B2B Terms and Conditions

Notice / Disclaimer: Only the German version of these terms is legally binding. The English version is merely an informational translation. In case of any discrepancies, the German version shall prevail. — The German version of these terms is the sole legally binding version. The English translation is provided for informational purposes only.

01 Scope of Application

§ 1.1

These General Terms and Conditions of Sale (hereinafter "GTC") apply to all current and future sales and licensing transactions of Mixcover GmbH, registered in the Commercial Register of the Local Court of Hamburg under HRB 173050 (hereinafter "we").

§ 1.2

These GTC apply exclusively. By placing an order, and at the latest upon acceptance of delivery of the ordered products, the customer acknowledges the sole applicability of these GTC. Conflicting, deviating or supplementary terms and conditions of the customer shall not become part of the contract, even if we do not expressly object to them.

§ 1.3

These GTC shall also apply to all future contracts between us and the customer.

§ 1.4

These GTC apply exclusively to entrepreneurs, i.e. persons acting in the exercise of their commercial or independent professional activity, as well as legal entities under public law or special funds under public law.

02 Conclusion of Contract

§ 2.1

Our offers are non-binding. They shall be understood merely as an invitation to submit an offer. A contract is only concluded when the customer commissions us within any deadline we may have set, quoting the offer number by message to sales@mixcover.de, and we confirm the commission within two weeks of its receipt.

§ 2.2

Order confirmations from us that deviate from the customer's order shall be deemed accepted unless the customer objects within five working days of receipt of the order confirmation.

§ 2.3

Any intended use of the products communicated to us by the customer does not form the basis of the contract. The assessment of the suitability of the products for the customer's intended use is solely the customer's responsibility.

§ 2.4

The contract is solely directed at the delivery and transfer of ownership of our products. If we grant the customer permission to use our product images or other copyright-protected works, this constitutes a voluntary additional service to which the customer has no entitlement. We are entitled to revoke such permission at any time with immediate effect.

03 Prices, Payment, Default

§ 3.1

Our prices are, where applicable, exclusive of statutory value added tax. Unless otherwise agreed, the agreed price applies EXW (Ex Works) Hamburg within the meaning of INCOTERMS 2020.

§ 3.2

The customer's obligation to bear costs also covers all customs duties, taxes, levies and costs of customs formalities payable in connection with deliveries outside the EU.

§ 3.3

If handover or shipment is delayed for reasons attributable to the customer, the risk shall pass to the customer on the date on which readiness for dispatch is notified.

§ 3.4

We are entitled to make acceptance of orders conditional upon advance payment or an appropriate deposit.

§ 3.5

Our invoices are to be settled within 14 calendar days of invoicing without deduction. Payments shall be made exclusively in euros by bank transfer. Any bank charges incurred shall be borne by the customer.

§ 3.6

For deliveries outside the EU, the customer must provide the relevant export endorsement within 7 calendar days; otherwise we are entitled to invoice VAT subsequently. For intra-EU deliveries, the customer must provide a confirmation of receipt in accordance with Section 17b(2) No. 2 UStDV.

§ 3.7

In the event of the customer's default in payment, the statutory provisions shall apply.

04 Delivery Periods, Partial Deliveries

§ 4.1

Delivery periods are only binding if expressly designated as such by us.

§ 4.2

We are entitled to make partial deliveries, provided this is reasonable for the customer.

§ 4.3

Force majeure or other unforeseeable circumstances beyond our control entitle us to extend the delivery period by a reasonable amount. We will notify the customer without delay.

§ 4.4

In the event of a delivery delay attributable to us, liability is limited to a maximum of 5% of the invoice value of the products delivered late.

05 Transfer of Risk

§ 5.1

The risk of accidental loss and deterioration of the products passes to the customer upon handover, or — where products are to be shipped — upon handover to the carrier, freight forwarder or other person designated to carry out the shipment.

§ 5.2

The same applies if the customer is in default of acceptance.

06 Retention of Title

§ 6.1

We retain title to the products until all claims arising from the business relationship with the customer have been paid in full (hereinafter "reserved goods").

§ 6.2

The customer is entitled to resell or process the reserved goods in the ordinary course of business, but hereby assigns to us all claims arising from the resale. We reserve the right to collect such claims ourselves if the customer fails to meet its payment obligations.

