Terms & Conditions
1. Scope
Mair Berlin, Naugarder Str. 37, 10409 Berlin, represented by its managing director Anja Mrakovic (“we/our/us”) provides an online shop and related services on the website https://www.mair-berlin.com/ (“Website”).
These terms (“Terms”) apply to all services provided by us on or through the Website and online shop on https://www.mair-berlin.com (“Mair Berlin”) to the person(s) visiting Mair Berlin and who have accepted the Terms (“you/your” or “Buyer”). You may access the current version of the Terms at any time on Mair https://www.mair-berlin.com/pages/terms-conditions and may print and/or save it.
These Terms shall apply exclusively. Differing or contrary terms and conditions of the Buyer do not apply, except if expressly agreed upon by us at least in text form pursuant to section 126b German Civil Code (BGB).
The Buyer is a consumer if he/she enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (“Consumer”). However, an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2. Purchase of Goods; Formation of the Contract
You may choose certain goods and items presented on Mair website and place them in your cart via clicking the button ‘Add to Cart’.
Only if you click the button ‘complete order’ you place a binding contract offer for the respective goods located in your cart (“Offer”). Before sending this Offer you may change the data at any time and they will be displayed accordingly. However, the Offer may only be made and transferred to us if you have accepted these Terms as well as our privacy policy https://www.mair-berlin.com/pages/data-privacy and these are each included in your respective Offer.
We then send you immediately an automated notification via e-mail whereas your respective order is again set out in this notification, which you may print out and/or safe. This notification only states that we have received your respective order and does not constitute an acceptance of the Offer. The contract is only formed via a separate e-mail from us (as acceptance confirmation). In this e-mail or an additional separate e-mail, latest with delivery of the goods, the contract texts (such as the order, these Terms and the confirmation) will be provided to the Buyer on a permanent medium (via e-mail). The contract text will be saved considering any applicable data protection regulations.
The contractual language is English.
3. Payment
We offer the possibility for cashless payment by way of the payment methods as indicated on Mair (credit card, PayPal), whereas all payment methods are free of extra charge and/or additional fees. We reserve the right to offer certain payment options to some Buyers and exclude other Buyers.
If you choose to pay by credit card or via PayPal, your credit card/PayPal account will be charged with the total payment amount as soon as the purchase process is completed.
4. Shipping
Shipping of the ordered goods is performed via DHL or Deutsche Post using insured and traceable shipping. The delivery of the goods will take place to the delivery address provided by you. If the Buyer is a consumer, the risk for delivery shall be borne by us.
The periods for delivery are calculated from our confirmation of the order and consist from processing time and shipping time, provided the Buyer has made the respective payment.
Orders are usually processed inside 1-3 business days unless stock is not on hand. Gold plated and engraved pieces are usually made to order and those may take anywhere between 3 and 10 working days to process before shipment.. Orders placed over the weekend or bank holidays will not be processed until the following Monday or business day.
5. Retention of Title
We retain title to the goods until receipt of all payments in full.
6. Prices and Shipping Costs
All prices quoted on Mair include the statutory value added tax (VAT) as applicable at the time.
The respective shipping costs are displayed to the Buyer in the order form and shall be borne by the Buyer unless the Buyer does withdraw from the contract.
In the event of a withdrawal by the Buyer, the Buyer shall bear the immediate costs for sending the respective goods back to us.
Shipping costs:
free delivery to Germany;
for deliveries to other European states EUR 5.95;
for deliveries to all other countries EUR 5.95;
For deliveries to countries other than Germany/EU, additional fees (tax, customs, import duties) may be levied by the local governing authorities. These further costs shall be borne by you. Failure to pay these costs will result in the package being returned to sender. All costs incurred by the vendor for the package’s return shipment will be deducted from the total amount refunded. Items will be shipped from Berlin, Germany with official documentation declaring the exact total of all merchandise purchased in EU euros, as well as the country of origin for each item.
7. Right of Withdrawal
Consumers who enter into off-premises contracts have a legal right to withdraw from the contract. We inform about this right as follows. In the event a purchase contract is entered into the following applies:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving a reason. The right of withdrawal applies to all items listed on the website except for engraved, customized or personalized items.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the last goods.
To exercise the right of withdrawal, you must inform us Anja Mrakovic, Mair Berlin, NaugarderStr 37, 10409 Berlin (e-mail: hello@mair-berlin.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us Anja Mrakovic, Mair Berlin, Naugarder Str. 37, 10409 Berlin, without undue delay and in any event no later than 14 days from the day in which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8. Third Party Services
You acknowledge that our services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party services or resources on the Internet (collectively, the “Third-Party Services”). When you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not us. We make no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
9. Warranties; Guarantee
We are liable for any defects of the goods pursuant to the applicable legal provisions and law(s). For entrepreneurs as natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession, the period for defects for goods delivered by us shall be 12 months.
We only give an additional guarantee for any delivered goods or items if expressly stated in the order confirmation of the respective good or item.
10. Liability
We shall not be liable hereunder by reason of any failure to timely perform our services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
We shall not be liable for any loss or damage suffered by the Buyer, which arises out of the exercise or the attempted or purported exercise of, or the failure to exercise any of, the respective rights or obligations under these Terms,
unless in cases of damages to life, body, or health, in cases of warranting for the condition of a product or service, in cases of damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) and in cases of fraudulent concealment of defects by us, our legal representatives, employees, assistants in performance and agents; or unless such loss or damage is caused by the infringement of a fundamental contractual duty by us, our legal representatives, employees, assistants in performance or agents, which is indispensible for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose.
The limitation and/or restriction of our liability shall also apply to the personal liability of our legal representatives, employees, assistants in performance and agents.
The provisions of the German product liability act (Produkthaftungsgesetz) shall remain unaffected.
11. Privacy Policy
We provide you with information on how data is collected and processed in our privacy policy https://mair-berlin.com/pages/data-privacy.
12. Changes of the Terms
We reserve the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): We will notify the Buyer on the respective amendments at least four weeks before the change comes into force via e-mail or in writing. The change is considered accepted by you if you do not state otherwise within six weeks after receipt of the change notification. We will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case you object, we are entitled to not accept future requests and purchases by the Buyer.
We are particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as you do not have a worse economic position due to the new or changed conditions than according to the original condition.
12. Miscellaneous
These Terms shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. For contracts with an objective which cannot be mainly assigned to the Buyer’s professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
If the Buyer is an entrepreneur, merchant, a body corporate organized under public law or a special fund under public law, place of performance and place of exclusive jurisdiction shall be Berlin, Germany, depending on the value in dispute AG Prenzlauer Berg or LG Berlin.
Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision shall be replaced by the respective legal regulation, where existent. If the regulation under this Section 15 (3) would present unreasonable hardness for one party the contract in whole shall be invalid.