midsommarshop - Skandinavisches Design

of the company midsommarshop, Mühlenstrasse 85, 23552 Lübeck

1. Scope

For business relations between the company midsommarshop (in the following “midsommarshop”) and the customer (in the following “customer”) only these general terms and conditions (in the following “Conditions”) shall apply.

midsommarshop does not accept any other conditions opposing or differing from these conditions and herewith explicitly contradicts to them. Opposing terms and conditions of the customer are not applicable unless midsommarshop explicitly agrees to them in writing. midsommarshop reserves the right to amend these conditions without prior announcement and without giving any reasons. Such amendments do not apply for already placed orders.

2. Conclusion of Contract

Presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue. After entering your private data and clicking on the button “order now” as final step of the order process you will place a binding order of the goods contained in your shopping cart. Immediately after sending the order, a confirmation of order will follow which explicitly does not constitute an acceptance of order and does not contain a written return instruction. The purchase agreement will be concluded with our confirmation of order or the delivery of goods. If a product is not available due to force majeure or manufacturing difficulties and if midsommarshop is not able to furnish the ordered products under reasonable conditions, midsommarhsop will be exempted of its obligation of delivery as far as the impeding circumstances have occurred after conclusion of contract and midsommarshop is not responsible for it and in particular may be able to prove the conclusion of a congruent covering transaction. In this case the customer will be informed immediately and the already paid amounts will immediately be refunded.

3. Prices and Shipping Costs

All prices are expressed in Euro inclusive of VAT. At eBay auctions all eBay charges are included in the purchase price. Delivery charges have to be added to the stated price items and will be shown separately. For deliveries abroad delivery charges are only deducible if the country of delivery has been indicated.

4. Payment, Settlement

For delivery within Germany prepayment, cash on delivery (up to € 400 order value within Germany) or PayPal are possible payment methods. For delivery within EU or Switzerland payment will be made by prepayment or PayPal. The following will apply in detail:

Prepayment: Purchase price will be due with the placed order. The goods will be shipped after receipt of payment. midsommarshop grants a discount of 3 % on the total amount when prepayment will be chosen.

Cash on delivery: The purchase price is due by delivery of goods. It consists of the stated gross amounts inclusive the therein stated VAT. Packaging is not included in the amount. Additionally to the shipping charges the customer has to pay pro-rata charges of € 5,60 for cash on delivery and money transfer.

If payment is made by PayPal delivery will follow after receipt of payment confirmation.

5. Delivery, Transport and Passing of the Risks

It is in midsommarshops’s discretion to choose the routing and mode of despatch. Part deliveries are admissible as far as it is appropriate to the customer. Goods on stock will be prepared for delivery within 7 days.

In case the customer states an incomplete or wrong delivery address he has to reimburse midsommarhsop for all additional costs which arise on delivery, as e. g. new arising delivery costs.

In case the customer is a consumer the danger of loss by chance and the impairment by chance of the sold goods will pass on to the customer after delivery. It is of no importance to the delivery if the customer is in default of acceptance. In case the customer is a commercial acting entrepreneur danger of transport damage will pass on to the customer after delivery of the goods to the person responsible for the dispatch.

6. Default in acceptance

midsommarshop may withdraw from the contract and demand for indemnification if the customer does not reply within the additional period of grace granted to him, if he refuses to accept delivery or if he expressly declares that he is not willing to accept it. If the default in acceptance will take more than one month, the customer has to pay the arising storage expenses. midsommarshop has the right to assign a forwarding company for storage.

midsommarshop may demand 25 % of the gross order value without deductions as indemnification because of non-performance by default in acceptance if the customer does not prove the non-existence of damage or non-existence of damage in the amount of the lump sum. Furthermore, midsommarshop reserves the right to claim a higher provable damage, e. g. for custom-made products.