§ 6.3

If the value of the security exceeds our claims by more than 20%, we are obliged to release the corresponding security upon the customer's request.

07 Warranty and Liability

§ 7.1

Our products comply with the statutory provisions applicable in Germany at the time of delivery. We do not provide any warranty of quality beyond this unless expressly agreed in writing.

§ 7.2

Public statements, representations or advertising do not constitute a warranty of quality for our products.

§ 7.3

Following the transfer of risk, the customer is obliged to inspect the products immediately for defects, incorrect deliveries and quantity discrepancies, and to notify us in writing without delay. If the customer fails to give notice, the products shall be deemed approved and no warranty claims shall exist.

§ 7.4

In the event of defects notified in due time, we shall provide subsequent performance at our discretion by remedying the defect or making a replacement delivery.

§ 7.5

If subsequent performance fails or we refuse it, the customer may withdraw from the contract, reduce the purchase price and/or claim damages.

§ 7.6

We shall be liable for damages only in cases of intent, gross negligence or slight negligence in the breach of cardinal obligations. Liability for slight negligence in the breach of cardinal obligations is limited to the typical, foreseeable damage. These limitations also apply to our vicarious agents and the personal liability of our shareholders and officers.

§ 7.7

The limitations in § 7.6 do not apply in cases of injury to life, body or health, claims under the Product Liability Act, or the absence of a warranted quality.

§ 7.8

Warranty claims shall become statute-barred after one year from the transfer of risk, without prejudice to Sections 445b and 478 BGB.

§ 7.9

For claims relating to injury to life, body or health, gross negligence, intent, fraudulently concealed defects or breach of guarantees, the statutory limitation periods apply.

08 Legal Defects and Third-Party Intellectual Property Rights

§ 8.1

Our products comply with the laws applicable in Germany. We do not warrant compliance with the laws of countries other than Germany.

§ 8.2

We are not aware of any legally established third-party claims that would prevent the intended use of our products.

§ 8.3

If the customer infringes valid third-party intellectual property rights through the intended use of the products, we shall at our own expense procure the right to continued use or modify the products to eliminate the infringement. If this is not possible, both parties are entitled to withdraw from the contract.

§ 8.4

The customer is obliged to notify us without delay if third-party intellectual property claims are made against it in connection with the use of the products.

§ 8.5

In the event of such a third-party claim, we will support the customer to the best of our ability, provided the customer makes no statements to our detriment.

09 Miscellaneous

§ 9.1

The customer is entitled to set off or withhold payment only to the extent that its counterclaims have been established by final judgment, are undisputed, or arise from the same contract.

§ 9.2

The assignment of the customer's claims against us is only effective with our written consent. This does not apply to monetary claims.

§ 9.3

No oral collateral agreements have been made. Any such agreements require written confirmation by us to be effective.

§ 9.4

Amendments and supplements to these GTC require written form. This also applies to any amendment of the written form requirement itself.

§ 9.5

For the purposes of the written form requirement, transmission by fax or email shall suffice.

§ 9.6

Should any provision of these GTC be or become void or unenforceable, the validity of the remaining provisions shall not be affected.

10 Governing Law, Jurisdiction, Dispute Resolution

§ 10.1

This contract is governed by the substantive law of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

§ 10.2

If the customer is a merchant, a legal entity under public law or a special fund under public law, Hamburg shall be the exclusive place of jurisdiction. We are also entitled to bring an action at the customer's place of business.

§ 10.3

The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr/.

§ 10.4

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Version: September 2021 © Mixcover GmbH · Hamburg
Disclaimer: This English version is provided for informational purposes only. The German version is the sole legally binding version. In the event of any discrepancies or deviations between the two language versions, the German version shall prevail.

01 Scope of Application

§ 1.1

These General Terms and Conditions of Sale (hereinafter "GTC") apply to all current and future sales and licensing transactions of Mixcover GmbH, registered in the Commercial Register of the Local Court of Hamburg under HRB 173050 (hereinafter "we" or "us").

