GENERAL TERMS AND CONDITIONS - MICHALSKYonlineStore
Welcome to our website ("michalsky.com"). Please read our general terms and conditions carefully; these will apply if you place an order with us.
Deliveries shall be governed exclusively by the following general terms and conditions, which form the basis for all agreements concluded on the basis of the goods and services offered in the MichalskyonlineStore.
1. CONCLUSION OF THE AGREEMENT
The presentation of our goods constitutes an invitation to treat as the submission of a purchase offer in the form of an order. By clicking "submit order" in the final step of the ordering process you submit a binding order for the products included in the basket. Upon receipt of your order you will receive an e-mail confirmation. This order confirmation does not constitute a binding purchase agreement. The purchase contract is concluded only upon delivery of the goods. In the case of orders on our Michalsky onlineStore, the purchase contract is concluded with:
Michalsky Holding GmbH
Wallstr. 16
10179 Berlin
Germany
Telephone: +49 30 2062088-0
Fax: +49 30 206 2088-99
email: info@michalsky.com
The order summary includes a summary of the general terms and conditions, the individual product descriptions, the price of each item, the payment options, postage and delivery costs and the conditions for cancellation. Before submitting the order, you will be asked to read the general terms and conditions carefully and to print out a copy for your records. By submitting the order form you confirm that you have read and accepted the general terms and conditions and undertake to comply with these in all business transactions with Michalsky Holding GmbH.
2. ORDER ACCEPTANCE
We reserve the right to refuse orders. This decision is at the discretion of Michalsky Holding GmbH. If an order is not accepted, we will notify you of this by e-mail. Naturally, we will inform you by e-mail in the event that we are unable to accept your order. Upon receipt of the order, Michalsky Holding GmbH will send you an e-mail containing all details of the order, which are also included in the order summary.
If the products ordered are out of stock at the time the order is submitted, or are no longer available, Michalsky Holding shall notify you of this immediately, but at least within the first 30 (thirty) working days of the date following the order date. If payment has already been made, Michalsky Holding GmbH shall reimburse the amount paid in full.
3. PRODUCT INFORMATION and ORDER QUANTITY
The Internet site displays the products clearly and true-to-life. However, Michalsky Holding GmbH cannot guarantee that images and colors displayed on the customer's screen will exactly correspond to the actual products. Your browser type and monitor may affect the colors and images displayed.
Orders can only be placed in standard household quantities.
4. PAYMENT
All prices are in EURO and inclusive of sales tax at the respective applicable rate and other charges. We accept payment by credit card (Visa, Mastercard, American Express) or by payPAL. Michalsky Holding GmbH reserves the right to refuse certain methods of payment on the basis of solvency checks. Your credit card will be charged immediately upon placement of the order. Furthermore, you undertake to reimburse all costs, expenses and cash payments incurred by us in the pursuit of our claims. Irrespective of any court ordered requirement to pay compensation, these costs also include all out-of-court (standard) costs of a licensed collection institute and legal representation.
Please note that we will cancel the contract and demand that the goods be returned if the credit card company refuses payment. In this case, you will be required to cover the costs of the return delivery or to reimburse these to us, if you did not pay them yourself.
5. RETENTION OF TITLE
The goods remain our property until complete payment.
6. STATUTORY RETURNS POLICY
Right of return
Goods received may be returned within 14 days without the need to state reasons. The 14-day period begins upon receipt of this notice in written form (e.g. by letter, fax, e-mail) but not before receipt of the goods by the orderor and not before our information duties pursuant to Section 312c (2) BGB (German Civil Code) in combination with Section 1 (1), (2) and (4) BGB-InfoV (Ordinance on Information Duties) as well as our duties pursuant to Section 312e (1) sentence 1 BGB in combination with Section 3 BGB-InfoV have been fulfilled.
