Mikuta Fashion GmbH
for
General Terms and Conditions of Mikuta Fashion GmbH
Welcome to MIKUTA! We, Mikuta Fashion GmbH, Paul-Lincke-Ufer 42-43, 10999 Berlin, Germany (in short “We” or “MIKUTA”), are happy you are interested in our products. In the following we would like to inform you about our services on https://mikuta.com, (in short “MIKUTA Website”) our terms and conditions and your rights when purchasing our products. Our offers are aimed at consumers making purchases for private purposes.
General information on the scope of application
These General Terms and Conditions (in short "GTC") apply to every purchase on our website https://mikuta.com. As soon as you register on our website and/or place an order, you automatically agree to the validity of these GTC.
These GTC regulate all essential topics that are relevant for your purchase with us. They are important for both, you and MIKUTA, as they set out what We expect from each other and also provide useful information. If you cannot find an answer to your questions in the GTC, please take a look at our FAQ. These are also part of the GTC.
Conclusion of contract
To be able to order from MIKUTA, you must be at least 18 years old or have the consent of a legal representative. By placing an order on the MIKUTA Website, you declare that you are acting exclusively for private purposes.
For orders placed at the MIKUTA Website MIKUTA enters into English language contracts only. When you order on the MIKUTA Website your contract is always with MIKUTA.
By clicking on "Buy now", you are placing a binding order for the items in your shopping cart but no binding purchase contract is concluded with us. The order confirmation that you receive following your order only serves to inform you that MIKUTA has received your order. If the order confirmation contains incorrect information, please inform MIKUTA immediately.
If the product you have ordered is in stock at the price stated, you will receive another e-mail from us with which we accept your order with binding effect. You will also receive a shipping confirmation. This constitutes a purchase contract. Only now you are in a position to demand that we deliver the ordered product to you, whereas we have the right to demand payment of the purchase price from you.
We inform you about the respective delivery time on each product as well as before you place your order.
If a product selected by the customer is no longer available at the time of the customer's order, MIKUTA shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, MIKUTA shall refrain from making a declaration of acceptance. In this case, no contract shall be concluded. We will inform you of this immediately and refund any payments already received without delay.
If the product specified by the customer in the order is only temporarily unavailable, MIKUTA shall also inform the customer of this immediately in the order confirmation.
Please note that the products ordered by you remain our property until you have paid the agreed purchase price in full to us or your chosen payment service provider.
Payment modalities
We offer you several payment options for paying for our products. These include PayPal, Visa, Mastercard, American Express, Apple Pay, Google Pay, Klarna Pay Later, Maestro, iDEAL, Shop Pay, UnionPay and Eps-Überweisung. Please understand that we cannot guarantee the availability of individual payment options. You are responsible for any costs associated with money transactions.
If you have a valid discount code, promotional voucher or gift card/voucher it can be redeemed at the end of the order process.
If you have any questions about the individual payment options, please contact the respective payment service provider directly or refer to the terms and conditions of the respective payment service provider. We are not responsible for the services of the payment service providers.
You consent to receiving invoices and credits solely in electronic form.
Depending on the selected payment method, MIKUTA reserves the right to review the given individual details, their validity and the creditworthiness of the customer in relation to the order value. MIKUTA reserves the right to refuse to accept orders depending on the results of the check.
Prices
The prices quoted on the MIKUTA Website include statutory VAT. All additional costs and charges, such as delivery costs and customs duties, are clearly indicated before the order is completed.
Please note that the prices stated on the MIKUTA Website are not binding. If the price of a product you have ordered has changed in the meantime, we will inform you in good time.
Terms and conditions for Gift Cards/Voucher
Gift Cards can be redeemed at the MIKUTA Website and in MIKUTA stores for the purchase of eligible products.
Gift Cards are issued by MIKUTA. The Gift Cards are stored value. You do not have a right to request a redemption for cash.
The Gift Cards are valid for a limited period of three (3) years from the purchase date. Redemption in cash or refunds in the event of loss or damage are not possible.
The Gift Card is usually activated within 24 hours of purchase.
Gift Cards can only be used prior to your order and not retroactively.
Should you cancel your order or return goods for which you redeemed a Gift Card, the amount paid will be refunded to your Gift Card and made available for future purchases.
Discounts, promotional vouchers
Promotional vouchers or discounts are vouchers that cannot be purchased but are given out during advertising campaigns and are valid for a certain period of time.
Each promotional voucher or discount code is subject to specific conditions of use, which are specified at the time the promotional voucher or discount code is issued (e.g. which products are covered by the discount, whether it is a one-off/repeated discount, validity period, etc.). Please note that a minimum order value may apply to the use of promotional vouchers.
If you receive an individual promotional voucher or discount code, this is intended exclusively for you. Promotional vouchers can be redeemed once only in connection with an order and only within the specified period. Passing it on to other persons is not permitted and may lead to immediate deactivation and, in individual cases, to your customer account being blocked.
Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively.
Unless We have agreed otherwise, it is not possible to combine multiple promotional vouchers. Promotional vouchers can’t be used to purchase MIKUTA gift cards.
Delivery
With regard to the delivery of the ordered products, there are various shipping options with different delivery times and costs available to you, which you can choose from before completing your order.
Delivery will then be made to the address you specify within the delivery time stated for the specific delivery method. Please also note that your order will be sent to the delivery address you provided when placing your order. We cannot be held responsible if the delivery address provided by you is incorrect or incomplete. If you notice any errors or missing information in the order confirmation regarding your address, please send us an e-mail immediately to hello@mikuta.com. Please note that we cannot make any changes after sending our shipping confirmation.
The delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except for purchases on account). If no or different delivery times are specified for the respective goods in our online shop, the delivery time is 4-5 days in average. We make every effort to adhere to these delivery times. Please understand that it may sometimes take a little longer for your order to arrive. This may be due to delivery bottlenecks, delays caused by the post office/delivery company or bad weather conditions. In any case, we provide you with a tracking number for every delivery, which you can use to track the status of your order at any time.
In case of severely delayed orders, We will contact you as soon as possible to offer either a reshipment or a refund. Usually, the refund or reshipment is offered after 14 days without valid tracking readings by the carrier.
Right of withdrawal, refund
If a product you have ordered does not meet your expectations, you can return the product to us within 14 days. You have a so-called right of withdrawal.
To exercise your right of withdrawal, you must notify us within 14 days of receipt of the products and inform us which products you wish to return. To do this, you can send us an e-mail to hello@mikuta.com or a letter to Mikuta Fashion GmbH, Paul-Lincke-Ufer 42-43, 10999 Berlin, Germany.
You can use the following form to notify us:
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To: Mikuta Fashion GmbH, Paul-Lincke-Ufer 42-43, 10999 Berlin, Germany, e-mail: hello@mikuta.com I/we (*) hereby revoke the contract concluded by me/us (*) for the use of the following services (*) Ordered on (*) / received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date (*) delete as appropriate |
If you exercise your right of withdrawal, you must return the products you wish to return to us. Please use the return label enclosed in the package/create a return label at [LINK]. As soon as MIKUTA receives your declaration of withdrawal, We will process your return as quickly as possible and refund the money you have paid within 14 days. For the refund, We will use the same payment method that you used for the original payment (i.e. Paypal, Klarna, Apple Pay etc.). We may decide to withhold the refund until We have received the products back or until you have provided proof that you have returned the products, whichever is the earliest.
Please note that a right of withdrawal does not apply in the following cases:
- The product has already been worn/used by you and is no longer in its original condition (e.g. if the product has been damaged, soiled or washed);
- The products you ordered are hygiene articles (e.g. underwear, swimwear, cosmetics, body jewelry) and the hygiene seal is no longer intact;
- Personalized products.
If an item is returned to us where the above guidelines have not been followed, We will unfortunately not be able to give you a refund. In this case, We may decide to return the products to you, for which you will have to pay the delivery costs, or to keep the products and adjust the refund in proportion to the loss in value.
In addition to the above right of withdrawal, MIKUTA grants a voluntary right of return. This right to return gives you the option of withdrawing from the contract within 30 days. The period begins on the day after the receipt of the products. In addition, the above-mentioned provisions of the right of withdrawal apply to the voluntary right of return. Please note that as part of our voluntary right of return, we can only offer one free return per order. If you wish to make a further return at a later date, MIKUTA will charge you for this.
The voluntary right of return does not apply to contracts for:
- products that have already been worn/used by you and is no longer in its original condition (e.g. if the product has been damaged, soiled or washed);
- products you ordered are hygiene articles (e.g. underwear, swimwear, cosmetics, body jewelry) and the hygiene seal is no longer intact;
Furthermore, the 30-day right of return does not apply to sealed products if the seal has been removed or damaged after delivery. Notwithstanding this, your statutory rights, including your statutory warranty rights, remain unrestricted.
Warranty
We take great care in the presentation and description of our products and use state-of-the-art technology. We comply with applicable regulations. Nevertheless, minor deviations in the presentation or description may occur due to technical inaccuracies. These may also depend, for example, on the devices used by customers and their image settings.
If you have been sent the wrong products or faulty or broken products, you have the right to return the products and have them exchanged, irrespective of your right of withdrawal. The statutory provisions of §§ 434 ff. German Civil Code (BGB) apply.
Please note that a product is not defective if it has minor defects. Minor defects are generally understood to be customary or technically unavoidable deviations in quality, color, size, equipment or design of the goods.
To assist us in investigating the defect, MIKUTA asks you to provide us with a description of the defect and, if possible, photos or videos that clearly show the defect.
If the product you have ordered is no longer available, We may decide to withdraw from the purchase contract and refund the purchase price you have paid.
Liability
We are not liable for damages caused by slight negligence on our part. Excluded from this is liability for injury to life, limb or health or material contractual obligations. Essential contractual obligations are obligations which We must perform in order to achieve the purpose of the contract and on the fulfillment of which you as a customer rely. If damage occurs due to a slightly negligent act by us or one of our legal representatives, our liability is limited to compensation for foreseeable damage typical of the contract.
Liability under the Product Liability Act remains in force.
Data protection
We use your personal data when you use the MIKUTA Website. This is data that enables your person to be identified.
These data are, for example
- Name and address,
- IP address,
- Payment and account information.
For a detailed explanation of the use of your data, please refer to our privacy policy.
Unauthorized use
Please note that MIKUTA will not provide the above-mentioned services if the use of the MIKUTA Website is unauthorized.
Unauthorized use exists in particular if
- suspicious order transactions can be detected and/or fraud is suspected;
- If the MIKUTA Website is manipulated and/or hacked;
- If these GTC are violated.
This list is only an example.
If there is a case of unauthorized use, We can block your customer account and refuse to supply you with our products.
Dispute resolution
The European Commission provides a platform for out-of-court dispute resolution. This gives customers who are consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be accessed via the following external link:
https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Choice of law
The contractual relationship between us is governed by German law. The mandatory provisions of consumer protection law in your country of residence remain unaffected by this.