§ 1.2

These GTC apply exclusively. By placing an order, and at the latest upon acceptance of delivery, the customer acknowledges the sole applicability of these GTC. Conflicting, deviating or supplementary terms and conditions of the customer shall not become part of the contract, even if we do not expressly object to them.

§ 1.3

These GTC shall also apply to all future contracts between us and the customer.

§ 1.4

These GTC apply exclusively to entrepreneurs, i.e. persons acting in the exercise of their commercial or independent professional activity, as well as legal entities under public law or special funds under public law.

02 Conclusion of Contract

§ 2.1

Our offers are non-binding and shall be understood merely as an invitation to submit an offer. A contract is only concluded when the customer commissions us within any deadline we may have set, quoting the offer number by message to sales@mixcover.de, and we confirm the commission within two weeks of its receipt. We reserve the right to decline a commission within the stated period.

§ 2.2

Order confirmations from us that deviate from the customer's order shall be deemed accepted unless the customer objects within five working days of receipt, provided that we have drawn the customer's attention to the significance of their silence in an appropriate manner.

§ 2.3

Any intended use of the products communicated to us by the customer does not form the basis of the contract. The assessment of the suitability of the products for the customer's intended use is solely the customer's responsibility.

§ 2.4

The contract is solely directed at the delivery and transfer of ownership of our products. If we grant the customer permission to use our product images or other copyright-protected works, this constitutes a voluntary additional service to which the customer has no entitlement. We are entitled to revoke such permission at any time with immediate effect.

03 Prices, Payment, Default

§ 3.1

Our prices are, where applicable, exclusive of statutory value added tax. Unless otherwise agreed, the agreed price applies EXW (Ex Works) Hamburg within the meaning of INCOTERMS 2020, meaning any shipment requested by the customer shall be at the customer's expense.

§ 3.2

The customer's obligation to bear costs also covers all customs duties, taxes, levies and costs of customs formalities payable in connection with deliveries outside the EU.

§ 3.3

If handover or shipment is delayed for reasons attributable to the customer, the risk shall pass to the customer on the date on which readiness for dispatch is notified.

§ 3.4

We are entitled to make acceptance of orders conditional upon advance payment or an appropriate deposit.

§ 3.5

Our invoices are to be settled within 14 calendar days of invoicing without deduction. Payments shall be made exclusively in euros by bank transfer. Any bank charges incurred shall be borne by the customer.

§ 3.6

For deliveries outside the EU, the customer must provide the relevant export endorsement within 7 calendar days; otherwise we are entitled to invoice VAT subsequently. For intra-EU deliveries, the customer must provide a confirmation of receipt in accordance with Section 17b(2) No. 2 UStDV.

§ 3.7

In the event of the customer's default in payment, the statutory provisions shall apply.

04 Delivery Periods, Partial Deliveries

§ 4.1

Delivery periods are only binding if expressly designated as such by us.

§ 4.2

We are entitled to make partial deliveries, provided this is reasonable for the customer.

§ 4.3

Force majeure or other unforeseeable, extraordinary circumstances beyond our control entitle us to extend the delivery period by a reasonable amount. We will notify the customer without delay.

§ 4.4

In the event of a delivery delay attributable to us, liability for damages is limited to a maximum of 5% of the invoice value of the products delivered late. Further claims are excluded to the extent permitted by law.

05 Transfer of Risk

§ 5.1

The risk of accidental loss and deterioration of the products passes to the customer upon handover, or — where products are to be shipped — upon handover to the carrier, freight forwarder or other person designated to carry out the shipment.

§ 5.2

The same applies if the customer is in default of acceptance.

06 Retention of Title

§ 6.1

We retain title to the products until all claims arising from the business relationship with the customer have been paid in full (hereinafter "reserved goods").

§ 6.2

The customer is entitled to resell or process the reserved goods in the ordinary course of business, but hereby assigns to us all claims arising from the resale. We reserve the right to collect such claims ourselves if the customer fails to meet its payment obligations.

§ 6.3

If the value of the security exceeds our claims by more than 20%, we are obliged to release the corresponding security upon the customer's request.

07 Warranty and Liability

§ 7.1

Our products comply with the statutory provisions applicable in Germany at the time of delivery. We do not provide any warranty of quality beyond this unless expressly agreed in writing.

