1. Scope of Application
1.1. Any orders placed by the Consumer through the online shop at lovemagenta.com operated and any resulting business relationships are subject to these General Terms and Conditions (the “GTC“). “Consumer” means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 BGB (German Civil Code)). In this document, Consumers to whom the GTC apply are also collectively referred to as “Customers” and individually as a “Customer“.
1.2. The Customer’s diverging, conflicting or supplementing terms of business, if any, will not become a part of the contract even if Miles GmbH is familiar with such terms of business, unless Miles GmbH consents to their use in the specific case expressly and in writing.
2. Contracting party
2.1. If a binding contract is made, the Customer’s counterparty is
Telephone: 0800 222 8266 (freephone number, for calls from within Germany)
+49 40 94364-125 (for calls from abroad)
represented by the company directors, Mr. Boris Vogt, Dr. Dirk Pupke and Mr. Luc van Elk (the “Provider“).
2.2. The Provider is registered at the commercial register of the Local Court of Kiel under no. HRB 3850 NO.
3. Offer and contract
3.1. The displays of the Provider’s products in the online shop at lovemagenta.com do not constitute legally binding offers; they are purely invitations to place orders. Information may be subject to error.
3.2. Orders are placed in six steps. In the first step, the Customer selects the desired goods and places them into the shopping cart. In the second step, the Customer navigates to the checkout page. In the third step, the Customer is invited to enter his shipping address. In the fourth step, the Customer is invited to select the shipping method. In the fifth step, the Customer selects the payment method. In the final step the Customer is provided with a summary of the ordered goods. The Customer may correct his selection by returning to the shopping cart. The Customer then acknowledges and confirms the GTC, which enables the Customer to place the order at the price by clicking the “BUY NOW” button.
3.3. By clicking the “BUY NOW” button, the Customer places a binding order for the goods in the shopping cart. The Provider acknowledges receipt of the Customer’s order and accepts the order promptly by an automated email containing the Customer’s order data and the Provider’s GTC. With this email confirmation the purchase contract is concluded.
A binding contract may also arise before this, as follows:
- If the Customer has selected payment by credit card, the contract is concluded at the point in time at which the credit card is charged.
- If the Customer has selected payment via PayPal, the contract is concluded at the point in time at which the Customer’s payment instruction to PayPal is confirmed.
- If the Customer has selected payment via SOFORT online bank transfer, the contract is concluded at the point in time at which the Customer’s payment instruction to SOFORT GmbH is confirmed.
3.4. Contracts concluded via the Provider’s online shop are in German language. The Provider saves the contract text after conclusion of the contract.
4.1. The Customer has a statutory right to withdraw from the contract if the Customer is a Consumer within the meaning of § 13 BGB (German Civil Code). Reference is made to the following instruction regarding the right of withdrawal.
4.2. The right of withdrawal does not cover sealed goods that are unsuitable for being returned for health or hygiene reasons if their seal was removed after delivery.
Instruction regarding right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without explaining the reasons.
The period of withdrawal is fourteen days starting on the day on which you have, or a third party specified by you, who is not the carrier, has, taken possession of the final goods or final item.
To exercise your right of withdrawal, you must inform us:
Telephone: 0800 222 8266 (freephone number, for calls from within Germany)
+49 40 94364-125 (for calls from abroad)
Fax: +49 40 94364-107
giving a clear declaration (e.g. a letter sent by post, by fax or email) of your decision to withdraw from this contract. You may use the withdrawal form if you wish, however this is not a requirement.
The 14-day-period is complied with if you send off the goods within that period.
Effects of withdrawal
If you withdraw from this contract, we are under the obligation to refund all your payments including shipping charges (but not additional charges, if any, resulting from you having selected a shipping option other than the cheapest standard shipping option we offer), promptly and in any case no later than fourteen days after the day on which we receive your declaration of withdrawal. We will make this refund via the same payment method you used in your original transaction, unless we have expressly agreed another refund method with you; we will never charge you for our refund transaction. We have the right to refuse the refund until we have received the returned goods or, if earlier, until you submit proof for returning the goods to us.
You must return the goods to us promptly and in any case no later than fourteen days after you informed us of the withdrawal of this contract, to our warehouse
Promocean The Netherlands B.V.
5222 AH Den Bosch
you may either ship them or deliver them in person. You must send off the goods within the period of fourteen days.
When using a provided return label, returning the goods will be free of charge. Otherwise you bear the direct costs of returning the goods. You must pay for any loss of value of the goods only if the loss of value has been caused by handling the goods in a way not necessary for checking their condition, characteristics or functionality.
