Scope, Customer Information

 

The following general terms and conditions govern the contractual relationship between MISIK Korean Fine Foods, owner Jungmi Ha, (hereinafter referred to as "MISIK") and consumers and entrepreneurs who purchase goods through our online shop. Contrary or differing terms and conditions are not recognized by us. The language of the contract is German.

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

2. Entrepreneur An entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

3. Conclusion of Contract 3.1 The offers on the internet are a non-binding invitation for you to purchase goods. 3.2 After entering your data and clicking the order button, you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone. The prompt confirmation of receipt of your order by email does not yet constitute acceptance of the purchase offer. 3.3 We are entitled to accept your offer within two days by sending an order confirmation by email. If the deadline mentioned in sentence 1 elapses without result, your offer is considered rejected, meaning you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded when we immediately accept your offer. If the offer is not accepted immediately, you are also no longer bound by it. 3.4 If our order confirmation contains typographical and/or printing errors or if our pricing is based on technically caused transmission errors, we are entitled to contest it, provided we can prove our mistake. Any payments already made will be refunded immediately.

4. Right of Withdrawal 4.1 Right of Withdrawal Information 4.1.1 Food - Perishable Goods A right of withdrawal is excluded according to § 312g para. 2 No. 2 BGB, as the perishable goods delivered by the seller are perishable foodstuffs (see § 2 para. 1 No. 2 LMHV).

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

End of Withdrawal Information

1. Retention of Title The purchased item remains our property until full payment has been made.

2. Storage of Contract Text We store the contract text and send you the order data and our terms and conditions by email to the specified email address when ordering online or by telephone. You can view the terms and conditions in their current version at www.misik-shop.de at any time.

3. Prices and Shipping 7.1 Price Indications All prices stated on the product pages are final prices and include statutory value-added tax.

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. Shipping of vouchers is free of charge.

7.4 Delivery Area We currently only deliver within Germany.

7.5 Delivery Time Delivery takes place within 2-3 working days after order confirmation from us.

1. Delivery Conditions 8.1 Partial Deliveries If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.

8.2 Delivery Not Possible If delivery of the goods fails despite three attempts, we can withdraw from the contract. Any payments already made will be refunded immediately.

8.3 Reservation of Self-Delivery If the ordered product is not available because we are not supplied with this product by our supplier without our own fault, 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 refund any payments already made. The burden of proof for a lack of delivery by our supplier lies with us.

1. Transfer of Risk for Shipment to Entrepreneurs If the goods are sent at the request of an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the entrepreneur (customer) upon dispatch to the customer, at the latest upon leaving the warehouse. This applies regardless of whether the shipment of the goods takes place from the place of performance or who bears the freight costs.

2. Payment Terms 10.1 Payment Methods Payment is made through the payment processing of the payment methods offered by MISIK. The currently available payment methods will be displayed to you during the ordering process. In any case, the available payment methods will be shown for selection before each order.

10.2 Exclusion of Individual Payment Methods We reserve the right to exclude individual payment methods. The available payment methods will then be available as an option in the ordering process. Please also refer to the information in our privacy policy under "Privacy".

10.3 Payment Deadline for Advance Payment The invoice amount must be transferred to our account within 10 days (from the invoice date). You will receive the account details separately by email from us. In the event of default of payment, interest on the purchase price is payable during the period of default at the statutory default interest rate. MISIK reserves the right to prove and assert higher damages due to default.

10.4 Offsetting and Right of Retention You are only entitled to set-off if your counterclaims have been legally established, are undisputed, or have been acknowledged in writing by us. You can only exercise a right of retention if your claims result from the same contractual relationship.

1. Warranty for Consumers The warranty is provided in accordance with legal regulations.

2. Warranty for Entrepreneurs Warranty claims for defects in the purchased item shall expire one year after the transfer of risk. Excluded from this regulation are claims for damages, claims for defects that MISIK has fraudulently concealed, and claims from a guarantee that MISIK has assumed for the quality of the item. The right of recourse pursuant to § 478 BGB is also excluded. For these excluded claims, the statutory limitation periods apply.

3. Transport Damage If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately and contact us as soon as possible. Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. You thereby help us to assert our own claims against the carrier or transport insurance company.

4. Final Provisions 14.1 Applicable Law German law applies, excluding the UN Sales Convention.

14.2 Consumer Rights For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

14.3 Contract Language The contract language is German.

14.4 Dispute Resolution Online dispute resolution according 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/.

 

As of: January 2024