§ 1 Scope and consumer information

Wir (MH Berlin GmbH) führen Ihre Bestellung nach unseren zum Zeitpunkt der Bestellung jeweils gültigen AGB aus. Die AGB der MH Berlin GmbH in ihrer aktuellen Fassung stehen Ihnen auf unserer Website www.maisonheroine.com unter der Rubrik "Terms" zur Verfügung, die Sie von dort auch herunterladen und speichern oder ausdrucken können. Für die gesamte Geschäftsbeziehung gelten ausschließlich unsere "Terms".
Die deutsche Sprache ist Verhandlungs- und Vertragssprache. Für alle Auslandsgeschäfte gelten ebenfalls ausschließlich die nachstehenden Bedingungen.
Sie können sich diese AGB ausdrucken oder speichern. Hierzu können Sie dieses Dokument als PDF herunterladen und auf Ihrem Computer speichern. Um eine PDF Datei zu öffnen benötigst Sie das Programm Adobe Acrobat Reader DC, welches Ihnen im Internet kostenfrei zum Download zur Verfügung steht (https://get.adobe.com/reader/?loc=de).
Ihre Vertrags- und Bestelldaten sowie der Vertragstext werden von uns gespeichert, ein direkter Zugriff ist aus Sicherheitsgründen nicht möglich.
Über unsere Homepage haben Sie im Rahmen des Bestellvorgangs bevor Sie auf “jetzt kaufen“ klicken, die Möglichkeit Eingabefehler vor Abgabe der Vertragserklärung zu erkennen und zu berichtigen.

§ 2 Registering a user account

The registration of a user account is only permitted for legal persons and for natural persons having legal capacity, natural persons and partnerships, as well as legal persons. Minors may not register. The registration of a legal person may only be carried out by an authorized natural person, who must be named.
When completing the registration application, provide truthful, accurate, current and complete information about the data requested in the registration forms. In the case of not fully completed registrations of member accounts, as well as in the case of discredited or incorrect information, we reserve the right to refuse the registration of a member, to cancel with immediate effect or to delete a member's account after a reasonable time.
Any disruption of our homepage or the further use of your user account outside the intended use provided for in these terms and conditions is prohibited. In particular, manipulation with the aim of causing harm, to completely or temporarily interfere with and affect the use our website or to obtain unauthorized payments or to bring about other advantages to our disadvantage, are prohibited. Infringements will be pursued according to both civil as well as criminal laws.
In the event of a violation of §2.1 and §2.3 or concrete suspicion of such a breach, in which there is a danger of damage, we are entitled to freeze your user account immediately.
We are not obliged to accept your registration or your order. We are not obliged to permanently maintain the availability of our website, your account, or our E-shop. Already confirmed contracts shall remain unaffected, however.
You can delete your account at any time. Please also pay attention to our declarations on data protection and the cookies used by us.

§ 3 Conclusion of contract

Our offers are subject to confirmation and are non-binding. The presentations on our websites represent as such no legally binding offer. You can order from us by phone, via our website (internet), or by e-mail. When ordering via our website in the E-shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods. Also, in the case of your order by phone or by fax, you make a binding offer by sending the fax or by issuing an order orally. We are entitled to accept your offer within 5 calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If your offer is not accepted by us within 5 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.

§ 4 Delivery

We ship goods to you domestically which are in stock no later than 1-5 working days after the conclusion of the contract via DHL. In the case of payment in advance, delivery times shall extend from the date of receipt of payment in our account. Differing delivery times shall be specified in the context of the item description. Goods shipped from outside Germany and within Europe which is available are normally delivered within 5-14 working days. For shipments to non-European countries, the delivery time depends on the type of shipping (airmail /overland/maritime) and the location of the recipient. If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case. We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we shall, of course, accept the additional shipping costs. No further costs shall arise for you. The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which – taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above-described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to the breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.

§ 5 Right of withdrawal

Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these E-shop terms and conditions.

§ 6 Prices

All prices are amounts in Euros and include value-added tax. Postage and shipping costs shall be added accordingly (see shipping costs).

§ 7 Shipping costs (Domestic and foreign)

Here you will find all information about shipping costs for returns and postage and shipping costs for deliveries

Germany and EU > Free Shipping and Returns

Switzerland > Shipping and Returns 30 EUR - no free returns

International > Express Shipping and Returns 30 EUR - no free returns

§ 8 Terms of payment

The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of 8 percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert § 288 para. 3, 4 BGB.
We accept payment in advance, credit card, PayPal, and direct debit. Further information and Klarnas user terms can be found here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

§ 9 Warranty and liability

Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the MH Berlin GmbH, Mengerzeile 1-3, 12435 Berlin. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.

