Terms and Conditions
1. Who are these terms and conditions for?
These terms and conditions apply to all contracts concluded between you as the customer and us as the seller via our online shop Mirage Essence ( www.mirageessence.de or www.mirageessence.eu ). For the purposes of these terms and conditions, customers are both consumers and businesses.
Consumers are natural persons who enter into a legal transaction for purposes that are neither related to their commercial nor their independent professional activity.
Entrepreneurs are natural or legal persons or legally capable partnerships who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity.
2. With whom and how is the contract concluded? Is the contract text saved? What dispute resolution options are available?
2.1 In the event of the conclusion of the contract, the contract is with
Joshua Rakowski
Marktstraße 5
45964 Gladbeck
Germany
came about.
2.2 The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is merely a non-binding invitation to the customer to order goods. By ordering the desired goods, you submit a binding offer to conclude a purchase agreement.
2.3 The following regulations apply upon receipt of an order in our online shop: You submit a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop.
The ordering process consists of the following steps:
- Selection of desired goods
- Confirm by clicking the "Add to cart" button.
- Checking the details in the shopping cart (here you can also change the quantity of the desired products or delete the item under the "Piece" section by clicking the + or - button)
- Clicking the "Proceed to checkout securely now" button (or continuing your purchase with the "Continue shopping" button)
- order as
- New customers can register by entering the necessary data (contact details, delivery and billing address, payment method selection). You also have the option to save your data for future orders, i.e., to create a customer account.
- or Express Checkout with ShopPay or PayPal (You will be redirected to the respective provider for payment processing. This requires that you are registered with them and have a corresponding account.)
- Review your order and place it by clicking the "Buy Now" button.
Before submitting your order, you can review your information and correct any errors by clicking the "Back" button in your web browser. Alternatively, you can cancel the order process by closing your browser. We will immediately confirm receipt of your order with an automatically generated email ("Order Confirmation"). This email constitutes our acceptance of your offer.
2.4 Storage of the contract text for orders placed via our online shop: We store the contract text and send you the order details and our terms and conditions by email.
3. What are the applicable prices, delivery and payment terms?
3.1 The prices displayed on our website at the time of ordering apply. We reserve the right to correct obvious errors.
3.2 The prices quoted include statutory VAT and other price components. Shipping costs, if applicable, will be added and shown in the order summary.
3.3 You have the option of paying in advance.
3.3.1 You can pay via Paypal, ShopPay or credit card.
3.3.2 When paying by credit card, you simultaneously transmit your credit card details to us when placing your order. After verifying your identity as the legitimate cardholder, we will immediately request your credit card company to initiate the payment transaction. The payment transaction is processed automatically by the credit card company, and your card will be charged.
3.3.3 When paying via PayPal or ShopPay, you will be redirected to the online provider's website during the order process. To pay the invoice amount via PayPal or ShopPay, you must be registered with them or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After you place your order in the shop, we will request PayPal or ShopPay to initiate the payment transaction. The payment transaction will then be carried out automatically. You will receive further information during the ordering process.
4. How can I cancel my contract?
Consumers have the right to withdraw from this contract. The contract can be cancelled in accordance with the conditions set out in the cancellation policy. To exercise your right of withdrawal, you can use the sample withdrawal form attached to the cancellation notice.
5. When is the above right of withdrawal excluded?
The right of withdrawal does not exist or expires, among other things, in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§312g para. 2 sentence 1 no. 3 BGB).
The products we offer are perfumes that are applied directly to the skin and are therefore delivered in closed or sealed containers. Please note that we cannot accept returns of opened or partially used perfumes.
6. What are the delivery and shipping conditions?
6.1. Unless otherwise stated in the offer, the delivery time for deliveries within Germany is a maximum of 3 days from receipt of payment. For shipments to EU countries, the delivery time is a maximum of 8 days.
6.2 The following applies to consumers:
6.2.1 Upon delivery of the purchased item, the risk of accidental loss or accidental damage to the goods passes to the consumer. This also applies to mail-order purchases. Delivery is deemed to have occurred from the moment the consumer is in default of acceptance.
6.2.2 Customers are requested to report any obvious material or manufacturing defects in delivered goods immediately to us or to the delivery driver. Failure to report such defects does not affect the consumer's statutory rights.
6.3 The following applies to entrepreneurs:
6.3.1 The risk of accidental loss or accidental damage to the goods passes to the buyer upon delivery to the seller or an authorized recipient. In the case of a sale involving shipment, the relevant point in time is the delivery of the goods to a suitable carrier.
6.3.2 Returns are at the entrepreneur's risk and must be sent carriage paid to our aforementioned business address. The entrepreneur shall bear any costs incurred for returns. This does not apply to the sale of newly manufactured goods.
6.3.3. The entrepreneur must report any obvious defects in the goods immediately, but no later than 14 days after receipt, in writing, using the return slip. This period begins upon receipt of the goods. Timely dispatch of the notice of defects is sufficient to meet the deadline. If the entrepreneur fails to comply with the obligation to report defects, the goods are deemed accepted with regard to the defect.
7. Retention of title
We retain ownership of all goods delivered by us until payment is received (in the case of entrepreneurs: until all our claims arising from the business relationship have been paid).
8. What warranty rights do I have?
8.1 The statutory warranty applies unless otherwise specified.
8.2 If, contrary to expectations, you are not satisfied with an item delivered by us and wish to return it, you can use our returns portal for the return process. You can access this via the "Returns Portal" link in the footer of our website.
9. What liability provisions apply?
9.1 In accordance with statutory provisions, we are fully liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty, as well as for other damages caused by an intentional or grossly negligent breach of duty or fraudulent intent. Furthermore, we are fully liable for damages covered by mandatory statutory provisions, such as the Product Liability Act, and in the case of the assumption of guarantees.
9.2 For damages not covered by clause 9.1 and caused by simple or slight negligence, we are liable only to the extent that such negligence relates to the breach of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which you may regularly rely (so-called cardinal obligations). In this case, our liability is limited to foreseeable damages typical for this type of contract.
9.3 In the case of slightly negligent breaches of such contractual obligations that are neither covered by clause 9.1 nor 9.2 (so-called non-essential contractual obligations), we shall be liable to consumers – this limited to the foreseeable damages typical for this type of contract.
9.4 Any further liability is excluded.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
10.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.3 The contract language is German.