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 (Mixcover GmbH) via the website www.mixcover.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions that may be used 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 can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "Shopping Cart". You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Continue to Order" (or a similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs" or similar designation), you make a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of the contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. Any services already provided will be refunded immediately in such case.
(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 the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly in automated form. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use further payment services; where special payment conditions apply for this, you will be informed of these separately. More information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
When selecting 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), payment processing is carried out by 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 will be displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, Stripe may use further payment services; where special payment conditions apply for this, you will be informed of these separately. More information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention 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.
§ 5 Warranty
(1) The statutory defect liability rights apply.
(2) Insofar as you have been informed by us before submitting your declaration of contract and this has been expressly and separately agreed, the limitation period for defect claims for used goods shall be one year from the delivery of the goods. The above limitation does not apply:
(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your declaration of contract and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal person under public law, or a special fund under public law. The same shall apply if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected hereby.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Mixcover GmbH
Neumann-Reichardt-Str. 27-33
22041 Hamburg
Germany
Phone: +494030925288
Email: shop@mixcover.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German. .
3.2. The complete contract text is not stored by us. Before submitting your order via the online shopping cart system the contract data can be printed out or saved electronically using the print function of your browser. After we have received your order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data within the scope 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 Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
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. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you additionally, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.
5.4. Costs incurred for the transfer of funds (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims under the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly labeled 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 shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory 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 created by the IT law specialists of the Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/en/services/legal-security/agb-service.
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 (Mixcover GmbH) via the website www.mixcover.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions that may be used 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 can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "Shopping Cart". You can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the button "Checkout" or "Continue to Order" (or a similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs" or similar designation), you make a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of the contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. Any services already provided will be refunded immediately in such case.
(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 the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly in automated form. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use further payment services; where special payment conditions apply for this, you will be informed of these separately. More information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
When selecting 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), payment processing is carried out by 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 will be displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, Stripe may use further payment services; where special payment conditions apply for this, you will be informed of these separately. More information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention 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.
§ 5 Warranty
(1) The statutory defect liability rights apply.
(2) Insofar as you have been informed by us before submitting your declaration of contract and this has been expressly and separately agreed, the limitation period for defect claims for used goods shall be one year from the delivery of the goods. The above limitation does not apply:
- to damages attributable to us caused by culpable injury to life, body, or health, and to other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are asked to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your declaration of contract and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal person under public law, or a special fund under public law. The same shall apply if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to also call upon the court at another statutory place of jurisdiction remains unaffected hereby.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Mixcover GmbH
Neumann-Reichardt-Str. 27-33
22041 Hamburg
Germany
Phone: +494030925288
Email: shop@mixcover.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German. .
3.2. The complete contract text is not stored by us. Before submitting your order via the online shopping cart system the contract data can be printed out or saved electronically using the print function of your browser. After we have received your order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data within the scope 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 Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
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. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you additionally, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.
5.4. Costs incurred for the transfer of funds (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims under the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly labeled 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 shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory 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 created by the IT law specialists of the Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/en/services/legal-security/agb-service.
Supplementary Conditions for Free Gifts
In addition to the above General Terms and Conditions, the following applies to free gifts ("Gifts") granted as part of a promotion when a specified minimum order value is reached:
- The claim to the free gift requires that the specified minimum order value for the order – after deduction of discounts and vouchers – is reached.
- If the minimum order value is subsequently undercut due to a withdrawal, return, or cancellation of individual items, the claim to the free gift expires.
- In this case, the free gift must be returned. Alternatively, the customer may keep the free gift; in that case, the regular sales price of the free gift will be offset against the refund amount. The choice between return and offset is at the customer's discretion.
- A maximum of one free gift is granted per order. The claim exists only while stocks last. An exchange or cash payout of the free gift is excluded.