§ 1. General

Your contractual partner for all orders within the scope of this online offer is Migas Advertising, owner Dirk Migas, Straße der Freiheit 110, 06886 Lutherstadt Wittenberg, hereinafter referred to as “Migas Shop”.

The deliveries from Migas Shop to the customer are made on the basis of the following general terms and conditions of business and delivery. These form the basis of all offers and agreements between Migas Shop and the customer and are considered recognized for the duration of the entire business relationship. Conflicting or deviating conditions of the buyer are only binding if Migas Shop has acknowledged them in writing.

§ 2 Conclusion of contract

(1) The “offers” contained on our websites represent a non-binding invitation to the customer to order from Migas-Shop.

(2) The customer can place a selected or designed product in the virtual shopping cart without obligation. The contents of the shopping cart can be viewed at any time by clicking the “Shopping cart” button. The products can be removed from the shopping cart by clicking the “Delete” button. If the customer wants to buy the products in the shopping cart, he or she must click on the “Checkout” button.

(3) By sending the completed order form on the Migas Shop website using the “Buy Now” button, the customer is making a binding offer to conclude a contract with Migas Shop. Before final submission, the customer has the opportunity to check the accuracy of his entries on an overview page and correct them by selecting the “Back page” button in the web browser. The language available for concluding the contract is German.

In response to the customer's offer, Migas Advertising sends the customer an order confirmation by email and checks the customer's offer for feasibility. The order confirmation does not constitute acceptance of the offer, but is only intended to inform the customer that their order has been received by Migas Shop.

The contract is only concluded when Migas Shop ships the ordered product to the customer and confirms the shipment to the customer with a second email (shipping confirmation) within a maximum of 14 days. This does not apply if the customer chooses the “advance payment” payment method during the ordering process; In this case, the request for payment already constitutes acceptance of the offer, which takes place within a maximum of 14 days after the customer has submitted the binding offer as part of the order confirmation. Migas Advertising saves the contract information and sends the customer the order data as well as these general terms and conditions and delivery conditions by email. The general terms and conditions of business and delivery can also be viewed at any time at https://migas-shop.de/agb/ . The customer can also view the details of past orders online on the Migas-Shop website in the “My Account” area.

(4) As a platform provider, Migas Shop is not able to check all print motifs designed by customers in advance for possible legal violations. Migas Shop reserves the right to reject received orders within the statutory acceptance period if it becomes known during the ordering process or if there is a suspicion that a print motif violates the rights of third parties or legal regulations.

(5) The contract is concluded subject to timely and complete self-delivery. This reservation does not apply in the event of short-term delivery disruptions or if Migas Advertising is responsible for non-delivery, in particular if Migas Advertising fails to carry out a congruent hedging transaction in a timely manner. The customer will be informed immediately about the unavailability of the service. If the customer has provided the consideration, it will be reimbursed.

§ 3 Delivery/Shipping

(1) Delivery takes place within Germany and some international countries, which can be viewed at migas-shop.de/versand .

(2) Deliveries are made by a shipping service provider chosen by Migas Shop. The customer must bear the shipping costs incurred, which may depend on the order value and the location to which delivery is to be made. Current shipping prices can be viewed at migas-shop.de/versand .

(3) Delivery generally takes place within three weeks of receipt of the order confirmation by the customer. Delivery dates and delivery times are only binding if they have been expressly confirmed as such by Migas Shop in writing.

(4) The buyer must ensure that his order can be delivered to the delivery address specified by him. The customer must regularly check the location of his order using the tracking number sent as part of the shipping confirmation. In particular, the customer must ensure through regular checks that he collects his order from the storage location after an unsuccessful delivery attempt by the shipping service provider. The customer must bear the costs of any re-shipment to him, in particular if delivery was not possible due to his fault or if the shipping service provider returned the package to Migas Shop after the storage period had expired. The above sentence also applies if the customer does not receive a notification card from the shipping service provider.

(5) Migas Shop is only entitled to make partial deliveries if

a) the partial delivery can be used by the client within the scope of the contractual intended purpose,

b) delivery of the remaining ordered goods is ensured and

c) the client does not incur any significant additional effort or additional costs as a result.

§ 5 Payment

(1) Payment is made in advance, PayPal, credit card (PayPal), direct debit (PayPal), on account (PayPal) or other payment options to be agreed upon.

(2) If the method of payment chosen by the customer cannot be carried out by Migas Shop despite implementation in accordance with the contract, in particular because a debit from the customer's account is not possible due to insufficient funds in his account or because incorrect data has been provided, the customer must notify Migas Shop or his account third parties commissioned with the processing to reimburse the resulting additional costs.

(3) The customer is only entitled to offsetting or retention rights to the extent that his claim has been legally established or is undisputed. In addition, the customer may only exercise a right of retention if the customer's claim is based on the same contractual relationship. In the event of defects in delivered goods, the customer's counter-rights remain unaffected.

(4) The customer agrees that he will only receive electronic invoices. The invoices are provided to the customer in PDF format via email.

(5) Migas Shop is entitled to use trustworthy third parties to process payments or collect services. This also includes the possibility of assigning the claim to debt collection agencies. For this purpose, the personal data required for collection may also be transferred to third parties.

(6) Purchase on account is taken over by PayPal, you transfer to PayPal. Further information: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

§ 6 Retention of title

(1) The goods remain the property of Migas Shop until the claims to which Migas Shop is entitled under the contract have been settled.

