivery will only be made following receipt of payment.
(4) If not all of the ordered products are in stock, we are entitled to partial deliveries in so far as this is reasonable for the buyer. Any periods only start to run upon receipt of the last partial delivery.
(5) The delivery of ordered goods shall be effected subject to availability of the goods. If they are not available when the order is placed, the buyer will receive a notification about the expected delivery date and we will put the order on hold. Once the goods are in stock, they will be shipped to the buyer without further notification. In the event of non-availability, in particular because a limited stock marked as such is exhausted, we will inform the buyer. Already rendered payments will then be immediately reimbursed.
8. Damage in transit
(1) If goods are delivered with obvious transport damage, please lodge an immediate complaint about the damage with the delivery agent and contact us as soon as possible.
(2) Failing to complain or contact us has no effect on your statutory warranty rights. But you will be helping us to assert our own claims against the freight carrier and/or transport insurer.
(1) Warranty claims of the purchaser are governed by the statutory provisions of the law governing sales and purchases.
(2) You are under an obligation to inspect the goods without delay and with the necessary care in order to detect any deviations in quality or quantity, and to notify us of any obvious defects within 3 days following receipt of the goods. The timely despatch of the goods is sufficient for the purpose of observing the time limit. This also applies after the discovery of any hidden defects detected subsequently. In the event of any breach of this duty of inspection and notification of defects, the right to assert warranty claims is precluded.
(3) In the case of defects, we shall, at our option, perform the warranty through rectification or replacement delivery. In the case of rectification, we do not have to bear the increased costs arising through any transportation of the goods to a location other than the place of performance unless the transportation is in conformity with the intended use of the goods.
(1) Unlimited liability: we assume unlimited liability for any direct damage arising from deliberate intent or gross negligence and also under the terms of the Produkthaftungsgesetz [Product Liability Act]. In the case of ordinary negligence, we assume liability for any damage arising from injury to life, limb or health of individuals.
(2) Otherwise, the following limited liability applies: In the case of minor negligence we are liable only in the case of breach of a cardinal contractual duty, i.e. duties whose fulfilment renders the proper execution of the contract possible in the first place and on whose compliance you may generally rely. The liability for minor negligence is limited in amount to the foreseeable loss to be typically expected for such contracts when the contract is concluded. This restriction of liability also applies in favour of our agents.
(3) In any event, our liability is limited to the price of the scope of delivery, in so far as admissible by law.
11. Changes to the terms and conditions
(1) The buyer’s orders are governed by the terms and conditions valid at the time, which we expressly point out as part of the buyer’s order.
12. Saving the contract text
We will store the order and the entered order data. We will send an order confirmation with all the details to the email address provided by the buyer. In addition, buyers can view and print out their order with all the entered order data in their personal customer account at any time. Buyers can also print out both the General Terms and Conditions and also their order with all the entered data during the order process.
13. Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be thereby affected.
(2) In so far as legally admissible, exclusively substantive Swiss law shall apply to contracts between ourselves and the purchaser, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules under Swiss private international law.
(3) Subject to any mandatory statutory court venues, the parties agree Sursee as the exclusive court venue.