General Conditions of Business
affecting the frame of sales contracts and defining the www.miss-solution.com platform between

miss solution
Owner: Janine Escher
Main Offices and Invoicing Address
Swantewitstraße 91
13125 Berlin, Germany
2. Address
Hermann-Elflein-Straße 29
14467 Potsdam, Germany

Telefon: +49 (0) 331 2712152
Telefax: +49 (0) 331 2712153
Email: contact@miss-solution.com

and agreed between:

- in the following referred to as the „Supplier“ – and the customers defined in § 1 paragraph 2 and
- in the following referred to as the “Customer”.

§ 1 Area of Application, Definition, Language
(1) The following general conditions of business apply exclusively to the business relationship between the Supplier and the Customer as defined in their form at the time of contract signa-ture. Deviations from these conditions will not be recognized except when the Supplier agrees to such deviation in writing.
(2) The Customer is a consumer as far as the purpose of the ordered delivery and service cannot be attributed to its commercial or self-employed activities. In contrast to this are those companies of every natural or legal person or legal organization that execute their commer-cial or self-employed business at the time of completion of contract.
(3) Sales contracts can only be made together with those Customers that have their normal headquarters within the European Union or Switzerland.
(4) For purposes of completion of contract the following languages made be employed: German and English.

§ 2 Contract Conclusion
(1) The Customer can choose from the selection of the Suppliers products, especially wedding, baby and family articles and collect them together using the “in the shopping cart” button. Using the “Send Order” button the Customer submits a binding declaration to purchase the goods that are in the shopping cart. Before sending this declaration the Customer can examine and change the data at any time. The order can however only be submitted and transmitted after the Customer has accepted these general Conditions after pressed the “Policies Accepted” button and thereby including these conditions in the order.
(2) The Supplier subsequently sends an email to the Customer to confirm receipt of this order in which the order submitted by the Customer is clearly listed and the Customer can print this out using the “Print” button. The automatic receipt email, only documents however that the order has been received by the Supplier but still does not present a legally binding contract between the 2 parties. The contract only comes to be, after the order acceptance declaration has been issued by the Supplier, which in turn is sent with a special email.

§ 3 Availability of Goods, Delivery
(1) Deliveries are only possible within Germany, the EU and Switzerland.
(2) In the event that there are no examples available of the item that the Customer has ordered, then the Supplier informs the Customer of this fact together with the email confirming order receipt. In the event that the desired product is permanently unavailable, then the Supplier withdraws from the acceptance of delivery. A contract does not come to completion under such conditions.
(3) ) In the event that the product that has been ordered is only temporarily unavailable then the Supplier informs the Customer about this immediately in the order receipt email. By a delay in excess of two weeks the Customer has the right to withdraw from the contract. Further the Supplier also has the right of withdrawal under these circumstances. In such cases payments already made by the Customer would be immediately refunded.
(4) Deliveries and services of the Supplier are made as fast as possible. The delivery of the goods takes normally between 2 to 4 work days. For wedding clothes the delivery time is be-tween 6 to 8 weeks. In the event that an article is especially produced for a Customer then the delivery time is 7 to 14 days. The Customer is informed that for pre-payment payment terms the goods can only be delivered first after receipt of payment on the account of the Supplier.
(5) The delivery of the goods is made normally by post (DHL or Hermes).

§ 4 Payment Terms
(1) The Customer can pay in advance, with Cash on Delivery (COD), immediate bank transfer and Paypal. Additionally there is the possibility to pay using a credit card together with Paypal.
(2) The Customer can change the payments method in the user profile at any time.
(3) The payment is due immediately after contract closure.
(4) The responsibility to pay for late payment interest does not mean that the Supplier cannot apply for additional damages.

§ 5 Payment and Postal costs within Germany
(1) If the Customer has its normal business residence in Germany then the following possibilities are available for payment:

Pre Payment:
The payment in advance follows after the Customer has received the order acceptance dec-laration from the Supplier. The Customer transfers the invoiced amount. As soon as the Supplier has received the payment on its account stated in the order acceptance declaration the goods are sent to the Customer. The Customer is informed that a money transfer can take up to 2 to 4 days.

Immediate Payment:
The immediate payment is based upon the TUEV certified safe payment method of the Pay-ment Network AG. When the Customer wishes to pay by immediate payment the Customer submits its on-line banking data into the appropriate on-line banking system (generally this means the bank connection, as well as the PIN and TAN data). In this way the Customer can make an immediate money transfer immediately after receipt of the order acceptance decla-ration, without having to change the internet side. Due to a very comprehensive and safe concept immediate transfer belongs to one of the most safe payment methods available in the internet. Additional information about this payment method can be found here.

Cash on Delivery (COD):
The Customer has with this method of payment (Cash on Delivery (COD)), an additional charge of 5.00 Euros. On the day the delivery is sent the Customer receives an email in which it clarified that either DHL, Hermes or another postal company will deliver the goods within the next 2 days to the Customer in exchange for cash payment.

PayPal:
After the Customer has decided to use Paypal as payment method then the Customer will be redirected by a link to a safe Paypal side together with all relevant information. There the Customer can make payment. After the arrival of the credit payment on the Paypal account belonging to the Supplier then the delivery of the goods will be prepared. The Customer will be informed that any additional payments incurred by this payment method are to be taken over by the Customer (e.g. payments from foreign countries).

(2) The packaging and postal costs for deliveries within Germany are 4.50 Euros.
(3) These costs are presented to the Customer in the order form and are to be paid by the Customer.