(2) The customer is obliged to treat the goods with care until ownership is transferred to him.

§ 7 Warranty

(1) Information, drawings, illustrations, technical data, weight, dimension and service descriptions contained in brochures, catalogs, circulars, advertisements or price lists are purely informational in nature. Migas Shop assumes no liability for the accuracy of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.

(2) The buyer can initially demand the elimination of the defect or the delivery of a defect-free item as supplementary performance. If subsequent performance fails, the buyer can demand a reduction (reduction in remuneration) instead of subsequent performance or, at his discretion, withdraw from the contract. The buyer's withdrawal is excluded if there is only a minor defect that does not affect normal use and the breach of duty was only insignificant.

(3) If the buyer does not expressly state the type of supplementary performance he wants in the defect notification, we can choose between new delivery and repair of the goods.

(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.

(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Migas Shop is therefore not liable for the constant and uninterrupted availability of the online offer.

§ 8 Limitation of Liability – Responsibility

(1) Migas Shop's liability is otherwise governed by statutory provisions, unless otherwise specified in these General Terms and Conditions of Business and Delivery.

(2) Migas Shop is liable for damages, regardless of the legal basis, in the event of intent or gross negligence.

In addition, in the event of simple negligence, Migas Shop is only liable for:

a) Damage resulting from injury to life, body or health as well

b) Damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and may rely); In this case, however, liability is limited to compensation for foreseeable, typically occurring damage.

(3) The liability limitations resulting from paragraph 2 do not apply if Migas Shop fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.

(4) To the extent that Migas Shop's liability is excluded or limited in these General Terms and Conditions of Business and Delivery, this also applies to the personal liability for damages of Migas Shop's employees, employees, employees, representatives and vicarious agents.

§ 9 Shipping

Shipping of the goods to a location other than the place of delivery is at the buyer's expense. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with Section 14 of the German Civil Code (BGB), shipping takes place at the buyer's risk.

§ 10 Information about the right of withdrawal for consumers

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must contact us (Migas Advertising, owner Dirk Migas, Straße der Freiheit 110, Germany, telephone +49 3491 441652, fax +49 (0) 3491 886517, info@migas-shop.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To Migas Advertising, Straße der Bfreiung 110, 06886 Lutherstadt Wittenberg, Germany,info@migas-shop.de :

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for paper notification)

Date

(*) Delete what is not applicable.

Exceptions to the right of withdrawal

In particular, a right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 11 Rights to print designs, release from liability

(1) “Material provided” as used below includes all information, motifs, including print motifs and, if applicable, fonts and fonts, or other materials that the customer provides to Migas Shop in connection with the order and / or (in the case of a material adjustment or design by Migas Shop on behalf of the customer) were approved by the customer.

(2) The customer guarantees to Migas Shop and companies, legal representatives, employees and vicarious agents associated with Migas Advertising that the material provided does not violate applicable legal regulations (in particular provisions from criminal laws and regulations for the protection of minors) or rights of third parties (in particular copyrights, personal rights, trademark rights and similar intellectual property rights). The customer will inform Migas Shop immediately if third parties assert rights to the materials provided.

(3) If the material provided violates legal regulations or the rights of third parties, Migas Shop and companies associated with Migas Shop, legal representatives, employees and vicarious agents are entitled to demand compensation from the customer for damages that they have suffered as a result of the violation. In particular, the customer is obliged to indemnify and hold harmless Migas Shop and companies affiliated with Migas Shop, legal representatives, employees and vicarious agents from all processes, procedures, claims, damages, costs or other expenses that arise as a result of third parties violating your Asserting rights against the named entitled persons.

(4) The customer will indemnify migas Shop from all demands and claims that are asserted due to the violation of such third party rights, insofar as the customer is responsible for the breach of duty. The customer will reimburse Migas Shop for all defense costs and other damages incurred.

§ 12 Technical and design deviations

When fulfilling the contract, we reserve the right to make customary deviations from the descriptions and information in our catalogs, including our website, with regard to material quality, color, weight, dimensions, design or similar characteristics of the goods, provided that these deviations are reasonable for the customer. Reasonable reasons for changes can arise from normal commercial fluctuations and technical production processes.

§ 13 – Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which can be accessed at https://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 14 Place of jurisdiction – place of performance – choice of law

(1) The place of fulfillment for all deliveries is the Migas Shop headquarters in Lutherstadt Wittenberg

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, Lutherstadt Wittenberg is the place of jurisdiction. In this case, Migas Advertising is also entitled, at Migas Advertising's discretion, to sue the customer at the court of their place of residence. The same applies in the event that the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of residence outside of Germany after conclusion of the contract, or his place of residence or usual place of residence is unknown when the action is filed.

(3) The contract in accordance with these General Terms and Conditions of Business and Delivery is subject exclusively to the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods and any other intergovernmental agreements, even after their adoption into German law, is excluded. If the customer is a consumer and has his habitual residence abroad, the mandatory consumer protection provisions of that country remain unaffected by the choice of law (Art. 6 Para. 2 Sentence 2 of Regulation (EC) 593/2008).

(4) If individual provisions of these General Terms and Conditions of Business and Delivery are invalid or contradict the legal regulations, this will not affect the rest of the contract.

12/2023