Terms of service
General Terms and Conditions
This English version is a translation for your convenience. The German version is legally binding.
§ 1 Scope
These General Terms and Conditions apply to all orders placed by consumers via the online shop mymysterybox.de.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
§ 2 Contracting party
The purchase contract is concluded with:
MyMysteryBox
Owner: Suleman Mirza
Waldstraße 5–7
56579 Bonefeld
Germany
Email: servicehotline@mymysterybox.de
Phone: +49 2684 9791880
VAT ID: DE368956891
§ 3 Conclusion of the contract
The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract.
By clicking the final order button, the customer places a binding order for the goods in the shopping cart.
Before submitting the order, the customer can check and correct their entries.
The contract is concluded as soon as we accept the order by an express order confirmation or by the shipping confirmation of the goods.
For consumer contracts, the ordering situation must make it clear that the order entails an obligation to pay. Section 312j BGB requires an order button labelled accordingly.
§ 4 Special features of mystery boxes
4.1 Random composition
The essential feature of a mystery box is that its specific content is not fully known before purchase.
The items contained are compiled within the respective product description and the category or design stated there.
Unless expressly promised otherwise in the respective product description, there is no entitlement to:
- specific individual products,
- specific brands,
- specific colours, models or variants.
Expressly promised characteristics, minimum values or contents in the respective product description remain unaffected.
4.2 Returned, remaining stock and B-grade goods
If a mystery box is expressly offered in the respective product description as returned goods, remaining stock, B-grade goods or goods with special characteristics, this will be pointed out separately before purchase.
Depending on the product description, there may in particular be deviations in packaging or visual signs of use.
Statutory warranty rights are not excluded across the board by these terms.
If a particular characteristic of an item is to deviate from the normally expected condition, this specific deviation must be communicated separately to the consumer and expressly agreed before the contract is concluded. A general reference in the terms and conditions alone is not sufficient.
§ 5 Prices and payment terms
All prices stated to consumers are total prices and include statutory VAT and other price components.
Any additional shipping costs are shown to the customer in the online shop or at the latest before the order is placed.
The available payment methods are shown to the customer during the ordering process.
The German Price Indication Ordinance requires distance sales to state the total price including VAT and to indicate any additional shipping costs and, where they can be calculated in advance, their amount.
§ 6 Delivery and shipping
Delivery is made to the delivery address specified by the customer during the ordering process.
The available delivery areas, shipping methods, shipping costs and expected delivery times are shown in the online shop or during the ordering process.
Should delivery not be possible in exceptional cases, we will inform the customer.
§ 7 Retention of title
The goods delivered remain our property until the purchase price has been paid in full.
§ 8 Statutory warranty rights
The statutory warranty rights apply.
The seller is generally obliged to hand over the goods to the buyer free of material defects and defects of title.
For mystery boxes, the mere fact that the specific content has been compiled randomly does not constitute a material defect, provided that the goods delivered correspond to the characteristics agreed in the offer and the respective product description.
For returned goods, remaining stock or B-grade goods, expressly and effectively agreed deviations in condition apply in accordance with the respective product description.
§ 9 Right of withdrawal
Consumers generally have a statutory right of withdrawal for distance contracts.
The details can be found in our separate cancellation policy, which is available at any time on mymysterybox.de.
Merely opening a mystery box does not automatically cause the right of withdrawal to expire.
However, statutory exceptions may apply to individual goods contained, for example certain sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
§ 10 Returns in the event of withdrawal
The details of returns after exercising the statutory right of withdrawal can be found in our cancellation policy.
Provided the consumer has been properly informed, they bear the direct costs of the return.
§ 11 Liability
We are liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health.
Mandatory statutory liability, in particular under product liability law, remains unaffected.
In all other respects, the statutory provisions apply.
§ 12 Contract language
The language available for concluding the contract is German.
§ 13 Final provisions
The law of the Federal Republic of Germany applies.
For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
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