§ 6 Payment and Postal Costs within the EU and Switzerland
(1) If the Customer has its normal place of business within the EU or Switzerland, then the following methods of payment are available:

Pre Payment:
The payment in advance follows after the Customer has received the order acceptance dec-laration from the Supplier. The Customer transfers the invoiced amount. As soon as the Supplier has received the payment on its account stated in the order acceptance declaration the goods are sent to the Customer. The Customer is informed that a money transfer can take up to 3 to 5 days.

PayPal:
After the Customer has decided to use Paypal as payment method then the Customer will be redirected by a link to a safe Paypal side together with all relevant information. There the Customer can make payment. After the arrival of the credit payment on the Paypal account belonging to the Supplier then the delivery of the goods will be prepared. The Customer will be informed that any additional payments incurred by this payment method are to be taken over by the Customer (e.g. payments from foreign countries).

(2) The packaging and postal costs for deliveries within the European Union are 15.00 Euros.
(3) These costs are presented to the Customer in the order form and are to be paid by the Customer.
(4) Unfortunately we cannot delivery at this time to the following EU countries: Greece, Malta, and Cypress. Unfortunately the following exclusion areas can also not be delivered to, cur-rently:
in France (Guadeloupe, Martinique, French-Guyana, Reunion), in Italy (Livigno, San Marino, Vatican City),
in Portugal (Azores, Madeira), in Spain (Ceuta, Lazaretto, Fuerteventura, Grand Canaries, Tenerife, La Gomorra, La Palma, El Hero, Melilla).

§ 7 Prices
The prices that are displayed on the internet side belonging to the Supplier are all, inclusive of VAT.

§ 8 Reservation of Property Rights
The delivered goods remain in the ownership of the Supplier up until full payment has been received.

§ 9 Material Defects Guarantee, Guarantee
(1) The Supplier is liable for material defects according to the legal guidelines and especially according to following German Civil Law (§§ 434 ff. BGB). For companies the guarantee re-sponsibility of the Supplier is 12 months.
(2) A guarantee only exists for goods delivered by the Supplier when this has been explicitly given in the order acceptance declaration for each article delivered.

§ 10 Liability
(1) The liability of miss solution is limited to deliberate acts and gross negligence. This limitation of liability is not valid for damages resulting from infringements of es-sential contract responsibilities (cardinal obligations): and damages from injury to bodily life or health.
(2) Paragraph 1 is also true for all legal representatives, employees, fulfillment and assistants employed by miss solution.
(3) The regulations of the Product Liability Act remain unaffected.

§ 11 The Consumers Right of Withdrawal
(1) In the case where the Customer is a consumer and the Customer has completed a contract exclusively by the use of remote communication, especially by telephone, email or fax or by use of the Supplier internet side www.miss-solution.com, then the Customer has a right of withdrawal.
(2) The Customer can withdraw the contractual declaration within two weeks without giving any reason in text form (e.g. letter, fax, email) or by sending the articles back. The withdrawal period begins earliest on the day after receipt of the goods also at that time when the Cus-tomer has already received in text form the rules concerning withdrawal. To guarantee the withdrawal period it is only necessary to send the withdrawal within the appropriate time pe-riod or to return the articles.

The withdrawal is to be sent to:

miss solution
Hermann-Elflein-Straße 29
14467 Potsdam
Germany
Telephone: +49 (0) 331 2712152
Telefax: +49 (0) 331 2712153
Email: shop@miss-solution.com

(3) In the case of an acceptable withdrawal then the mutually received services are to be re-turned as well as in appropriate cases also usage advantages (e.g. interest).Where it is only possible for the Customer to return only part or only to return used goods, then the Customer must compensate the Supplier appropriately. This is not valid for the return of articles when the damage to the goods is solely due to the checking of the goods – e.g. like when the goods were examined in the shop had that been possible -. Further the Customer can avoid any compensation payments by simply not using the goods in such a manner as if they had belonged to the Customer.
(4) The Customer is responsible to pay for the postage for goods that can be returned by post when the delivered goods are identical with the ordered goods and when the price of the return postage does not exceed 40 Euros or when the Customer has already provided or made in the case of a higher price, for the articles at that moment in time of the withdrawal, the trade-off or an agreed contractual part payment. In all other cases the return postage is free-of-charge. Articles that cannot be sent by post will be picked up. All responsibilities in connection with a refund of monies should be completed within 30 days after withdrawal by the Customer.
(5) According to § 312d part 4 number 1 BGB (German Civil Code) the withdrawal after pur-chase of goods is not possible for those goods that have been especially made ready ac-cording to the Customers specification or clearly produced according to the Customers wish-es or because the goods cannot be appropriately returned by post because of the features of the goods or because the goods could decay quickly or the use-by-date has been exceeded, except for (e.g. tailor made wedding clothes, jewelry produced to a Customers requirements, food and cosmetics).

§ 12 Final provisions
(1) The contracts between Supplier and Customer are subject to the law of Germany and specifically the UN Terms of Sale and Delivery are herewith excluded. When the Customer is a consumer and has its place of residence outside Germany, then the Customers local con-sumer rights still apply and are not withdrawn.
(2) Where the user is a merchant, or is a legal representative of the public services or a public law special assets entity then the point of jurisdiction for all claims resulting from the contract between the user and miss solution is Berlin.
(3) These business conditions are binding in all other parts even when one part may become invalid.

Status: October 2007
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