– End of instruction regarding the right of withdrawal –
5. Shipping / partial deliveries / availability
5.1. The Provider will promptly inform the Customer if a product is unavailable or cannot be delivered within the periods specified during the ordering process. If the product will not become available in the foreseeable future, then the Provider has the right to decline the Customer’s offer or to rescind a contract, if any. In case of rescission the Provider will promptly refund any payments already received. These provisions do not affect the Customer’s statutory rights based on delayed delivery, however the Customer will not have damages claims other than under clause 10 GTC.
5.2. Unless expressly agreed otherwise, the Provider selects the suitable shipping method and the carrier in its own reasonable discretion.
6. Prices, payment and shipping charges
6.1. All prices in the Miles GmbH, Love Magenta Shop include statutory VAT and shipping charges.
6.2. Payment can be made by credit card (Visa, Master Card, American Express), PayPal or Sofort online bank transfer. The Customer selects the payment method as part of the ordering process. Please find further information regarding the various payment methods here.
6.3. Payment in cash or by cheque is not available. The Provider assumes no liability for cash or cheques sent by the Customer regardless.
6.4. The Customer’s credit card data will be entered on a secure payments page. The Provider will keep the Customer’s data confidential. Neither the Provider nor third parties will have any access whatsoever to the Customer’s credit card data. Your credit card will be charged immediately after acknowledging receipt of your payment.
7. Retention of title
Until full payment is made (including VAT and shipping charges), the goods remain the Provider’s property. Without the Provider’s consent the goods must not be processed, altered, pledged, nor title to the goods transferred as collateral, before title to the goods passes.
8. Setoff, retention
8.1. The Customer has a setoff right regarding the Provider’s claims only if the Customer’s counterclaims, which are not for supplementary performance, have been awarded by a final and non-appealable court order or are undisputed by the Provider.
8.2. The Customer has a right of retention only to the extent the Customer’s counterclaim arises under the same contract.
9. Warranty claims
If goods delivered by the Provider are faulty, the statutory provisions apply regarding the buyer’s claims based on defects.
10.1. Damages claims of the customers are excluded. This exclusion does not apply to the Customer’s damages claims, based on death or personal injury or based on breach of material contractual obligations (wesentliche Vertragspflichten, Kardinalpflichten), nor to liability for other damage or loss based on the Provider’s, the Provider’s statutory representative’s or vicarious agent’s knowing or grossly negligent fault. Material contractual obligations are obligations performance of which is necessary for attaining the goal and purpose of the contract.
10.2. In case of breach of material contractual obligations, the Provider is liable only for contract-typical, foreseeable damage or loss if this has been caused in an ordinarily negligent way; this does not apply to the Customer’s damages claims, if any, for death or personal injury.
10.3. The limitations in sub-clauses 1 and 2 also apply for the benefit of the Provider’s statutory representatives and vicarious agents, if claims are raised directly against them.
10.4. This does not affect the application of the provisions of the German Product Liability Act (Produkthaftungsgesetz).
11. Trademark rights
In the online shop certain trademarks and other distinctive marks are used that are protected for Miles GmbH and for third parties. They are fully subject to applicable trademark laws and to their respective owners’ rights. The mere use of trademarks or other distinctive marks on the website does not permit the conclusion that the trademarks or other distinctive marks are not protected by third party rights. Unless stated otherwise, trademarks in the Miles GmbH, Love Magenta Shop are protected under trademark law. This includes, but is not limited to, trademarks, company logos and emblems of Miles GmbH and of Deutsche Telekom AG.
The contents and structure of the Love Magenta website are protected by copyright laws and other intellectual property laws. These pages must not be modified or fully or partly copied.
13.1 The EU Commission is providing a platform for online dispute resolution which is available at the external link http://ec.europa.eu/consumers/odr/ .
13.2 The Provider endeavours to clarify any potential controversies regarding a contract directly with the Customer and to settle such controversies by mutual agreement. Apart from that, the Provider does not participate in a dispute resolution procedure before a consumer dispute resolution agency and is not obliged to do so.
14. Miscellaneous provisions
This contract is governed by German law, excluding UN sales law (CISG). This governing law clause applies in contracts with Consumers only to the extent it does not limit mandatory laws of the state in which the Consumer has his registered residence or habitual abode.
Wherever only the masculine gender was used, this was purely for ease of reading. All references are intended to include both genders.
Please fill in and return this form to email@example.com if you wish to withdraw from the contract.
To: Miles GmbH Love Magenta Shop Harckesheyde 91-93 22844 Norderstedt Germany I/We (*) hereby withdraw from the contract made by me/us (*) for purchasing the following goods (*) Ordered on (*) / received on (*) _____________________________________ Name of Consumer(s) _____________________________________ Address of Consumer(s) _____________________________________ _____________________________________ Date _____________________________________ Signature of Consumer(s) (only if communicated in paper form) _______________ (*) please delete as appropriate.