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General Terms & Conditions

1. Scope


For all orders via our online store by consumers and businesses, the following terms and conditions apply. 

A consumer is any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor independent professional activity. Entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

Compared to entrepreneurs, these terms also apply to future business relations, without us having to reiterate to them. Used by the trader conflicting or additional terms and conditions are hereby objected to their application; they are only part of the contract if we have expressly agreed.

2. Contractor, Conclusion

The purchase comes with Miss Sophie's UG (limited).

By setting the products in the online shop we submit a binding offer to conclude a contract on this article. You can insert our products initially suggested to the cart at any time to correct your input before submitting your binding order by using the space provided in the ordering process and explained proofing tools. The contract is concluded by accepting by clicking the order button the offer on the basket of goods. Immediately after sending the order you will receive once a confirmation e-mail.

A binding contract may also previously concluded as follows:

If you have chosen credit card payment, the contract is concluded at the time the credit card charge.

If you choose the payment method PayPal, the contract is concluded at the time your confirmation of payment instruction to PayPal.

The for the formation of the contract languages ​​are German and English.

We save the contract text and send you the order data and our conditions via e-mail. The terms and conditions can be found on this page at any time here. Your past orders are accessible for security no longer on the Internet.

3. Delivery

Nor shipping costs are added plus to the specified product prices. For details on the amount of shipping, consult the offers.

We only provide the transport route. Unfortunately, a self collection of the product is not possible.

We also deliver to packing stations.

4. Payment

In our shop you have the following payment methods available:

Credit card
The charge on your credit card is to complete the order.

Paypal
You pay the invoice amount through the online provider PayPal. You must be registered in principle there or to only register legitimize with your login and confirm the payment instruction to us. You'll get more information during the ordering process.

Klarna
Statement: The payment period is 14 days from delivery of the goods or, in other services, the provision of the service. The calculation conditions for the accounting department for shipment to Germany can be found here and for shipment to Austria here.

Hire purchase (only available in Germany): With the financing service of Klarna you can purchase flexible in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or pay under the specified otherwise in the box office conditions. The installment is in each case the end of the month after sending a monthly statement by Klarna due. For more information, hire purchase, including the Terms and Conditions and the European Standard Consumer Credit Information here.

Instant Transfer
Select a payment method in the shopping basket Instant bank transfer, in using an SSL certificate provided for secure data transfer window in which you specify the inquired banking data opens. Now the mask you might know from your online banking appears. Sign in as normal and execute the transfer as usual, confirm the end with your tan. Once this is done, you will receive a payment confirmation by e-mail - and we, the dealer, too. You are then automatically redirected back to our shop.

Amazon Pay
Do you own an Amazon-Pay account so you can pay with this your order in our shop. Follow this the instructions after selecting the payment option at check out.

5. Withdrawal

Consumers have the statutory right of withdrawal as of the cancellation to be described. Entrepreneurs will be given no voluntary withdrawal.

6. Warranty and Guarantees

It is the statutory warranty rights. For information on any applicable additional guarantees and the precise conditions each time product and special information pages in the shop.

Customer Service: You can contact our customer service for questions and complaints on weekdays 9:30 to 12:30 at the telephone number 030/120746962 or by e-mail at service@miss-sophies.de.

7. Online dispute resolution

.. Online dispute resolution pursuant to Article 14, Section 1 of ODR VO: The European Commission provides a platform for online dispute resolution (OS) ready, which can be found under http://ec.europa.eu/consumers/odr/.

8. Final Provisions

Are you an entrepreneur, then German law applies excluding the UN sales law.

 

Are you a merchant in terms of the Commercial Code, legal entity under public law or public special fund, the exclusive jurisdiction for any disputes arising from contractual relationships between us and you our place of business.

 9. Partner

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna:

Statement: The payment period is 14 days from delivery of the goods / ticket / or in other services, the provision of the service. The calculation conditions into account purchase for shipment to Germany can be found here and for shipment to Austria here.

