Terms and Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider Miradsch (Salma Rbayti) via the website www.miradsch.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and textiles and personalized items.

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Klarna, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("buy" or similar term), you declare your legally binding acceptance of the offer, which means that the contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Special agreements on payment methods offered

Payment via Klarna
In collaboration with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

  • Paypal

  • Sofortüberweisung:Available in Germany. Your account will be debited immediately after you place your order.

    5 Right of retention, retention of title

    (1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

    (2) The goods remain our property until the purchase price has been paid in full.

    § 6 Warranty

    (1) The statutory liability rights for defects apply.

    (2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

    § 7 Choice of law
    (1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

    (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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Customer information

1. Identity of the seller

Salma Rbayti
Glockenspitze 60
47800, Krefeld, Germany
Email: info@miradsch.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

Online shop & payment

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Description and purpose

We use your personal information to process your online purchases (your orders and returns are handled through our online services) and to send you delivery status communications or notifications if there are problems with the delivery of your items. We use your personal data to process your payments. We also use your data to process complaints and product warranty claims. Your personal information is used to verify your identity, ensure that you are of legal age to purchase online, and verify your address with external partners. We offer you several payment methods.

If you decide to pay with one of the online payment service providers we offer as part of your ordering process, your contact details will be transmitted to them as part of the order placed in this way. The personal data transmitted to the online payment service provider is usually first name, last name, address, IP address, email address, or other data that is necessary for order processing, as well as data that is related to the Service, such as type of service, identity of the recipient, invoice amount and taxes in percent, billing information, etc. This transmission is necessary to carry out the service with the payment method you have selected, in particular to confirm your identity, to administer your payment and the Customer relationship. Please note, however, that the online payment service provider may also pass on personal data to service providers, subcontractors or other affiliated companies to the extent that this is necessary to fulfill the contractual obligations arising from your order or the personal data is to be processed in the order, depending on the selected payment method.

Legal basis

The legality of passing on the data results from Art. 6 Para. 1 lit. b) GDPR, to carry out the payment method you have chosen and our legitimate interests in accordance with Art. 6 Para. 1 lit. f) GDPR Enabling user-friendly and straightforward payment processing. Furthermore, our legal basis is to fulfill the purchase contract concluded with you in accordance with Article 6 Paragraph 1 Letter b) GDPR.

Recipient

The recipient is the respective payment service provider, such as:

  • American Express Services Europe Ltd., Mastercard SA,

  • Visa Europe Services Inc.,

  • PayPal (Europe) S.à.rl & Cie. SCA,

  • Klarna Bank AB (publ). Headquarters: Stockholm, Sweden. All rights reserved. Klarna Bank AB (publ). Sveavägen 46, 111 34 Stockholm

  • Amazon Payments Europe sca (secondary of Amazon EU SARL, Amazon Services Europe SARL and Amazon Media EU SARL).

Duration of processing

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In addition, the data will be deleted if you revoke your consent or request that the personal data be deleted.

Right of withdrawal

Right of Withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

Right of withdrawal
You have the right to cancel this contract within 7 days without giving reasons.
The cancellation period is 7 days from the day

- on which you or a third party named by you who is not the carrier took possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or are delivered uniformly;
- on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;

- on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece, provided you have ordered goods that are delivered in several partial shipments or pieces;

In order to exercise your right of withdrawal, you must inform us (Miradsch, Glockenspitz 60,47800 Krefeld, Germany) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you revoke this contract, we must repay you all payments that we have received from you, excluding delivery costs, immediately and at the latest within 14 days from the day on which we received notification of your revocation 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 as a result of this repayment. Personalized goods cannot be canceled or refunded.

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

You must return or hand over the goods to us immediately and in any case no later than 14 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 deadline of 14 days 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 functioning of the goods.

Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts

- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of goods whose price was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

The right of withdrawal expires prematurely for contracts

- with food
- for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.