SUN OPTICAL COLLECTIONS PROTECTION THE COMPANY SHOPS JOURNAL BE, EUR GENERAL TERMS AND CONDITIONS MYKITA WEBSHOP The General Terms and Conditions are available as pdf download here 1. APPLICATION OF THE TERMS AND CONDITIONS These General Terms and Conditions apply to the ordering of goods from MYKITA GmbH (hereinafter referred to as MYKITA) via the MYKITA Webshop. This shall also apply if the MYKITA Web Shop is accessed from outside the Federal Republic of Germany. 2. OFFER, ORDER CONFIRMATION, SELECTION OF GOODS, STORAGE OF THE ORDER TEXT 2.1. Any offering in the MYKITA Webshop represents a non-binding invitation to order goods. By ordering, which is performed by clicking the “Buy” button, the customer will submit a binding offer to enter into a purchase agreement and agrees with the applicability of these General Terms and Conditions. The order confirmation that is sent automatically by MYKITA after the dispatch of the order serves only to document that the customer’s order has been received by MYKITA, but does not represent acceptance of the customer’s offer. A contract is deemed only to have been concluded after MYKITA has issued a declaration of acceptance, which is sent in a further separate email (order confirmation or shipping confirmation), at the latest, however, by the dispatch of the ordered goods. MYKITA will declare acceptance either by sending a declaration of acceptance or by dispatching the goods within two working days after dispatch of the order by the customer. If MYKITA does not submit a declaration of acceptance within this period, the customer's order has not been accepted. 2.2. MYKITA expressly reserves the right to make changes to the models or structures for deliveries within a contract, as long as such changes are not of a fundamental nature, do not significantly limit the contractual purpose and there is no unreasonable detrimental effect on the customer’s interests. 2.3. The contract text will not be saved by MYKITA and can no longer be retrieved after completion of the order process. The ordering process information will be transmitted to the customer again with the email confirmation of the order. The customer can print out the order data immediately after submission of the order. 3. DELIVERY TIMES, WITHDRAWAL, DAMAGE CAUSED BY DELAY, PARTIAL DELIVERIES 3.1. The goods will be delivered in 1 to 3 business days within Germany and within 2 to 6 business days in other European countries. Longer delivery times apply for Sample Sale orders (approx. 4 Weeks). 3.2. Delivery is performed by sending the goods to an address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. If additional delivery costs are incurred as a result of incorrect delivery address data, the customer is to refund these to MYKITA. The customer will be obligated to ensure that delivery of the ordered goods to the stated address is possible during regular business and delivery hours. 3.3. Delivery times can only be observed if the customer has complied with his or her obligations (for example, advance payment, complete and accurate delivery address, etc.). 3.4. If MYKITA fails to observe delivery deadlines the customer is to set MYKITA an appropriate grace period in writing, which is to commence upon receipt by MYKITA of the setting of the grace period. The customer will only be entitled to withdraw from the contract after the grace period has expired without any result. Withdrawal by the customer from the entire agreement as a result of partial delay or partial impossibility is only permitted if the partial service already performed for the customer can be proven to be of no interest to the customer. 3.5. Even in case of agreed periods and deadlines, MYKITA shall not be responsible for delivery and service delays as a result of force majeure. Force majeure shall be deemed to be war, riot, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at the subcontractors of MYKITA or where MYKITA is not supplied by the subcontractors despite appropriate contracts that would have covered the requirement incurred by the agreement with the customer. In such event, MYKITA shall be entitled to postpone the delivery or service by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled. 3.6. MYKITA shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer. 4. PRICES AND SHIPPING COSTS 4.1. All prices include the statutory value-added tax. 4.2. Customs duties and fees for deliveries outside of the EU shall be borne by the customer. 4.3. Shipping within the EU and to North America is free of charge. 4.4. Express delivery is available for orders within EU. The delivery fee for this option will be shown when placing your order. 5. PAYMENTS, OFFSETTING, RETENTION 5.1. Payment for goods ordered from MYKITA is to be made by credit card (VISA and MasterCard), immediate bank transfer, (giropay, Sofortüberweisung.de) or PayPal. MYKITA reserves the right to accept other forms of payment in individual cases as well as to exclude forms of payment in individual cases. 