Terms of service

General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, we hereby object to their validity; they only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Contract Conclusion, Correction Options

The purchase agreement is concluded with Miraherba GmbH.

By listing products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept our offer by clicking the order button for the products in your shopping cart. Immediately after submitting your order, you will receive a confirmation by email.

3. Contract Language, Contract Text Storage

Available languages for contract conclusion: German, English, French, Spanish, Italian

We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery Terms

4.1 Shipping Costs

In addition to the stated prices, standard shipping incurs shipping costs of 4.90 euros.

4.2 Delivery Options

We ship the products to the delivery address specified in the ordering process.

You generally have the option to pick up at Miraherba GmbH, Kammererstr. 8, 71636 Ludwigsburg, Germany during the following business hours: 10:00 - 17:00

5. Payment

5.1  Prices

The prices stated at the time of order apply. These are total prices and include statutory VAT.

5.2 Payment Methods

In our shop, you generally have the following payment methods available.

Credit Card
In the ordering process, you provide your credit card details. Your card will be charged immediately after placing your order.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have Apple Pay enabled, authenticate yourself with your access credentials, and confirm the payment instruction. The payment transaction is executed immediately after placing your order. You will receive further information during the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have Google Pay enabled, authenticate yourself with your access credentials, and confirm the payment instruction. The payment transaction is executed immediately after placing your order. You will receive further information during the ordering process.

Klarna
In cooperation with payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with each payment option and during the ordering process.

Purchase on Account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer registered and selected Klarna customers additional payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options affect your legal relationship with Klarna. You can find further information about this in your Klarna account.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access credentials, and confirm the payment instruction. The payment transaction is executed by PayPal immediately after placing your order. You will receive further information during the ordering process.

PayPal may offer registered and selected PayPal customers additional payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options affect your legal relationship with PayPal. You can find further information about this in your PayPal account.

6. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal notice. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The product remains our property until full payment is made.
Additionally for entrepreneurs: We reserve ownership of the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to the extent that the realizable value of the securities exceeds the value of outstanding claims by more than 10%.

8. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, this helps us to enforce our own claims against the carrier or transport insurance.

9. Warranty and Guarantees

9.1 Warranty Claims

To the extent not expressly agreed otherwise below, statutory warranty law applies.

The following limitations and shortening of periods do not apply to claims for damages caused by us, our legal representatives, or performance assistants

• for violations of life, body, or health
• for intentional or gross negligent breach of duty as well as fraud
• for breach of essential contract obligations whose performance enables the proper execution of the contract in the first place and on whose compliance the contract partner can regularly rely (cardinal duties)
• within the framework of a warranty promise, if agreed, or
• to the extent the scope of the Product Liability Act is opened.

Restrictions for Entrepreneurs

For entrepreneurs, only our own specifications and product descriptions from the manufacturer that have been incorporated into the contract constitute agreements regarding the nature of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. For entrepreneurs, the statute of limitations for warranty claims on newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to goods that have been used in accordance with their customary use for a building structure and caused its defectiveness.

The statutory limitation periods for recourse claims under Section 445a BGB remain unaffected.

Notice to Merchants

Among merchants, the examination and notification obligations regulated in Section 377 HGB apply. If you fail to provide notice as regulated there, the goods are deemed approved, unless it is a defect that was not apparent upon examination. This does not apply if we fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact terms can be found with each product and on special information pages in the online shop.

Customer Service: You can reach our customer service for questions, complaints, and objections Monday to Friday from 9:00 AM to 1:00 PM at telephone number 07141 925988 or by email at info@miraherba.com.

10. Liability

We are always liable without limitation for claims for damages caused by us, our legal representatives, or performance assistants

• for violations of life, body, or health,
• for intentional or gross negligent breach of duty,
• for warranty promises, if agreed, or
• to the extent the scope of the Product Liability Act is opened.

In the event of breach of essential contract obligations by slight negligence on our part, by our legal representatives, or performance assistants, whose performance enables the proper execution of the contract in the first place and on whose compliance the contract partner can regularly rely (cardinal duties), liability is limited in amount to the foreseeable damages at the time of contract conclusion, with whose occurrence it is typical to reckon.
Furthermore, all claims for damages are excluded.

11. Code of Conduct

We have committed ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

12. Agreement on the Use of Trusted Shops Buyer Protection

You can insure orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops SE. Beyond this, Trusted Shops offers paid protection in cooperation with a guarantor. The Trusted Shops buyer protection terms apply, which you can find here. Buyer protection is concluded by clicking the appropriately labeled button of the so-called Trustcard, which appears as a pop-up on the order confirmation page after an order has been placed. To be able to offer you buyer protection, the Trustcard must access order data stored in your browser cache. Access is only local and no order data is transmitted to Trusted Shops before you actively decide to purchase buyer protection or consent to the transmission of order data to Trusted Shops. If you have consented, a hash value of your email address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically covered. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection terms linked above.

13. Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Youth Protection

If your order includes products whose sale is subject to age restrictions, we ensure by means of a reliable procedure involving a personal identity and age verification that the buyer has reached the required minimum age. If delivery is made, the carrier will only hand over the goods after successful age verification and only to the buyer personally. Delivery to parcel lockers is not possible in this case.

15. Final Provisions

If you are an entrepreneur, German law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a public law special asset, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.