7. Right of Return

Consumers in terms of § 13 BGB may return the received goods within one month without giving any reasons. The time period will start at the earliest one day after receipt of goods and receipt of a detailed instruction of return procedure in writing, this means the buyer must have received the ordered goods and the duly instruction of revocation in writing. Only if it is impossible to send the goods as parcels (e. g. bulky goods) you may declare return by request of withdrawal in writing, that means e. g. by letter, facsimile or email. To meet the time period a timely return of the goods or the request of withdrawal is sufficient. In either case the return will be at our expense and risk.

Return or request of withdrawal has to be made to:

midsommarshop
Mühlenstrasse 85
23552 Lübeck

Telefax: + 49(0)451 – 12 11 048
E-Mail : info@midsommarshop.de

Consequences of return:

In case of an effective return the mutually received services have to be granted back and benefits have to be reclaimed as the case may be (e. g. benefit of use). In case of deterioration of goods compensation may be claimed. This does not apply for allocation of goods if the deterioration only results from its examination – as e. g. possible in a store – or from normal use.

The right of return does not apply for exceptional cases regulated by law:

for contracts regarding delivery of goods which are produced according to customer’s specification

for goods which are clearly specified to the customer’s personal requirements

for goods which are not appropriate for return due to its nature

8. Liability of the seller for faults or deficiencies of the goods

midsommarshop ensures that the delivered goods are free from material defects in terms of the definition according to § 434 BGB or are of an agreed condition at the date of delivery. Customary and reasonable variation in color and masers in wood surfaces and drapery are reserved and do not constitute any variation of the customary conditions. The duration of warranty is 2 years and may be reduced to 1 year for second-hand products and contracts with enterprises. The period of warranty begins with delivery of the goods to the customer.

In case the customer is a consumer and a defect exists the customer may demand remedy of defect or delivery of an object free of defect on its choice. midsommarshop may refuse the customer’s chosen form of supplementary performance if this form is associated with disproportional high costs. If the remedy of defect does not success on second trial the customer has in line with § 439 BGB the right to withdraw from the contract or to reduce the purchase price as well as to claim damages. Should the defect be of negligible or marginal nature withdrawal of contract is excluded.

9. General Liability

midsommarshop is only liable for cases in which it, a legal representative or a servant is accused of intention or gross negligence. The aforesaid does not apply for liabilities for damages resulting in injury of life, of body or of health as well as in cases of fundamental breach of contract. Except for intention, gross negligence and damages resulting in injury of life, of body or of health the liability is limited by amount to typically foreseeable damages on conclusion of contract.

10. Reservation of ownership

The goods remain in midsommarshop’s ownership until complete payment of purchase price and possible incidental claims.

11. Setoff

Only if individual claims have become non-appealable before the courts or accepted in writing by midsommarhop the customer has the right to setoff or retention. Retention is only acceptable if the claims result out of the same contractual relationship.

12. Confidentiality

For processing your orders midsommarshop requires your address and information about the handling of payments. This data will solely be used by midsommarshop for duly performance of services. Depending on the services, it may also be necessary to pass on the data to trading– or service partners of midsommarshop (e. g. carriers) in order to duly perform these services. At any time, the customer has the right to free information, adjustment, disabling and deletion of its saved data as far as it will not be required for order processing or to be subject to the legal obligation anymore.

13. Final Provisions

The law of the Federal Republic of Germany shall apply for legal relationships between midsommarshop and the customer and the interpretation of the regulations in these Conditions. The application of UN-Sales Law is excluded. For businesses with final consumers the applicable law on its residence shall apply provided that legal consumer provisions are mandatory concerned. In case that the customers are traders in accordance with the commercial code, special assets regulated by public law or legal bodies of the public law Lübeck will be agreed as exclusive jurisdiction.

In case that the customer is a consumer and he does not have a residence within the European Union Lübeck will be agreed as jurisdiction, too. The applicable law at the residence of the final consumer may apply for businesses with consumers within the European Union, too, as far as mandatory legal consumer provisions are concerned. If the customer is a tradesman according to the commercial code or a corporate body of the public law the place of performance for delivery and payment will be Lübeck.

The colours of the products represented in the internet may slightly diverge from the original due to different reasons (monitor adjustment, quality of graphic board, etc.).

In case of conflict between the German and English version of the general terms and conditions the German version shall prevail.