Hire purchase (only available in Germany): With the financing service of Klarna you can purchase flexible in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or pay under the specified otherwise in the box office conditions. The installment is in each case the end of the month after sending a monthly statement by Klarna due. For more information, hire purchase, including the Terms and Conditions and the European Standard Consumer Credit Information here.

The use of the payment account, hire purchase and debit requires a positive credit check. To that extent we will forward your data in the purchase initiation and execution of the purchase agreement to Klarna for the purpose of address and credit check. Please understand that we can offer those kinds of numbers you only who are justified by the results of the credit check. For more information and Klarna Terms of Germany can be found here and here for Austria. General information about Klarna is available here. Your personal information will be handled by Klarna in accordance with the applicable data protection regulations and as indicated in Klarna Privacy rules Germany / Austria.

Terms of business customers

1. SCOPE

(1) These terms and conditions 310 paragraph apply exclusively and only to entrepreneurs, legal persons under public law or public special funds within the meaning of §. 1 BGB. 

(2) The sale of the goods offered are only issued to individuals and legal entities or partnerships with legal personality, acting upon completion of the transaction in their commercial or independent professional activity.

(3) In a resale of the purchased goods to entrepreneurs and other commercial resellers, the customer must ensure that the pickup over to comply with the following provisions in § 1 (4) owe him this Agreement. The customer insofar liable under the regulations to Section 1 (4) against Miss Sophie's for Zuwiderhandlungenvon his customer.

(4) The customer is entitled to the purchased goods using distance communication, particularly in the context of online stores and some expressly approved by Miss Sophie's Internet trading platforms and / or in the context of distance contracts i. S. v. to eräußern §312b BGB. The customer agrees to refrain on pain a period determined by Miss Sophie's and possibly to be checked by a competent court on their appropriateness penalty to offer the purchased goods over the Internet trading platforms Ebay, Amazon or other, not expressly approved Internet trading platforms or to sell.

(5) It is forbidden to the customer, the brand "Miss Sophie's" and misspellings (such as "miss-sophies.de", "Miss Sophie", "Miss Sophie") to apply to be a keyword in the search engine marketing. 

we recognize (6) Conflicting and of these terms and conditions deviating conditions of the customer only if we have expressly agreed to their application in writing.

(7) These terms and conditions also apply to all future business with the customer.

2. OFFERS / PRICES

(1) Our offers are subject to change.

(2) All sale prices are net prices excl. VAT at the applicable statutory rate. Sales prices are ex-works including packing and shipping.

(3) The purchase price must be made solely on the overleaf account. Cash discount is only permitted with special written agreement.

(4) Unless agreed otherwise, the purchase price must be paid within 10 days after delivery. Interest shall be p.a. in the amount of 8% above the base rate calculated. The assertion of a higher damage caused by default remains reserved.

(5) The customer is entitled to compensation only if his claims are found either undisputed or legally. To exercise a lien, the customer is only insofar as his counterclaim is based on the same contractual relationship. 

3. CONTRACT

(1) The purchase contract is concluded when we accept your order by sending a declaration of acceptance, by delivering the goods or by notification of delivery.

4. OWNERSHIP

(1) The goods remain until full payment of all claims against the customer from the business relationship our property.

(2) The customer is entitled to resell the reserved goods in the ordinary course of business. The customer from the resale of the goods demand occurs, the customer already now to us. If the value of all security interests to which we are entitled against the customer, the amount of all secured claims by more than 20%, we shall release the customer's request the corresponding part of the security. The right to resell the customer goes out in case of default or applying for or opening of insolvency proceedings.

5. DEFECTS LIABILITY

(1) All warranty claims of the customer expire in twelve (12) months from transfer of risk. This does not apply if the law according to § 438 para. 2 no. 2 BGB and § 479 para. 1 BGB necessarily prescribes longer periods.

