General Terms and Conditions for private customers
§ 1 Scope & Defense clause
(1) Only the version of the following terms and conditions which is valid on the date of your order is valid for any legal relationship resulting from this internet shop, between the operator of this shop (hereinafter "MICHE Bag") and you as a customer.
(2) The end customer in terms of Section 1 is a consumer as per §13 of the German Civil Code. According to said Section, a consumer is any natural person who concludes a legal business transaction for purposes not primarily attributable to commercial or self-employed professional activity.
(3) Deviating terms and conditions by the customer will be refused.
§ 2 Conclusion of contract
(1) The presentation of the goods in the internet shop is not a binding offer by MICHE Bag for the conclusion of a purchase contract. Instead, it represents an invitation to you to submit an offer by placing an order; this invitation is valid only while stock lasts and the goods are available.
(2) By submitting an order in the internet shop, you submit a binding offer aiming at the conclusion of a purchase order for the goods in the shopping bag. Orders can only be placed in German or in English. By submitting the order, you agree to these terms and conditions as being exclusively applicable to the legal relationship with MICHE Bag.
(3) MICHE Bag will confirm the receipt of your order by sending you a confirmation email. This confirmation email, however, does not indicate that MICHE Bag accepts the contract offer. It only serves as information for you to know that MICHE Bag has received your order. The goods are shipped as soon as payment for the goods has been made. For more information, please refer to the section Delivery. The delivery of the goods represents the acceptance of your offer for the contract. This section 2 (3) does not affect your right of return.
The delivered goods shall remain the property of MICHE Bag until complete payment of the goods is made.
The goods are only delivered against prepayment, unless you use KLARNA. For more information, please refer to section Methods of payment.
(1) MICHE Bag shall decide at its own discretion on the most appropriate type and means of shipment.
(2) MICHE Bag generally delivers within 2-3 working days. Our right to defense of non-fulfillment of contract shall remain unaffected.
(3) If the ordering party should be in default of acceptance or culpably violate other duties of contractual cooperation, MICHE Bag shall have the right to demand replacement for any incurred damage, including any additional expenditures. We reserve the right to make further claims. Insofar as the requirements cited above have been met, the danger of accidental destruction or accidental deterioration of the purchased goods shall be transferred to the ordering party at such time as the latter has gone into default of acceptance or payment.
(4) The costs for packaging and shipment of the ordered goods shall be borne by the ordering party. More information on this point is available under the item Delivery.
(5) In case of sales shipment, the risk of accidental loss, destruction or accidental damage of a product shall pass upon delivery of the product to the shipper involved.
(1) The limitation period concerning warrant claims by the customer is two (2) years for consumers.
(2) MICHE Europe does not provide a guarantee.
(1) A liability by MICHE Bag for any damage which does not relate to the goods per se as well as for lost profit or any other pecuniary loss experienced by the customer is excluded.
(2) Regulations according to the German Product Liability Law "Produkthaftungsgesetz" (ProdHaftG) remain unaffected.
§ 8 Prohibition of assignment and pledge
Claims or rights which you have towards MICHE Bag may not be assigned or pledged without prior consent by MICHE Bag if you do not prove a legitimate interest in the assignment or pledge.
You only have right of set-off if your claim for the set-off has been established by force of law or is undisputed.
Your data will only be used and processed in accordance with the valid regulations on data protection. For comprehensive information, please refer to section Data protection.
§ 11 Choice of Law, Contractual Language and Place of Jurisdiction
(1) The legal relationship between the supplier and the customer shall be governed by the laws of the Federal Republic of Germany. The regulations on consumer protection of the country in the customer’s usual country of residency are excluded from this choice of law. The application of UN purchasing law is excluded.
(2) The location of the headquarters of MICHE Bag is the place of fulfillment and jurisdiction for all legal conflicts resulting from the contractual relationship between the customer and the supplier.
(3) The contractual language governing the complete contractual relationship is German. As far as this agreement and these general terms and conditions are provided in German and in English, the German language version shall prevail in the case of uncertainty or dispute.
Should individual provisions of this agreement be found to be invalid or unenforceable in whole or in part or become invalid or unenforceable after the conclusion of the agreement as a result of changes in legislation, the remaining provisions of this agreement and the validity of the agreement as a whole shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which corresponds as closely as possible with the meaning and purpose of the invalid provision. In the event of gaps or omissions in the agreement, those provisions shall be deemed to be agreed which correspond to the meaning and purpose of this agreement and which would have been agreed if they had been considered.