Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Daniel Langen, trading under "mikkaneo.com" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods displayed in the Seller’s online shop. 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 enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession.

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 his or her trade or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the Seller’s online order form integrated into the online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button that concludes the ordering process, the Customer submits a legally binding offer to purchase the goods contained in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or

  • requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the above period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment will 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 (“PayPal”), subject to PayPal’s Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a payment method offered by PayPal that can be selected during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When placing an order via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer’s order has been sent. Beyond this, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button concluding the order process.

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

2.8 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties engaged by the Seller to process orders can be delivered.

2.9 The Seller is entitled to send the Customer a one-time email following the conclusion and fulfillment of a purchase agreement, requesting a review of the Seller and/or the purchased products. The Customer may object to the use of their email address for this purpose at any time.

3) Right of Withdrawal

3.1 Consumers generally have 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 Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value-added tax (VAT). Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer 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 available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If the Customer selects a payment method offered via the payment service “PayPal,” payment is processed via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller makes advance payments to the Customer (e.g. purchase on account or installment payments), the Seller assigns his payment claim to PayPal or to the payment service provider named to the Customer by PayPal. Prior to acceptance of the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only discharge his debt by paying PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery times, dispatch, returns, complaints, withdrawal declarations, and credit notes.

4.5 If the Customer selects a payment method offered via “Shopify Payments,” payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use other payment services for which special terms of payment may apply, to which the Customer may be separately referred. Further information on “Shopify Payments” is available at: https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs if the Customer effectively exercises his right of withdrawal. For the costs of returning the goods in the event of an effective exercise of the right of withdrawal by the Customer, the regulation set out in the Seller’s Withdrawal Policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk passes to the Customer as soon as the Seller has delivered the goods to the carrier if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of non-availability or incorrect self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability, the Customer will be informed immediately, and any consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance deliveries, he retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

Unless otherwise stipulated below, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as an entrepreneur:

  • the Seller may choose the type of subsequent performance;

  • the limitation period for claims for defects in new goods is one year from delivery of the goods;

  • rights in respect of defects in used goods are excluded;

  • the limitation period does not start anew if a replacement is delivered within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of time limits do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,

  • if the Seller has fraudulently concealed the defect,

  • to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,

  • to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for a possible statutory right of recourse remain unaffected.

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

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason:

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body, or health,

  • on the basis of a guarantee promise, unless otherwise regulated,

  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable, typical damage, unless liability is unlimited in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.