5.2. In the event of payment by credit card (VISA and MasterCard) the data will be transmitted using Secure Socket Layer (SSL) encoding technology to Hüllemann & Strauss Onlineservices S.à.r.l. The customer will be charged the purchase price when the order is accepted. The transfer of data may take several minutes and must not be interrupted by the customer, e.g. by means of updating the browser page. Otherwise, this may lead to the credit card being charged twice. MYKITA will issue refunds in justified cases within a maximum of 14 days of the reporting of any duplicate transactions to MYKITA by the customer. Any costs incurred as a result of chargebacks initiated by the customer shall be passed on to the customer. In the event of credit card chargebacks that are not justified, a processing fee (usually 25.00 Euro) shall be charged. 5.3. The customer shall only be entitled to offsetting if his or her receivables are undisputed or have been legally determined. Any retention of payments by the customer as a result of counterclaims from other contractual relations is excluded. 6. RESERVATION OF TITLE The goods shall remain the property of MYKITA until they have been paid for in full. Prior to the transfer of ownership, no further sale, rental, pledging, assignment as security, processing, or reconfiguration is permitted without the express consent of MYKITA. 7. WARRANTY 7.1. If the purchased product is defective, the customer shall be entitled to the statutory claims during the limitation period for claims based on defects. 7.2. In the event that a customer is a contractor, namely that the order is in pursuance of the customer’s commercial or independent professional activity, claims for defects shall lapse within 12 months from delivery of the goods. This does not include any claims relating to death, personal injury or impaired health on the basis of a negligent breach of duty by MYKITA or an intentional or negligent breach of duty by a legal representative or vicarious agent of MYKITA. 7.3. If usage and maintenance advice issued by MYKITA is not followed, if the goods are modified, parts are exchanged, or consumables are used that do not comply with the original specifications, or if interventions are performed on parts for which this is not expressly authorized, the warranty will not apply if defects have arisen as a result of the aforementioned. 8. LIABILITY 8.1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by MYKITA, its legal representatives or vicarious agents. Furthermore, the liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, MYKITA shall only be liable for the foreseeable damage typical of the contract, unless the damage is a compensation claim by the customer arising from injury to life, limb or health. 8.2. Section 8.1 shall also apply in favour of MYKITA's legal representatives and vicarious agents if claims are asserted directly against them. 8.3. The provisions of the Product Liability Act and the applicable data protection laws shall remain unaffected. 9. RIGHT OF CANCELLATION If the customer is a natural person who enters into a legal transaction for a purpose that can neither be attributed to commercial nor to independent professional activity (consumer), the customer is entitled to the right of cancellation according to § 312g in conjunction with § 355 of the German Civil Code. CANCELLATION INSTRUCTION / RIGHT OF CANCELLATION You have the right to cancel this agreement within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which the goods are or have been taken into possession by you or a third party named by you who is not the carrier. In the case of a contract for various goods that you have ordered with a single order and which are delivered separately, the cancellation period is fourteen days from the date on which the last of the goods is or has been taken into possession by you or a third party named by you who is not the carrier. To exercise your right of cancellation, you must inform us (MYKITA GmbH, Ritterstr. 9, 10969 Berlin, Germany) by means of a clear statement (e.g. with a letter sent by post, fax or email) of your decision to cancel this agreement. Here, you can make use of the enclosed standard cancellation form, which is not mandatory, however. The timely dispatch of the notice of cancellation, i.e. before the cancellation deadline, shall be deemed sufficient for compliance with the cancellation deadline. CONSEQUENCES OF CANCELLATION In the event of the cancellation of this agreement, all payments that we have received from you (with the exception of additional costs arising from the fact that you have chosen a form of delivery other than the standard and lowest cost form of delivery that is offered by us), must be repaid immediately and at the latest within fourteen days from the date on which the notice of your cancellation of this agreement is received by us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in no case you will be charged any fees for this repayment. We may withhold the repayment until we have received the goods or until you have supplied evidence that you have returned the goods, whichever is the earlier. You must return or transfer the goods promptly, and in any event not later than fourteen days from the date on which you notify us of your cancellation of this agreement, to MYKITA GmbH, Ritterstraße 9, 10969 Berlin, Germany. The deadline shall be deemed to have been met if you dispatch the goods before the expiry of the period of fourteen days. