Lucile Barras MAE
– MISOGI DOGI –
Stargarder Str. 18
Phone: +49 1578 533 6525 / +41 76 760 6525
Responsible tax authority: Finanzamt Prenzlauer Berg, Berlin, Germany
1. SCOPE OF APPLICATION
The following terms and conditions shall govern the complete business relationship between the customer and the provider Misogi Dogi / Lucile Barras MAE (referred to as “Misogi Dogi” or “us” hereafter).
“Misogi Dogi” alias Lucile Barras MAE is a provider of martial arts clothing, gear and accessoires.
“Customers” in these terms and conditions shall be both consumers and traders.
“Consumer” in these terms and conditions shall be any natural person with whom a business relationship is established and who is acting outside his/her trade, business or selfemployed professional activities.
“Trader” in these terms and conditions shall be any natural or legal person, and any partnership having legal capacity, with whom/which a business relationship is established and who/which is acting within her or his trade, business or self-employed professional activities.
2. CONCLUSION OF CONTRACT
Orders are only possible via the Misogi Dogi website (www.misogidogi.com).
Misogi Dogi will make these terms and conditions available on the webshop. The customer will be invited to read these terms and conditions before submitting an order. By submitting a (pre-)order, the customer confirms that he or she has read, understood and agreed to these terms and conditions. If the customer is unclear about or unhappy with any aspect of these terms and conditions, please contact us before placing a (pre-) order.
Any offers on our online shop shall be subject to alteration without notice. Misogi Dogi, in case of non-availability of items offered, shall not be obliged to perform. To be valid, any conclusion of contract implying a contractual obligation with respect to the individual services requires written confirmation of the order by Misogi Dogi. If an item is not (or only partially) available within the promised period of time, we will inform you accordingly without any delay. We shall promptly reimburse you for any payments made.
3. PAYMENT AND SHIPPING
The following payment and shipping terms shall apply:
Prices indicated on the webshop at the date of the (pre-) order are binding. They are listed in euro and include VAT. Payment and delivery shall be made exclusively by using the payment systems/service providers listed on the webshop. The customer agrees to pay the total price within 14 days after receipt of the order confirmation email or invoice.
Prior to conclusion of the contract, the shipping costs applying for the relevant shipment mode and the destination specified shall be specified to the customer by a costs calculator on the internet site; the shipping fees may vary depending on the shipment mode and destination. All transportation costs shall be payable when activating the total (pre-)order.
Misogi Dogi retains title to the goods delivered until paid for in full. We are entitled to cancel the contract after a written notice, if the customer has supplied us with incorrect information about his creditworthiness.
Delivery period is detailed on the webshop at the time of purchase. For the pre-order time (November 2016 – February 2017), production will start only once enough pre-orders have been collected. Delivery is expected after a production phase of about 6 months. The customers will be regularly updated on timing. In case the pre-orders target is not achieved by end of February 2017, any payments made will be reimbursed to the customers and the contract cancelled.
Misogi Dogi shall deliver the goods in time. As items are produced by a small family business, delays may occur. In such a case, the consumers will be advised as soon as possible.
Any transport damage shall be confirmed by the delivery agent in the course of the delivery.
4. FORCE MAJEURE
In the event that Misogi Dogi, due to circumstances amounting to force majeure (included, but not limited to war, strike, natural disaster), cannot perform its contractual obligations, it shall be relieved of its obligations under the contract for the duration of such circumstances. If the impossibility to execute the order and/or deliver the goods due to force majeure persists more than one month, the customer shall be entitled to rescind the contract.
5. CANCELLATION RIGHT
The consumer may cancel his or her (pre-)order, within a time limit of 30 days after delivery and without stating a reason, by giving notice in text form (letter, e-mail) and by returning the goods.
Misogi Dogi will control all returned products. All items must be returned in perfect condition without any signs of usage. The consumer has to pay the shipping fees for this kind of return, unless the consumer’s delivery address is in Germany. We will dismiss the returned product if:
– The product shows visible signs of use
– The product is damaged as a result of the return transport
No cost will be covered should the items go missing during the return shipping. We advise you to send all items back with a shipping service providing track & trace.
Once the returned items are controlled, Misogi Dogi will reimburse the consumer’s payment (duties, taxes and other expenses excluded). The refund of the sale price will be carried out in the same manner as the original payment was made. If the consumer used the pre-payment method to order, Misogi Dogi will need to know her or his banking details for a referral.
6. QUALITY AND RETURNS
The goods’ quality may vary due to the used materials, most of which are natural. Furthermore, the products are handmade, which may also cause variations in workmanship. Any sizes indicated shall be approximate sizes. The rendering of colours shall not be binding on Misogi Dogi.
Any obvious defects or short quantities shall be reported in writing and without delay. In the case of a material defect in the product on Misogi Dogi’s behalf, the consumer has the right to choose a similar product in exchange, to withdraw from the contract or to request a price reduction within 3 months from the purchase date. All requests are to be confirmed by written correspondence with Misogi Dogi.
If the product is in any way faulty or does not conform to the order placed, Misogi Dogi will gladly refund the paid purchase price, the return shipping fees; any customs, duties and goods taxes (upon proof of payment i.e. a receipt). However, no good will be taken back if it shows signs of damage or interference, such as
– Natural wear and tear
– Events out of our control e.g. natural disasters
– Signs of improper use
– Interference by the customer or a third person
– Extreme use or extreme influence by the customer
7. DATA PROTECTION
Pursuant to the German Teleservices Data Protection Act [TDDSG], the German Interstate Media Services Agreement [MDStV], the German Federal Data Protection Act [BDSG] and other legal provisions on data protection, the user is hereby informed that any personal data provided in the course of his registration will be stored, processed and used, in a machine-readable manner, exclusively for such purposes as were specified by the user. User data will be kept strictly confidential and will not be forwarded to third parties for any – including commercial – purposes. For a complete execution of an order, Misogi Dogi cooperates with service providers to whom information (name, first name, street address) related to the order is submitted. Such service providers are responsible for the delivery of goods or handling of payments (credit card, invoice or direct debit). The service providers shall use the information exclusively for the purpose stated above and shall not forward them to third parties.
8. FINAL PROVISIONS
These terms and conditions shall be governed by the law of the Federal Republic of Germany. With respect to consumers acting outside their commercial or professional activities when entering into the contract, this choice of law shall apply only in as far as the consumer is not deprived of the protection provided by compulsory law of the state where he has his normal place of abode.
The place of jurisdiction for traders shall be at the place of the provider’s registered office.
Should any provision hereunder be or become void, this shall not affect the validity of the remaining provisions. In such case, the parties shall replace, by mutual consent, the void provision by such substitute provision as shall come closest, in economic terms, to what the parties had intended.
Misogi Dogi reserves the right to add, delete or amend these terms and conditions without prior written notice at any time, at their sole discretion.