§ 7.2

Public statements, representations or advertising do not constitute a warranty of quality for our products.

§ 7.3

Following the transfer of risk, the customer is obliged to inspect the products immediately for defects, incorrect deliveries and quantity discrepancies, and to notify us in writing without delay. If the customer fails to give notice, the products shall be deemed approved and no warranty claims shall exist.

§ 7.4

In the event of defects notified in due time, we shall provide subsequent performance at our discretion by remedying the defect or making a replacement delivery.

§ 7.5

If subsequent performance fails or we refuse it, the customer may withdraw from the contract, reduce the purchase price and/or claim damages.

§ 7.6

We shall be liable for damages only in cases of intent, gross negligence or slight negligence in the breach of cardinal obligations. Liability for slight negligence in the breach of cardinal obligations is limited to the typical, foreseeable damage. These limitations also apply to our vicarious agents and the personal liability of our shareholders and officers.

§ 7.7

The limitations in § 7.6 do not apply in cases of injury to life, body or health, claims under the Product Liability Act, or the absence of a warranted quality.

§ 7.8

Warranty claims shall become statute-barred after one year from the transfer of risk, without prejudice to Sections 445b and 478 BGB.

§ 7.9

For claims relating to injury to life, body or health, gross negligence, intent, fraudulently concealed defects or breach of guarantees, the statutory limitation periods apply.

08 Legal Defects and Third-Party Intellectual Property Rights

§ 8.1

Our products comply with the laws applicable in Germany. We do not warrant compliance with the laws of countries other than Germany.

§ 8.2

We are not aware of any legally established third-party claims that would prevent the intended and contractual use of our products.

§ 8.3

If the customer infringes valid third-party intellectual property rights through the intended and contractual use of the products, we shall at our own expense procure

May we introduce?

Take a food-mad young team of cooking enthusiasts, engineers and
product developers. And the result is an incredibly fresh mix of tasty ideas that make kitchen life even more delicious, practical and sustainable.

A young team of specialists is working in Hamburg with the founders Timo and Philip . Idea, product development, packaging and much more - in our development studio we create everything ourselves with passion! Sustainability and the smallest possible carbon footprint are a huge driving force.

Everything under one roof:
Engineering, test workshop, photo studio, test kitchen,
Sales, graphics & social media and much more in the middle of Hamburg

Who are we?

We at Mixcover GmbH are an innovative, creative and passionate team based in Hamburg .

We are committed to offering the best additional products for the Thermomix and Monsieur Cuisine that combine design with affordability.

Our story began 4 years ago when two friends , Timo and Philip, had the brilliant idea to create something special on the market. With their passion for cooking, they began to implement a product idea that has established itself as a must-have for the Thermomix on the largest marketplace.

With hard work and great commitment, they started with a small shop that quickly became the go-to place for everything related to kitchen appliances - which makes us as a team proud innovators of what we do!

What does Mixcover stand for?

The Mixcover GmbH team consists of engineers, graphic designers, product developers, e-commerce specialists, accountants and videographers who strive every day to offer you only quality products at affordable prices .

We pride ourselves on designing the items ourselves so we can guarantee excellent craftsmanship ; this attention to detail ensures you only receive top-notch goods, whatever your budget or lifestyle!

We also attach great importance to sustainability ; protecting the environment is an integral part of our work here at Mixcover.

All these efforts have been noticed by customers across Europe, resulting in them giving us excellent feedback about our service on online platforms such as Amazon, Otto and Co., and many companies have copied our designs due to the success!

In short, customer satisfaction is our top priority, which is why we listen carefully to the comments and suggestions we receive via social media or email.

This helps us to constantly develop new ideas while maintaining high quality standards , even if it takes additional time.

So keep sending us your suggestions as they help us make sure everyone is happy with their purchase :).

It never gets boring!

But the most important thing is that it never gets boring here at Mixcover because everything moves so fast; whether it's developing new products, finding new partners in different countries, creating inspiring content like video clips (also seen on Youtube and Instagram)!

The list goes on... we believe that taking risks makes life exciting and interesting.

That’s why, after four years of working together, Timo and Philip still feel just as motivated as they did before.

And yes...we are super proud to say "Hey - that was US as a team!"