1 Scope of application, customer information

The following general terms and conditions govern the contractual relationship between MISIK Korean Delicatessen, owner Jungmi Ha, (hereinafter referred to as MISIK) and consumers and entrepreneurs who purchase goods via our online store. We do not recognize any terms and conditions that contradict or deviate from our terms and conditions. The contract language is German.

1.1 Consumer

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

1.2 Entrepreneur

An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2 Conclusion of contract

2.1 The offers on the Internet represent a non-binding invitation to you to purchase goods.

2.2 After entering your data and clicking on the order button, you submit a binding offer to conclude a purchase contract. However, you can also place a binding order by telephone. The immediate confirmation of receipt of your order by e-mail does not constitute acceptance of the purchase offer.

2.3 We are entitled to accept your offer within two days by sending you an order confirmation by e-mail. If the period specified in sentence 1 expires without result, your offer is deemed to have been rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.

2.4 If our order confirmation contains typographical and/or printing errors or if our pricing is based on technical transmission errors, we are entitled to contest it, whereby we must prove our error to you. Payments already made will be refunded immediately.

3. right of withdrawal

3.1 Cancellation policy

3.1.1 Foodstuffs - goods requiring refrigeration

A right of withdrawal is excluded in accordance with § 312g para. 2 no. 2 BGB, as the goods delivered by the seller are perishable foodstuffs (see § 2 para. 1 no. 2 LMHV).
 

3.1.2 Vouchers

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us (MISIK, Inh. Jungmi Ha, Vogelsangstraße 18, D-70176 Stuttgart, E-Mail: info@misik-restaurant.de, Phone: +49 711 451 404 47) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).  To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.


End of the withdrawal policy

5. reservation of title

The object of purchase remains our property until full payment has been made.

6. storage of the contract textWe save the text of the contract and send you the order data and our GTC when you order online and also when you order by telephone by e-mail to the e-mail address provided.You can view the current version of the GTC at any time at www.misik-shop.de.


7 Prices and shipping

7.1 Pricing

All prices stated on the product pages are final prices and include statutory VAT.

7.2 Shipping companies

We deliver with DHL Deutsche Post or a provider of our choice.

7.3 Shipping costs

The shipping costs for food are a flat rate of € 4.90.

The shipping of vouchers is free of charge.

7.4 Delivery area

We currently only deliver within Germany.

7.5 Delivery time

The delivery takes place within 2-3 working days after an order confirmation on our part.

8 Delivery conditions

8.1 Partial deliveries

 

If not all products ordered are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

8.2 No delivery possible

If delivery of the goods fails despite three attempts to deliver them, we may withdraw from the contract. Any payments made will be refunded immediately.

8.3 Reservation of self-deliveryIf the ordered product is not available because we are not supplied with this product by our supplier through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product.If no comparable product is available or you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.The burden of proof for a missing delivery by our supplier is incumbent on us.

9. transfer of risk for shipments to entrepreneursIf the goods are dispatched to an entrepreneur at his request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer (entrepreneur), at the latest when the goods leave the warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.

 

10. terms of payment

10.1 Payment methods

Payment is made via the payment processing of the payment methods offered by MISIK. The currently available payment methods will be displayed during the order process.In any case, the available payment methods will be displayed for selection before each order.

10.2 Exclusion of individual payment methodsWe reserve the right to exclude individual payment methods. The available payment methods are then available as an option in the order process.Please also note the information in our data protection declaration under "Data protection".

10.3 Payment terms for advance paymentThe invoice amount must be transferred to our account within 10 days (from the invoice date). We will send you the account details separately by e-mail.

In the event of default of payment, interest of 5% above the base interest rate shall be charged on the purchase price during the period of default. MISIK reserves the right to prove and claim higher damages caused by default.

10.4 Offsetting and right of retention

You shall only have a right of set-off if your counterclaims have been legally established by a court or are undisputed or have been recognized by us in writing. You may only exercise a right of retention if the claims result from the same contractual relationship.

11 Warranty towards consumers

The warranty shall be in accordance with the statutory provisions.

12 Warranty towards entrepreneursWarranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects which MISIK has fraudulently concealed and claims arising from a guarantee which MISIK has assumed for the quality of the item.Also excluded is the right of recourse according to § 478 BGB.The statutory limitation periods shall apply to these excluded claims.

13. transport damageIf goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.Failure to make a complaint or contact us has no consequences for your statutory warranty rights.By doing so, you help us to be able to assert our own claims against the carrier or the transport insurance company.14 Final provisions

14.1 Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

14.2 Consumer law

For consumers, this choice of law shall only apply insofar as it does not deprive them of the rights conferred by mandatory provisions of the law of the country in which they have their habitual residence.

 

14.3 Contract language

 

The contract language is German.

 

14.4 Dispute resolution

Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/

Status: January 2024