General terms and conditions of business
for the MIJOSURF online shop http://www.mijosurf.com and https://www.instagram.com/mijosurf/
§1 Scope
(1) These General Terms and Conditions apply to all contracts for goods and services between the operator of the Mijosurf online shop, namely Joscha Arndt, Marienberg 7, D-41844 Wegberg (hereinafter referred to as “Mijosurf”) and its customers.
(2) Contracts with Mijosurf can currently only be concluded in German.
(3) The General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract.
§2 Conclusion of contract and contractual partners
(1) The offers in the Mijosurf online shop represent a non-binding invitation to the customer. The customer's order therefore represents an offer to Mijosurf to conclude a purchase contract based on these General Terms and Conditions. Mijosurf's confirmation of receipt of the order represents the order confirmation for the customer's purchase contract offer: The conclusion of the purchase contract is concluded upon receipt of this order confirmation.
(2) The customer’s contractual partner is Mr. Joscha Arndt.
His business address is:
Mijosurf Joscha Arndt
Marienberg 7
41844 Wegberg
§3 Cancellation policy
(You can print out this cancellation policy and add it to your order documents. This cancellation policy is also included in paper form with your delivery of goods.)
(1) You can revoke your purchase contract offer within 14 days without giving reasons in writing (by letter, fax or email) or by returning the item. This period begins after you have received this cancellation policy in text form, but not before you have received the goods and not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Since this cancellation policy is enclosed with your shipment in paper form, the period begins upon receipt of the goods.
(2) To meet the cancellation period, it is sufficient to send the cancellation notice or the goods in good time.
(3) The revocation shall be addressed to:
In writing to:
Mijosurf / Joscha Arndt
Marienberg 7
41844 Wegberg
Or by email to: info@mijosurf.com
(4) The return of the goods must be addressed to:
Mijosurf / Joscha Arndt
Marienberg 7
41844 Wegberg
(5) Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered.
If you are unable to return the goods received in whole or in part, or if you can only return them in a deteriorated condition, you may be required to pay us compensation for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as would have been possible for you in a store, for example.
Furthermore, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your own property and by refraining from doing anything that could impair its value.
(6) Items that can be sent as a parcel must be returned at our risk. Please send the goods back to us as an insured parcel. If possible, please use the original packaging and all packaging components or use protective outer packaging if necessary.
(7) The customer shall bear the costs of return shipment regardless of the value of the returned goods and the reason for the return shipment.
(8) Obligations to refund payments must be fulfilled within 30 days. The refund will always be made using the original method of payment. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.
§4 Prices and shipping costs
(1) The prices stated in the Mijosurf online shop include the statutory sales tax of currently 19%, but not the shipping costs.
(2) The shipping costs for standard shipping are:
- **Within Germany**:
- For orders up to 100,- Euro: 4,90 EUR
- For orders over 100,- Euro: free of charge
- Transit time: 1 to 2 business days
- **In Europe (except Germany)**:
- Standard International: EUR 15.00
- Transit time: 2 to 8 working days
(3) The shipping costs for premium shipping via FedEx, TNT or UPS must be negotiated separately, as we only offer this option in individual cases and upon request.
§5 Terms of payment
(1) Payments are made using one of the payment methods offered in the shop. These are currently PayPal, credit card and advance payment by bank transfer. Mijosurf reserves the right to specify the payment methods available for an order process.
§6 Delivery conditions
(1) Delivery is made by sending from the warehouse to the delivery address provided by the customer when ordering. The availability of the goods and the expected shipping time are stated in the order confirmation.
(2) Goods in stock will be dispatched within 2 working days. The delivery time varies depending on the country: within Germany it is 1 to 2 working days, within the EU up to 8 working days.
(3) In case of delays, we will inform the customer immediately about the new expected delivery date.
§7 Warranty
(1) The statutory warranty provisions apply.
(2) For fashion items that, by their nature, can quickly show signs of wear, the standard warranty rights of the fashion industry apply. These include the right to repair, replacement or reduction of the purchase price in the event of defects.
§8 Retention of title, offsetting, right of retention
(1) The goods remain the property of Mijosurf until full payment has been made.
(2) The customer is only entitled to a right of set-off if his counterclaims have been legally established, recognized by Mijosurf or are undisputed. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the contractual relationship with Mijosurf.
§9 Data protection
(1) The protection of your personal data is important to us. Further information on the processing of your data can be found in our privacy policy, which is available on our website.
§10 Product descriptions and images
(1) The product images and descriptions in the online shop are as accurate as possible. However, minor deviations in color and shape are possible and do not constitute claims for defects.
§11 Sizes and fits
(1) Detailed size charts and fit information are provided on product pages. We recommend consulting these before ordering to minimize returns due to incorrect sizing.
§12 Packaging and shipping
(1) We pack the goods carefully to avoid damage during transport. Special requirements for sensitive or valuable items will be taken into account.
§13 Special conditions for return shipment
(1) There are no specific special conditions for the return of clothing other than the general regulations. The customer bears the costs of return shipping in all cases.
§14 Customer service and contact
(1) Our customer service is available to answer any questions, complaints and objections on working days from 9:00 a.m. to 6:00 p.m. by email at info@mijosurf.com.