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to ascertain the nature and functioning of the goods. END OF CANCELLATION INSTRUCTION 10. RETURNS 10.1. Without prejudice to the statutory right of cancellation, MYKITA grants the customer a right of return within 21 days after the customer or a third party named by the customer received the goods. With this right of return, the customer can cancel the contract even after the 14-day cancellation period has expired (see cancellation instruction above) by returning the goods to MYKITA within 21 days after receiving them (this period commences upon the receipt of the goods by the customer or a third party named by the customer). The goods will be deemed returned within 21 days if the customer sends the goods within such time. Prerequisite for the exercise of the right of return is that the goods are returned complete, unused and without damage caused by the customer in the original sales packaging. MYKITA bears the costs of returning the goods. The customer is asked to send the goods to: MYKITA GmbH, Ritterstrasse 9, 10969 Berlin, Germany The customer can also use the return label enclosed with the goods for the return. MYKITA will use the same payment method as the Customer used for the original transaction to refund the purchase price of the goods, unless expressly agreed otherwise with the customer. 10.2. The customer’s statutory right of cancellation and the statutory warranty rights shall not be affected by the contractually granted right of return and shall remain in force independently thereof. Until the expiry of the period for the statutory right of cancellation, the statutory conditions listed therein shall apply exclusively. 11. ORDERING PROCESS AND CORRECTION OF INPUT ERRORS IN OUR WEBSHOP 11.1. You can view goods in our Webshop by clicking on them. If you would like to order one or more of the selected goods, then click on “Add to basket”. The goods that you have selected are displayed by clicking once on the basket symbol. You then have the option to continue shopping and to place further items in your shopping basket. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “Checkout”. You will then be guided through our ordering process. In order to proceed, you can register as a customer, log in with an existing customer account or continue without registration. Following this step, you can specify the desired payment method. Before you place your binding order, we will display the information about the selected goods, the unit price, the total price, as well as the chosen method of payment. 11.2. You can correct input errors that arise during the order process at any time by clicking the fields displaying the respective stage of the ordering process – thus allowing you to navigate forwards or backwards – or by clicking the browser’s “Back” button. In addition, in the “Verify and Confirm” page, you can make direct changes to your shopping cart, billing- and shipping address and payment method by clicking on the respective fields. 12. LANGUAGE OF THE AGREEMENT, APPLICABLE LAW AND PLACE OF JURISDICTION 12.1. The agreement can be entered into in German or English language. Any and all disputes arising from the legal relationship existing between the customer and MYKITA shall be subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn on the basis of mandatory provisions of the law of the State in which the consumer has his or her habitual place of residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. 12.2. Where a private end consumer is not resident within the European Union, the place of jurisdiction shall be the place of our registered office. Last updated February 2020 MYKITA GmbH Managing Directors: Moritz Krueger (Spokesman), Dennis Plattner. | Amtsgericht Berlin Charlottenburg: HRB 91586 B | VAT N°: DE813901260 | Tax N°: 37/091/45815 Bank: Deutsche Bank | IBAN: DE15 1007 0100 0226 0008 01 | BIC: DEUTDEBB101 Back to top CUSTOMER SERVICE Contact Us Shipping Information Cancellation Secure Payment FAQ Shop Finder Partner Portal MY SETTINGS Login Language SOCIAL MEDIA Facebook Instagram YouTube Pinterest Twitter Tumblr THE COMPANY About Press Retailer service Jobs Terms & Conditions Privacy Policy Legal Notice NEWSLETTER Join the MYKITA community and be the first to receive exclusive news on design updates, limited editions and special sale promotions from the MYKITA HAUS. 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