Welcome to the Mintroom terms and conditions. These apply to all purchases of our products in our online store, www.Mintroom.dk, and in our concept store Mintroom Berlin in the Pfalzburger Straße 20, 10719 Berlin. By placing your order with us you agree to our terms and conditions. These terms and conditions are the basis for the legal agreement between you and us. Please note that this is a translation of the valid and applicable German terms and conditions and feel free to contact Mintroom if you have any queries.
USt-IdNr.: DE 300524212
(i) The following general terms and conditions shall apply exclusively and for all contracts as well as for the entire business relationship between the customer and Mintroom. Mintroom reserves the right to alter the terms and conditions. Terms and conditions shall always apply, unless Mintroom expresses otherwise in writing. The following terms and conditions are valid for all contracts made with Formfollow GmbH whether Mintroom online or in store at Mintroom Berlin.
(ii) Customers in the context of these terms and conditions are both consumer (private) pursuant to § 13 BGB as well as merchant (commercial) pursuant to § 14 German civil code.
(iii) The ‘consumer’ (private) is any natural person who concludes a legal transaction to purchase goods from Mintroom as an end user not connected to a business.
(iv) ‘Business’ is defined here as the conclusion of a legal transaction between Mintroom and consumers or merchants. For a permanent business relationship with merchants, these contract conditions also apply to contracts for subsequent transactions without further confirmation. Subsidiary agreements and changes to the contract as well as any commitments and representations or declarations of our staff require our written confirmation.
2. Offers and Conclusion of Contract
(i) The presentation of goods on the Internet is not a binding contract offer of Mintroom. Our offers are subject to change. Contracts are entered into only by our written order confirmation (acceptance of the order by Mintroom). Confirmation that the order has been received is not acceptance. Once an order has been received, Mintroom sends an acknowledgement via email, this is not order acceptance. The declaration of order acceptance is made by Mintroom only on dispatch of the ordered goods to the customer.
(ii) Illustrations and descriptions in our documents (brochures, catalogues, price lists, drawings, etc.) and presented patterns are not binding or only approximate for the actual item.
(iii) Design, form and colour may vary from those pictured. Purchase orders including amendments and supplements only become legally binding through our declaration of acceptance.
(iv) The customer can order from Mintroom online by using the following method;
a) Click on the ‘add to cart’ button to place an article in the shopping cart without obligation. All articles that have been placed in the shopping cart can be seen when the shopping cart view is chosen. Here articles can be deleted or altered and the shipping cost is displayed
b) When articles from the shopping cart are to be purchased, click on the ‘next’ button to proceed through to the order process.
c) Customers who are already registered with Mintroom will be asked to log in. New customers are prompted to individually enter order details and sign up.
d) Continue to the shipping options and choose preferred shipping method and then payment method.
e) Before the order is finalised, check all order details are correct.
f) Clicking the ‘buy now’ button concludes the order. Thus, a purchase contract on the part of the customer is now binding. For information regarding the conclusion of the contract, please refer to the first paragraph of this document. Further information on the ordering process is located online under ‘help and service’.
(v) The contract text is not stored by Mintroom and is no longer available for you to download from our system after submission. The order data and the right of revocation found in text form in the order confirmation can be printed upon receipt by email. Mintroom stores the order data of the customer. Should the customer lose order documents, a replacement copy can be sought from Mintroom who can be contacted by mail, email, fax or phone.
(vi) Receipt of the offer (and thus the conclusion of the contract), is carried out within 2 days from the order submission in text form (e.g. email) as an order acknowledgement.
(vii) If you receive no message, you're not bound to your order.
(viii) The processing of the order and submission of all information required in connection with the conclusion of the contract is carried out automatically by email. You have, therefore, to ensure that the email address you registered with us is true and that the reception of emails is not prevented by SPAM filters.
3. Language of the contract, contract text storage
(i) The contract language is German.
(ii) The full contract is not stored by us. The contract data can be printed or electronically secured prior to submitting the order via your browser print options. On receipt of the order, the legally prescribed information for distance contracts and the terms and conditions are also sent via email.
(iii) In the case of order queries not made through the online shopping cart system, confirmation and all contract data will be sent by email, which can be printed out or electronically secured.
4. Prices, shipping & delivery
(i) Price at the time of the order applies. Our prices include the statutory sales tax (VAT). Customs duties and similar charges have to be paid by the customer. There is no minimum order value.
