Terms of service

A. General Terms and Conditions with Customer Information

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Mira & Martina Stadler, trading under “MildStormCrafts” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online store Shopify (hereinafter referred to as “Shopify”). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 By placing an item on Shopify, the seller submits a binding offer to sell this item.

2.2 The customer can accept the seller's offer via the online order form provided by Shopify. To do this, the customer must first place the desired item in the virtual shopping cart and then go through the order steps specified by Shopify. By clicking the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract is concluded for the goods previously selected by the customer.

2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the contract has been concluded, together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.

2.4 Before placing a binding order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before submitting the binding order as part of the electronic ordering process using the usual keyboard and mouse functions.

2.5 The German language is available for the conclusion of the contract.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and terms of payment

4.1 The prices quoted by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's offer on Shopify.

4.4 If the payment method “PayPal” is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at paypal.com/en/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipping to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing at Shopify is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5.4 Products from third-party suppliers (Silk Screens) and individual items (earrings) cannot be resent in the event of loss by the postal service or incorrect delivery. An exception applies if registered mail was selected for a purchase value of up to €20 or insured shipping up to €500. However, if the goods are no longer available, the purchase value will be refunded.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects

7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights and claims for defects are excluded;
the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.3 The aforementioned limitations of liability and shortening of the limitation period shall not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Applicable law

8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.