TERMS AND CONDITIONS
1. Scope; Contract Language; Who May Buy
1.1 These Terms govern all purchase contracts concluded via our online shop for the delivery of goods (including gift and promotional vouchers). Any differing terms of the customer (“you”) are not accepted unless expressly agreed in writing.
1.2 Consumers are natural persons acting predominantly outside trade or profession; entrepreneurs are natural or legal persons or partnerships acting in the course of business.
1.3 We sell to customers in Germany and, where offered at checkout, other destinations as shown in the shop. Any delivery restrictions are disclosed before you place the order.
1.4 Contract language is English. Any German and Italian translation is for convenience only; the English version prevails in case of conflict.
2. Pre-Contract Information & Checkout (“Button-Lösung”)
2.1 Before submitting your order, we display the essential characteristics of the product, total price including VAT, shipping and any additional charges, delivery times, accepted payment methods, warranty information, and any delivery restrictions.
2.2 The final order button is labelled in a manner that clearly indicates a payment obligation (e.g., “Zahlungspflichtig bestellen” / “Order with obligation to pay”). Information required by law appears immediately above the button on the final review page.
2.3 After contract conclusion we send an order confirmation on a durable medium (e.g., email PDF) containing the contract content and statutory information unless already provided on a durable medium.
2.4 We inform you whether we store the contract text and whether/how you can access it (e.g., via your account). We also inform you of the technical steps to conclude the contract and how to identify/correct input errors prior to ordering.
3. Offer and Acceptance
3.1 Product pages are not binding offers; they invite you to submit an offer.
3.2 By completing checkout and clicking the final button, you submit a binding offer for the items in your cart.
3.3 We accept within 5 days by (i) written/text order confirmation, (ii) dispatching goods, or (iii) requesting payment immediately after order (e.g., certain PayPal methods). If not accepted in time, your offer lapses. For PayPal methods selected in checkout, acceptance may occur when you click the final button. (The details follow the standard German distance-selling rules.)
4. Prices, VAT, and Pricing Transparency
4.1 All shop prices are final prices including VAT (where applicable). Shipping costs and any additional charges are shown separately near the price and again before order submission.
4.2 If we personalize prices for you based on automated decision-making (e.g., dynamic pricing), we will clearly inform you before contract conclusion.
4.3 For deliveries outside the EU, you may incur bank fees, customs or import taxes not charged by us.
5. Payment Methods; Third-Party Payment Services
5.1 Available payment methods (e.g., card, PayPal, Shopify Payments/Stripe, bank transfer) are displayed in the shop.
5.2 If you choose a method processed by PayPal or Shopify Payments/Stripe, their terms may apply in addition; they may use third-party payment processors or perform a credit check for invoice/instalment methods. For such methods, payment with debt-discharging effect must be made to the named provider. We remain your point of contact for product, delivery, returns and statutory withdrawal/warranty matters.
6. Delivery, Shipping, Risk
6.1 We deliver within the delivery area indicated in the shop to the shipping address entered at checkout.
6.2 If a delivery fails for reasons attributable to you (e.g., unclaimed parcel, wrong address), you must reimburse reasonable additional costs. This does not affect your statutory withdrawal rights and the rule on outbound shipping cost refund on withdrawal (see section 11).
6.3 Risk transfer: For consumers, risk passes on handover to you or an authorized recipient. If you commission the carrier and we did not name that carrier, risk passes when we hand the goods to that carrier.
6.4 Self-collection is generally not offered unless expressly stated in the checkout.
7. Products; Handmade Nature; Customization Approval
7.1 Our urns are handcrafted (wood/ceramic and similar natural materials). Each piece is unique; minor variations in grain, color, surface texture, minimal imperfections, dimensions and cameo modelling/engraving are typical and not defects.
7.2 Custom cameo bas-relief / engravings. Where offered, we work from customer-provided photos/text. We will (where stated on the product page) send you a proof (digital mock-up or photos) for approval; once approved, the design is locked and later change requests may not be possible or may incur costs.
7.3 Materials & cemetery suitability. Cemetery by-laws in Germany vary by Land and cemetery operator; biodegradable urns are typically required for woodland/earth burials. Recent law changes in Rhineland-Palatinatenow allow keeping urns at home and other options under conditions, but most Länder still follow stricter “Friedhofszwang” practices. You are responsible for confirming local requirements with your cemetery/funeral provider before ordering.
8. Right of Withdrawal (Consumers)
8.1 Consumers have a 14-day statutory right of withdrawal for distance contracts. We provide a model withdrawal form.
8.2 Important – Exclusion for custom goods: The withdrawal right does not apply to goods not prefabricated and clearly personalized or made to your specifications (e.g., custom-painted/engraved urns, cameo portraits). This exclusion applies even if production has not yet begun once you submitted a binding order.
8.3 If you withdraw from a contract for non-custom goods, we refund all payments including the cost of standardoutbound delivery; you bear the direct cost of return if this was clearly stated before contract (we display an estimate in the withdrawal notice for courier returns).
9. Legal Warranty (Statutory Liability for Defects)
9.1 Your purchase is covered by the statutory warranty. For consumers, claims for defects generally expire after 2 years from delivery (special periods for buildings/building materials), and for defects that appear within 12 months, it is presumed they existed at delivery unless incompatible with the item or defect. These rights cannot be excluded vis-à-vis consumers.