§ 10 Care

Please take note of the care instructions, which you can find on our website www.maisonheroine.com under FAQ. If care instructions are not properly followed, modifications to the products have been made or care materials are used which we have discouraged, and/or were explicitly declared by us as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.

§ 11 Reservation of title

The delivered goods shall remain in our ownership until full payment has been made. If you come in arrears with the purchase price payment, we have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.

§ 12 Data protection, advertising via e-mail

We adhere strictly to the privacy laws. You agree to the storage, processing, and use of personal data you have submitted by your order according to the provisions of the Federal Data Protection Act (BDSG) for processing your order. We will save your order and address data for use in the context of order processing (including transmission to the order processing or shipping partner used), for any warranty claims and product recommendations to customers in accordance with the content of our privacy policy and the applicable laws on data protection. You can find our privacy policy as well as our Cookie policy as a link under Legal on our website www.maisonheroine.com.
In the event of the conclusion of the contract, we will send you advertising for similar goods by email from time to time; if you do not wish to receive such promotional emails, you can refuse the use of your email address by contacting the following email address: service@maisonheroine.com.

§ 13 Right of information

You have the right to information, as well as under certain circumstances a right to correction, freezing/blocking and deletion of your data stored in our systems.
Furthermore, you have a right to object to the processing or use of your personal data for advertising purposes or for market and opinion research, as well as for the trade with addresses and commercial data processing.
You can always also object to the compilation, processing or use of your personal data if an evaluation shows that your legitimate interest because of your particular personal situation outweighs the interest of the responsible authority involved in the collection, processing or use of such data. This does not apply if legislation entitles or obliges this collection, processing or use of data.
Furthermore, you basically still have the right to revoke a previously granted consent to collect, process and use your personal data at any time with effect for the future.
Further information or explanations concerning data protection can be given by the company data protection officer of MH Berlin GmbH, who you can reach at the following address Mengerzeile 1-3, 12435 Berlin, or by email at hello@maisonheroine.com, or by calling the customer service telephone at +49 (0)30 286 40663. Please also contact the data protection officer if you would like to exercise your right to objection or revocation according to the BDSG. You can find our privacy policy by following the link within the footer.

§ 14 Applicable law

For all disputes arising from or as a result of this agreement, the law of the Federal Republic of Germany will apply under exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions of in particular the State in which the customer as a consumer is ordinarily resident shall remain unaffected.
The place of jurisdiction for all claims arising from or due to this business relationship, including those from bills of exchange and cheques, is Berlin, insofar as you are a merchant in the sense of the commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court of jurisdiction responsible for your company headquarters.

§ 15 Final provisions

Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavor to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.

§ 16 Service provider

MH Berlin GmbH
Mengerzeile 1-3
12435 Berlin

Phone: +49 (0)30 286 40663

E-Mail: hello@maisonheroine.com

Managing Director: Anton Jurina
Commercial register: District Court Berlin HRB 180527

VAT ID No.: DE 815577063

July 2019
Copyright © 2019 by MH Berlin GmbH
Maison Hēroïne® is a registered and protected trademark

Right of revocation

You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took the goods in their possession, in the case of a contract for the supply of goods in several partial shipments or, on the day on which you or a third party nominated by you, who is not the carrier, took the last part of a shipment or the last item in your or their possession.
In order to exercise your right of withdrawal, you must inform us by making a clear statement (e.g. a letter sent by mail or e-mail) of your decision to revoke this agreement. You can use the attached sample withdrawal form for this purpose, which is, however, not compulsory.
It shall be deemed sufficient to send notification expressing your wish to exercise the right of withdrawal before the withdrawal deadline expires.

Consequences of withdrawal

If you withdraw from this contract, we have to return all payments that we have received from you, including the delivery charges (except for the additional costs arising from a different type of delivery to that offered by us as the best standard form of delivery), without delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract was received by us. We shall use the same means of payment you used for the original transaction unless otherwise expressly agreed with you; in any case, no charge will be made for this repayment. We can refuse to pay any refund until we have received the goods back from you, or you have provided evidence that you have returned the goods, depending on which of these dates was earlier.
You shall return or hand over the goods promptly to us, in any case no later than fourteen days from the date of which you informed us about your withdrawal from this contract. The deadline shall be ensured if you send back the goods before the expiration of the fourteen-day period. The immediate cost of returning the goods shall be borne by you.
You must only bear a possible loss in value of the goods if this loss in value is due to unnecessary handling to check the quality, properties, and function of the goods.

Example of withdrawal form

If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:
MH Berlin GmbH, Mengerzeile 1-3, 12435 Berlin, Email: service@maisonheroine.com.

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the customer (s)
Address of the customer (s)
Signature of the customer (s) (only for communications on paper/hardcopies)
Date __.__.____
(*) Delete as appropriate.

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