(ii) Shipping costs are not included in the purchase price. They are accessible via an appropriately designated button on our website or in the respective article description. Shipping costs are shown separately in the course of the ordering process and will be paid by the customer unless the order qualifies for free shipping.
(iii) Delivery and shipping costs, the amount of which is determined by the information provided in connection with the respective presentation of goods, are calculated from the Mintroom located at Pfalzburger Straße in Berlin. When delivering to a customer outside the Federal Republic of Germany, delivery and shipping charges increase according to weight or volume weight.
(iv) Any additional costs such as taxes, levies or duties which may apply for shipments outside of the EU, must be paid by the customer.
(v) Unless otherwise specified for individual types of payment, payment claims from the contract are due immediately.
5. Terms of payment
Payment for deliveries within Germany can be made by means of payment in advance, by Sofortüberweisung, by Nachname (cash on delivery), by instalments, by PayPal, by credit card or by invoice (commercial merchants only). For deliveries outside of Germany, payment must be made in advance. When paying by invoice, Mintroom reserves the right to require a deposit for high value orders.
6. Terms of delivery
(i) Delivery conditions, delivery date and possible delivery limitations can be found in the article description or in the designated area of our website.
(ii) As a customer, by law, the risk of accidental loss and accidental deterioration of the sold item during the shipment passes to you on delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently arranged your own means of shipment fulfilment.
7. Delivery times
Information about delivery times are generally without obligation. Claims for damages due to non-compliance with an agreed or confirmed delivery period are excluded, unless gross negligence or wilful misconduct by Mintroom can be proven. We are entitled to make partial deliveries of related parts. Each partial delivery can be charged separately.
Mintroom is free from obligation or responsibility for the duration of disruption, impact, operational disturbances or obstacles, as well as for acts of God, which are caused by others and affect Mintroom or our suppliers’ ability to perform.
Claims for damages by the purchaser for non-fulfilment or violation of the period are excluded. This does not apply if we or one of our agents intentionally or through gross negligence caused the damage. Mintroom can withdraw from the contract if the agreed delivery is impossible because our previous supplier does not fulfil his obligations unless, we are responsible for the delay in delivery from the supplier. If a possible separately agreed delivery period is exceeded by more than four weeks, the customer is entitled to withdraw from the contract after a reasonable grace period. The grace period for goods in stock is at least two weeks, in other cases at least four weeks. Merchants are limited to 5% of the net order value as delay damages.
8. Transfer of risk on acceptance
Shipping is done at our discretion. Transfer of risk shall pass from the vendor to the purchaser upon receipt of the goods from the freight carrier by the buyer or their agents. The customer must declare acceptance immediately upon receipt, unless the goods are subject to significant deficiencies and shortcomings and were shown in time according to paragraph 7 of this condition. If the ordered goods were installed by Mintroom, declaration of acceptance is due on completion of the installation. If acceptance has been neither declared nor denied within 12 working days following completion, the goods shall be deemed accepted, the customer having been advised of the implications of failing to communicate within the term. If the customer or third party uses the goods without explicit declaration of acceptance and without notification of defects, then the goods are deemed accepted.
9. Title retention
(i) Title to goods shall remain vested in Mintroom and shall not pass to the buyer until the purchase price for the goods has been paid in full. Until title to the goods passes:
a) Mintroom shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
b) Mintroom, its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which goods or any part are stored, or upon which we reasonably believe them to be kept;
c) the buyer shall store goods in a manner reasonably satisfactory to Mintroom indicating that title to the goods remains vested in Mintroom and;
d) the buyer shall insure the goods to their full replacement value, and arrange for Mintroom to be noted on the policy of insurance as the loss payee.
(ii) Irrespective of whether title to goods remains vested in Mintroom, risk shall pass to the buyer upon delivery.
10. Customer Returns
Your right of withdrawal as a consumer
If you are dissatisfied with our product or have changed your mind, you have a 14-day right of return. To exercise your right of return or cancellation, you have to contact us with your statement of withdrawal. You can use the attached returns form for help with this or contact us directly for assistance. Please notify Mintroom as quickly as possible within the 14 day return period to notify us of any changes or issues you may have.
Post: Mintroom, Mintroom Returns, Pfalzburger Straße 20, 10719 Berlin | Germany
Mintroom only accepts returns of unused products in original packaging. If the returned product is damaged or showing signs of wear, the return will not be refunded.
