Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Michail Seryschew) via the website www.m-iris.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions that you may use is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Formation of the contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” (or similar designation) button and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
Insofar as you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be guided to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If a forwarding to the respective instant payment system takes place, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the internet browser) or cancelling the order.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, in part in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically guaranteed and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You will provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email, at the latest without undue delay after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of the legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and accept no liability for errors in this respect.
§ 4 Special agreements on the offered payment methods
(1) Payment via “Shopify Payments”
If you select a payment method offered via “Shopify Payments”, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment is processed via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, Stripe may make use of further payment services; insofar as special payment conditions apply to these, you will be informed of these separately. You can find more information about Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to be agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law
(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the seller
Michail Seryschew
Johanna-Etienne-Str. 77
41468 Neuss
Germany
Phone: +4915737047821
Email: info@m-iris.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the formation of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Formation of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German .
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the information legally required for distance selling contracts and the General Terms and Conditions are sent to you again by email.
3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. No shipping costs are charged within Germany.
5.3. Any costs of money transfer incurred (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipping.
7. Statutory right of liability for defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 22.10.2024