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General
Terms & Conditions

1. Conclusion of Contract

These Terms and Conditions govern the contractual relationship between MISIK Korean Delicacies, Owner: Jungmi Ha (hereinafter "MISIK"), and consumers or business customers who purchase goods through our online store. Any terms or conditions that deviate from or conflict with these Terms are not recognized. The contractual language is German.

1.1 Consumers A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.2 Business Customers A business customer is any natural or legal person or a legally responsible partnership acting in the course of their business or self-employed professional activity when entering into a legal transaction.

2. Conclusion of Contract​

2.1 The product listings on our website are non-binding offers to purchase.

2.2 By entering your personal data and clicking the order button, you submit a binding offer to enter into a purchase agreement. A binding offer may also be made by telephone. An automatic email confirming receipt of your order does not constitute acceptance.

2.3 We may accept your offer within two days by sending an order confirmation by email. If we do not accept your offer within this period, it is deemed rejected. For telephone orders, the contract is concluded only if we confirm acceptance immediately.

2.4 If the order confirmation contains typographical or calculation errors, or if pricing errors occur due to technical issues, we reserve the right to cancel the contract. In such cases, any payment made will be refunded immediately.

3. Right of Withdrawal

3.1 Perishable Goods

There is no right of withdrawal for perishable food products requiring refrigeration, in accordance with Section 312g(2)(2) of the German Civil Code (BGB) and Section 2(1)(2) of the Food Hygiene Regulation (LMHV).

3.2 Gift Cards

You have the right to withdraw from the purchase of vouchers within 14 days without stating any reason. The withdrawal period begins on the day you or a third party (other than the carrier) receives the goods.

To exercise your right of withdrawal, you must inform us (MISIK, owner Jungmi Ha, Vogelsangstraße 18, D-70176 Stuttgart, email: info@misik-restaurant.de, phone: +49 711 451 404 47) of your decision to withdraw from the contract by means of a clear declaration (e.g., by mail or email). It is sufficient if you send the notice before the 14-day period expires.

4. Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery charges (except additional costs from choosing a more expensive delivery option), within 14 days from the day we received notice of your withdrawal. We will use the same payment method that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged any fees for this refund.

We may withhold the refund until we have received the goods back or you have provided proof of return shipment—whichever is earlier.

You must return the goods without delay and in any case no later than 14 days after notifying us of your withdrawal. The deadline is met if you send the goods before the period expires. You bear the direct cost of returning the goods.

You are only liable for any loss in value of the goods if it is due to handling not necessary for testing the quality, characteristics, and functioning of the goods.​

5. Retention of Title

The goods remain our property until fully paid for.​

6. Storage of Contract Text

We store the contract text and send you the order data and our General Terms and Conditions (GTC) by email with both online and phone orders. The GTC can also be viewed at any time at www.misik-shop.de.

7. Prices and Shipping

7.1 Price Labeling

All prices listed on product pages are final prices and include VAT.

7.2 Shipping Carriers

We ship with DHL Deutsche Post or a carrier of our choice.

7.3 Shipping Costs

Shipping costs for food are a flat rate of €4.90.
Shipping of vouchers is free of charge.

7.4 Delivery Area

We currently only deliver within Germany.

7.5 Delivery Time

Delivery is made within 2–3 working days after order confirmation.

8. Delivery Conditions

8.1 Partial Deliveries

If not all ordered products are available, we may make partial deliveries at our own cost, provided this is reasonable for you.

8.2 Failed Deliveries

If delivery fails after three attempts, we may withdraw from the contract. Any payments made will be refunded immediately.

8.3 Supplier Disclaimer

If a product is unavailable because our supplier has not delivered it through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and possibly suggest a comparable product. If no alternative is available or you do not wish for one, we will promptly refund any payments made. We must prove the lack of delivery by our supplier.

9. Transfer of Risk for Business Customers

If goods are shipped at the business customer’s request, the risk of accidental loss or deterioration passes to the customer upon dispatch, or at the latest when the goods leave our warehouse—regardless of the shipping location or who bears the freight costs.

10. Payment Terms

10.1 Payment Methods

Payment is processed through the payment methods offered by MISIK. The available methods will be displayed during checkout.

10.2 Exclusion of Payment Methods

We reserve the right to exclude certain payment methods. The available options are shown during the order process. Please refer to our privacy policy under “Data Protection.”

10.3 Advance Payment Terms

Invoices must be paid within 10 days (from the invoice date). Bank details will be sent by email. If payment is delayed, interest of 5% above the base rate may be charged. MISIK reserves the right to claim higher damages for default.

10.4 Offsetting and Retention

You may only offset claims that are legally established, undisputed, or acknowledged by us in writing. You may only exercise a right of retention if it relates to claims from the same contract.

11. Warranty for Consumers

Warranty rights are governed by statutory law.

12. Warranty for Business Customers

Warranty claims for defects expire one year from the transfer of risk. Excluded from this rule are claims for damages, fraudulent concealment of defects, or guarantees MISIK may have provided. Also excluded is the right of recourse under § 478 BGB. Legal limitation periods apply to these exceptions.

13. Transport Damage

If goods are delivered with obvious transport damage, please report this immediately to the carrier and contact us as soon as possible. Failure to complain has no effect on your legal warranty rights but helps us assert claims with the carrier or insurance.

14. Final Provisions

14.1 Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

14.2 Consumer Protection

This choice of law applies to consumers only to the extent that it does not deprive them of mandatory protections granted by the law of the country in which they usually reside.

14.3 Contract Language

The contract language is German.

14.4 Dispute Resolution

Online dispute resolution pursuant to Art. 14(1) ODR Regulation: The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.

Effective Date: January 2024

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