9.2 For entrepreneurs, we may choose the type of cure; limitation for new goods may be shortened to 1 year by agreement; used-goods warranty may be excluded—subject to mandatory consumer protections. Merchants must comply with § 377 HGB (inspection/notice of defects). (Summary based on standard German sales law practice.)
9.3 This clause does not limit your rights to damages under § 8 below or mandatory product-liability law.
10. Liability
10.1 We are liable without limitation for intent and gross negligence; for injury to life, body or health; under any assumed guarantee; and under Product Liability law.
10.2 For simple negligence breaching an essential contractual duty, liability is limited to the foreseeable, typicaldamage.
10.3 Otherwise, liability is excluded. These limits also apply to our legal representatives and vicarious agents. (Standard German law formulation.)
11. Returns & Refunds on Withdrawal (Consumers)
11.1 If withdrawal applies (see 8), we refund payments including standard outbound shipping.
11.2 You must handle goods only as necessary to establish their nature, characteristics and functioning. Any loss in value due to unnecessary handling may be deducted from the refund.
11.3 You bear the direct return shipping costs if we clearly told you so before contract (we do).
12. Gift & Promotional Vouchers
12.1 Promotional vouchers (free, time-limited) are redeemable only in our shop, within the stated period, once per order; no cash payout; no interest; residual amounts not refunded; specific products may be excluded. Transferable unless we knew or should have known of lack of authority.
12.2 Gift vouchers (purchased) are redeemable in our shop; valid until the end of the third calendar year after purchase; not redeemable for more vouchers; no cash payout; remaining balance retained until expiry; one per order.
13. Retention of Title
We retain title to the goods until full payment of the purchase price is received.
14. Packaging Act (VerpackG) Notice
We are registered with the ZSVR LUCID Packaging Register no.: DE1768039792083 and participate in a dual system for sales packaging placed on the German market, as required by law (no threshold; also applies to foreign online sellers shipping to Germany).
15. Prices, Advertising of Reductions, Unit Pricing
We comply with the Preisangabenverordnung (PAngV), including clear total price indication (incl. VAT), unit prices where required, and rules for price-reduction advertising.
16. Cookies, Consent & Privacy (Summary)
16.1 Non-essential cookies/trackers are used only with opt-in consent under Germany’s TDDDG (formerly TTDSG) and the GDPR.
16.2 Germany’s Consent Management Ordinance (EinwV) under the TDDDG entered into force 1 April 2025, establishing a framework for recognized consent-management services. We may use such services where appropriate; your choices can be adjusted at any time. See our Privacy Policy for details.
17. Alternative Dispute Resolution (VSBG) & ODR
17.1 We are [not willing / not obliged] to participate in dispute resolution before a consumer arbitration board under § 36 VSBG; we will decide case-by-case upon request.
17.2 Important: The EU Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025. Any former obligation to link to it no longer applies; existing links should be removed.
18. Intellectual Property; Customer Content & Usage Rights
18.1 Our IP. All designs, product models, cameo artworks, texts, photos and graphics are protected by copyright and/or design/trademark law. Any use beyond statutory exceptions requires our prior written consent.
18.2 Your uploads. You warrant you have the necessary rights (e.g., copyright/personality/portrait rights) to all materials you supply for customization and you grant us the rights necessary to fulfill your order. You indemnify us against third-party claims arising from your supplied content (except where not at your fault).
18.3 Marketing consent (optional). With your explicit consent, you may license us to show photos of your finished, anonymized custom urn on our site/social channels; you may withdraw consent at any time with future effect.
19. Product Use; Compliance with Local Rules (Urns)
19.1 Our urns are decorative keepsakes or burial containers depending on cemetery rules. Local regulations(Land/cemetery by-laws) may require biodegradable urns for woodland/earth burials and impose other restrictions (e.g., no plastics; no non-degradable finishes). Always confirm suitability with your cemetery/funeral provider.
19.2 Rhineland-Palatinate has introduced more flexible options (including at-home custody) subject to statutory conditions; other Länder may not allow this. We do not provide legal advice; please check with your local authorities.
20. Set-off; Retention
You may set off only against undisputed or finally adjudicated claims. Consumers’ statutory rights to refuse performance remain unaffected.
21. Force Majeure
We are not liable for delays or non-performance due to events beyond our reasonable control (e.g., strikes, epidemics, natural disasters, governmental actions, transport disruptions). Your statutory rights (including withdrawal in case of non-delivery) remain unaffected.
22. Governing Law; Venue
22.1 This contract is governed by German law, excluding the UN CISG. If you are a consumer with habitual residence in the EU/EEA, mandatory protections of your home country remain unaffected (Art. 6 Rome I).
22.2 If you are a merchant/public-law entity, exclusive venue is our place of business; we may also sue at your general venue. Consumers’ statutory venues remain unaffected.
23. Customer Service & Complaints
Questions, feedback or complaints Email mikimodesignstudio1@gmail.com or write to Mikimo- Bahnhofstrasse20, 82467 Garmisch-Partenkirchen. We aim to respond within 2 business days.