(2) require the customer's warranty rights that this his inspection and notification obligations in accordance with § 377 HGB has properly fulfilled. Complaints are considered late if these are claimed after handing over the goods to the customer only after a period of one calendar week. For hidden defects of the alleged defect within a period of two business days is to be notified upon discovery of the defect.

(3) Should have a defect the delivered goods that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option, repair or replace the goods. The customer is entitled only after two (2) failed repair attempts to make further claims for defects against us.

(4) Claims for defects do not exist with only minor deviation from the agreed quality, at only minor impairment of usability, natural wear and tear and damages especially to the transfer of risk resulted in improper or negligent handling, excessive stress, unsuitable equipment or due to external influences, which are not provided in the contract. If the customer makes changes to the delivered goods made so void the warranty claims.

(5) Claims of the Customer for necessary for subsequent performance, in particular transport, travel, labor and material costs, are excluded if the expenses have increased by the fact that the customer later other goods delivered by us to a City has spent as to the delivery address of the customer; unless the transfer corresponds to their intended use. 

6. Default

(1) the customer does not accept the goods, we are entitled, after setting a reasonable grace period to cancel the contract, reject the agreed delivery and to claim damages. In the latter case we are entitled to demand 25% of the agreed purchase price as damages without the need for a specific damage detection. The customer is free to prove that the damage is not or not incurred in this amount.

7. LIABILITY

(1) With the exception of liability for damages resulting from injury to life, limb and health, as well as mandatory liability under the Product Liability Act, our liability to intent and gross negligence is limited to the extent permitted by law.

8. MISCELLANEOUS

(1) This Agreement and the resulting legal relationship governed by the laws of the Federal Republic of Germany excluding the UN sales law (CISG).

(2) Place of performance and exclusive jurisdiction for all disputes arising from this contract is the place of the registered office of Miss Sophie's.

(3) Any changes and additional agreements to these General Terms and Conditions shall be made in writing. This also applies to the Abbedingungen of this writing requirement.

(4) If any provision of this Agreement or the validity of the remaining provisions will not be affected. In place of the ineffective regulations such as agreed, the lawful comes closest in the context of what was intended by the parties to the original purpose of the invalid provision applies. Gaps in this contract are to be filled on the basis of what the parties would have agreed on a reasonable assessment of the facts and the law and taking into account the legitimate interests of the other party, would have been aware of them, the control need the question.

Cancellation

1. Withdrawal

You have to withdraw from this contract within fourteen days without giving any reasons.

The withdrawal period is fourteen days from the day, the final goods have taken possession of you, or a representative of your third party, other than the carrier and has.

To exercise your right, you have to:

Miss Sophie's c / o WeWork Potsdamer Platz
Stresemannstr. 123
10963 Berlin

E-mail: service@miss-sophies.de
Phone: 030/120746962)

Inform (one of sent by mail letter z. B., fax or e-mail) by means of a clear statement about your decision to withdraw from this contract. You can do so using the attached model withdrawal form, however, is not mandatory.

it made to safeguard the withdrawal period is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.

2. Effects of withdrawal

If you withdraw from this contract, we have put all the payments that we have received from you, including delivery costs (except for the additional costs arising from the fact that you have chosen a different method of delivery than we offer, cheapest Standard have) immediately and repay at the latest within fourteen days from the date on which the notification was received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment. We can withhold reimbursement until we have received the goods back, or until you have demonstrated that you have sent back the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which they notify us of any cancellation of this contract to us or to pass. The deadline is met if you send the goods before the period of fourteen days. You only need to pay for any diminished value of the goods if the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.

3. Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- Potsdam to Miss Sophie's c / o WeWork place Stresemannstr. 123, 10963 Berlin; info@miss-sophies.de
- hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following services (*)

- Ordered on (*) / received on (*)
- Name / consumer (s)
- Address of / consumer (s)
- Signature of / consumer (s) (only for message on paper)
- date

(*) Delete as appropriate.