14 days right of withdrawal
You have the right to change your mind within 14 days of receiving your order without giving reasons.
The returns period is 14 days from the day that;
1. you or your representative has taken possession of your order, or
2. where you or a representative of you by third parties other than the carrier, has taken possession of the last item received if you have ordered several products under a single ordering and these are supplied separately;
3. you or your representative (third parties other than the carrier), has taken the last piece of a product ordered which is delivered in multiple items or parts.
Consequences of cancellation (or Effects of withdrawal)
If you return your order, we will refund all payments including delivery costs (excluding the additional costs of return other than that offered by us), and immediately refund within 14 days from the date on which the notification of your cancellation of this contract with us has been received. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in neither case will you be charged fees for this repayment.
Until we have received the returned goods, or until you have demonstrated that you have returned the goods, we may withhold the reimbursement. You have to return the goods immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. You will pay the direct cost of returning the goods.
The right to return or cancel does not apply to orders for the supply of goods which are personalised, made to order or which are clearly tailored to the personal needs of the consumer.
11. Retention of title
Until full payment has cleared, all goods remain the property of Mintroom.
12. Damage / returns
(i) The customer should inspect delivered items carefully, goods with obvious damage to the packaging or contents should be reported immediately to the courier service and to Mintroom by phone, email, fax or post.
(ii) Customers will be asked to make returns to us in the original packaging.
(iii) Orders sent by freight forwarding are strictly returned by a freight forwarder. In this case we ask you to contact Mintroom, (by phone, in writing or by email) to make suitable arrangements. We also request that to avoid damage, you refrain from making returns by parcel service because articles shipped as freight are, even in their original packaging, not suitable due to weight, fragility or size.
(iv) A failure to observe any of the above points does not restrict your right of withdrawal as a consumer. In addition, a failure to meet a claim or contact Mintroom has no effect on the legal or contractual warranty and liability claims of the customer as a consumer.
(v) If the customer is a merchant according to § 1 HGB then the duty to inspect and give notice of defects is in accordance with § 377 HGB. The goods shall be deemed approved if the customer fails to adhere to the claims procedure regulated there.
13. Final provisions
(i) The law of the Federal Republic of Germany applies. Binding regulations of the State in which customers have their habitual residence remain unaffected. In dealings with consumers within the European Union, the law of the domicile of the consumer may be applicable if it is mandatory to consumer legislation.
(ii) The validity of the United Nations Convention on contracts for the international sale of goods (CISG) is excluded, even in cross-border traffic.
(iii) The place of jurisdiction for all legal disputes is Bielefeld if the customer is a merchant or corporate body under public or private law. For the consumer not domiciled in Germany or in another country of the European Union, Bielefield is also the place of jurisdiction. In all other cases the statutory place of jurisdiction applies.
Should any provision of the terms or the other contractual agreements be or become invalid, this will not affect the validity of the remaining provisions of the contract. Replacement provisions will be the closest measured by profitability.
14. Data protection
Welcome to our website!
We place great value on your privacy and emphasise respect for your privacy. Below therefore, we inform you about the use of personal information when you use our website.
Anonymous data collection
You can visit Mintroom web sites without having to provide any personal information. We don’t store any personal information in this context. To improve our offer, we evaluate only statistical data that allow no inference on your person.
Collection, processing and use of personal data
We only collect personal data (individual details about personal or factual circumstances of a specific or specifiable natural person) to the extent provided by you. The processing and use of your personal data is only for the fulfilment and completion of your order, as well as to handle your requests. After completion of the contract, all personal data is stored taking into account tax and commercial storage periods, then deleted after this period if you have not agreed to further processing and use.
Transfer of personal data
Mintroom does not pass your data to third parties without your express consent. Only our service partners, needed for the processing of the contract, are exempt from this. In these cases, we strictly comply with the requirements of the Federal Data Protection Act. The scope of data transmission is limited to a minimum.
Our websites use so-called cookies in several places. Cookies are small text files that are stored on your computer by your browser. Cookies help to make our offers more user-friendly, effective and safe. Furthermore, cookies enable our systems to identify your browser to offer services to you. Cookies do not contain any personally identifiable information.
Access, rectification, blocking and deletion of data
At any time, you have the right to free information about your stored data, as well as the right to rectification, erasure or blocking. Contact us on request. You can find the contact details in our imprint.