Sending the goods or returns request within this period is sufficient. At all events, we shall bear the cost and the risk of the return. Returns should be sent to:
Michalsky Holding GmbH,
c/o Michalsky Gallery
Potsdamer Platz 4
D-10785 Berlin
Consequences of returns
In the event of the effective return, the services received by both parties are to be returned and any benefits obtained (e.g. use benefits) are to be surrendered. In the case of deterioration of goods, replacement value may be claimed. This shall not apply if the deterioration is attributable solely to the inspection, if you were able to inspect the product in store. Otherwise, you can avoid the compensation obligation for deterioration caused by the correct use of the item by treating the goods as if they did not belong to you and refraining from any actions that could reduce their value. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins upon sending the goods.
End of returns policy
7. RETURN DELIVERY
Returns are free of charge within the statutory time limit of two weeks following receipt of the goods. Thereafter, you must bear the costs of the return delivery.
8. WASHING AND CARE INSTRUCTIONS
The customer's attention is drawn to the washing and care instructions stated on the product labels. Michalsky Holding GmbH shall not assume any liability for damages resulting from incorrect treatment.
9. WARRANTY
The statutory warranty is 2 years and begins from delivery of the goods. During this time we will remedy all defects covered by the statutory warranty. You may request either that the defect be remedied or that a defect-free product be supplied, whereby your choice may be limited by the statutory requirements. If subsequent performance is unsuccessful, you can choose either to cancel the purchase agreement or accept a reduction in the purchase price. Otherwise, the statutory claim to compensation, including compensation of damages in place of performance, as well as compensation of frustrated expenses, shall apply. If a defect becomes apparent within 6 months of delivery of the goods, it is assumed that the goods were already defective upon delivery. If the defect becomes apparent after more than six months from delivery, the purchaser must prove that the defect existed upon delivery of the purchased item.
10. PRIVACY POLICY
As a rule, we treat all personal data as highly confidential. Your personal data is used primarily in the interests of the optimal processing of orders, for delivery of the goods and for the provision of services and processing payment. For this purpose we will, if necessary, pass on your data to contracted service providers and affiliates.
For the purposes of payment processing, the requisite payment information will be stored on our server.
We reserve the right to pass on information, such as e.g. your name, date of birth and address to credit management companies for the purposes of credit and solvency checks.
The address information provided in the course of order processing shall be used by us and if necessary by our affiliates for advertising and market research purposes only if you expressly consented to this. To enable us to contact you more easily and faster we request that you provide us with your e-mail address. We will, of course, use your e-mail address for advertising or market research purposes only if you have expressly agreed to such use. You may withdraw your consent at any time by canceling this option in your personal profile.
Please also note the additional information on data protection laws in the separate "DATA PROTECTION" section.
11. DISCLAIMER FOR EXTERNAL LINKS
On michalsky.com, Michalsky Holding GmbH may link to other websites ("external links"). Michalsky Holding GmbH expressly declares that it has no control whatsoever over the design and content of these linked sites. We hereby exclude all liability regarding these linked pages. The owners of the respective websites are solely responsible for the content of their pages. We hereby also expressly distance ourselves from the contents of all third party pages linked to michalsky.com and do not accept these contents as our own. This declaration applies to all links shown and to all content of the pages to which the links lead.
12. IMAGE RIGHTS
All images used on the Internet may be used only by Michalsky Holding GmbH or its partners. Any unauthorized use is prohibited.
13. AMENDMENTS AND UPDATES
These general terms and conditions will be updated from time to time. The new general terms and conditions apply from the date of publication on michalsky.com.
Should any provision of the agreement or of the general terms and conditions be or become invalid, or if the agreement is incomplete, this shall not affect the remainder of the agreement.
14. UN LAW ON THE INTERNATIONAL SALE OF GOODS
German law shall apply to the exclusion of the UN convention on contracts for the international sale of goods.
PROVIDER IDENTIFICATION
Michalsky Holding GmbH
Managers: Michael Michalsky, Volker Tietgens
Wallstr. 16br
10179 Berlin
Registered Seat: Berlin
District Court Charlottenburg Commercial Register B 102587 B
Telephone: +49 30 20620880
Fax: +49 30 206208899
service@michalsky.com
www.michalsky.com
Sales Tax ID Number: DE217573577
