Orders accepted by Murimari, trading as www.murimari.com implies the preliminary acceptance of these general conditions by the Customer. The Customer acknowledges that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, as the consumer wishes to order on line the products presented in the shop.
Article 1: Objectives
The present general conditions aim at defining the rights and obligations of the parties within the framework of the on-line sale of goods and services at murimari.com.
All orders are to be from the legal entity/parties the trading account was set up for. Murimari accepts these orders in writing in good faith in the belief they are true and correct.
Article 2: Identification
Author and property of the site: Marie-Amelie Masnou, Siegfriedstrasse 13, D-71139 Ehningen
Email: murimari @ murimari.com
Access to the shop on line: www.murimari.com
Because of the status of our small individual business (Befreiung für Kleinunternehmer - gemäß § 19 ABS. 1 UStG), it is not possible for us to deduce the V.A.T.
Article 3: Goods or services offered
Murimari presents its products to be sold with the essential characteristics of the exposed products. The products on sale are of variable nature and Murimari reserves the right to modify the set of the products regularly.
Products offered d by Murimari are valid only within the limit of stocks available.
Specifications and performance data are stated to be correct to the best of Murimari's knowledge but the Company accepts no responsibility for errors in such specifications and performance data provided or given.
Photographs, texts, graphics information and characteristics illustrating the products of the shop are not contractual. Consequently, Murimari is not responsible in the event of error or of omission in one of these photographs, texts or graphics information or characteristic of the products.
Murimari could not be held for responsible in the event of unavailability or out-of-stock condition of the product, disturbance or another case of absolute necessity. Murimari will not carry any responsibility for all consequential damages, losses, damage or expenses, which could occur after purchase of its products.
Article 4: Contractual conditions
4.a. Validation and acceptance of the orders by electronic way:
All orders are to be from the legal entity/parties the trading account was set up for.
Purchase order received by e mail and accepted by the Customer constitutes an irrevocable acceptance which can be questioned only in the cases under the present general conditions of sale like "right of retractation" and "out-of-stock condition".
4 .b.Confirmation of order:
Contractual orders will be confirmed by written email. In respect of the Customer's obligation to make payment for goods sold by Murimari to the Customer, time shall be of the essence for the entire contract.
The orders will be processed and shipped to the Customer only after reception and recovery of the full amount due.
Payments shall be deemed to have been made - if a cheque (bank or otherwise) or other negotiable is tendered - on date upon which such cheque or other negotiable instrument is negotiated and cleared by the Company's bankers. The Customer acknowledges that any costs incurred due to uncleared funds will be passed on to the Customer.
The filing of the purchase orders and the invoices is carried out on a reliable and durable computerized support being able to be produced by way of proof. Murimari could not be responsible for all losses of data, files or of the damage on the data of the transactions.
Article 5: Pricing
Prices are indicated in Euros and orders will be accepted at the prices in effect at the date of shipment.
Prices shown do not include shipment costs, charged in addition and indicated before final acceptance of the purchase by the Customer.
Prices are subject to change without notice. Murimari's price list shall not be construed or operate as an offer or obligation to sell but shall be an invitation to treat only and the Company reserves the right to accept or reject in its absolute discretion any orders which may be received by it.
Total payment is due at final confirmation of the order.
Because of the status of our small individual business (Befreiung f?r Kleinunternehmer - gem?ss ? 19 ABS. 1 UStG), it is not possible for us to deduce the V.A.T.
Article 6: On-line Contract
Before confirming its acceptance of the offer, the Customer must check the detail of its order, total price including all taxes and it then has the possibility of correcting possible errors before final validation of its order.
The Customer acknowledges that it is their full responsibility to advise the Company of any changes to any of the details relating to the trading entity and the trading account. This would include but not limited to business address or details advice must be received immediately the change takes effect. The Customer acknowledges that failure by them to advise the Company of any change does not in any way limit the Company's right to pursue full payment or recovery the need arise due to a breach in any of the Terms and Conditions of Sale.
The contract will be concluded definitively between the two parties when the Customer reiterates the acceptance of the contract by the process of the double click (first one to place order and a second to confirm it) the present general conditions come into effect at the date of reception and acceptance of the purchase order.
Article 7 : Payment
The Customer can pay his goods via Paypal payment.
The Customer acknowledges that he has all necessary authorization to use this form of payment to Murimari once the order is processed.
The Company Murimari has the rights to refuse to ship an order if the Customer has not fully paid a previous order, or if this Customer is recognized to have litigation regarding payments.
The Customer is advised that Murimari cannot be held responsible for misuse by third-parties of the Customer's payment option.
Murimari keeps the entire proprty of the goods ordered until full payment by the Customer of his order, including all additional fees and taxes.
Article 8 : Acceptance and returns
The Customer shall inspect the goods forthwith upon delivery and shall within 15 days from the date of delivery give written notice to the Company of any matter or thing by reason whereof the Customer alleges that the goods are not in accordance with the Contract. If the Customer fails to give such notice then to the extent permitted by statute the goods shall be deemed to have been accepted by the Customer and the Customer shall pay for the goods in accordance with the provision hereof.
The Company will credit returned goods (value of the goods without shipment) only if they are in a saleable condition. Returned documents must quote the original delivery docket or invoice number and reason for return. Freighting costs for authorised returns are at the Customer's expense.
The Customer has the possibility to request credit for returned goods by payment or credit on Murimari's e-shop. Shipment costs are at the Customer's expense.
Article 9 : Delivery
All orders are to be from the legal entity/parties the trading account was set up for. Purchase order received by e mail and accepted by the Customer constitutes an irrevocable acceptance.
Availability of goods being clearly stated on the e-shop, unavailability of any product shall never engage Murimari's responsibility.
Every effort will be made to ensure prompt delivery of goods ordered. However Murimari cannot accept responsibility for delivery delays.
If the goods ordered are available on stock, the shipment will follow in the next five working days after payment has been received by Murimari. The Customer will be notified via email about the imminence of the shipment.
In case a product ordered cannot be realized in an acceptable timeframe by the Customer (more than thirty days), mainly because of shortage of raw material, the Customer will be informed as quickly as possible and he will have the possibility to cancel his order.
Products will be delivered to the address indicated by the Customer when validating his order.
The Customer acknowledges that it is their full responsibility to maintain or advise the Company of any changes to any of the details relating to the trading entity and the trading account. Murimari cannot be held responsible for wrong information entered by the Customer resulting in delays or shipment errors. All additional expenses engaged for reexpediting the order will be entirely charged to the Customer.
Murimari could not be held for responsible in the event of delay, disturbance or another case carried by the shipping companies. Murimari will not carry any responsibility for all consequential damages, losses, damage or expenses, which could occur after purchase of its products. The Customer is responsible to check the state of packaging and in the event of damages due to transportation, the Customer must claim the damages to Murimari in two working days after reception of the goods.
Article 10 : Risk and Insurance
Upon delivery to the Customer the goods shall be at the risk of the Customer and the Customer shall, at its own costs, insure the goods (in its name and in the name of the Company) against all risks for which a prudent owner would insure his goods and for their full replacement value.
Article 11 : Privacy
Murimari e-hope site uses an order form allowing the Customer to request information, products and services. Contact information (email address, telephone number, address, etc.) is also used to get in touch with the Customer when necessary and allows trading between the parties.
The Customer has access to modify the information stored in the shop database. For any request, the Customer shall write via email to Murimari at murimari @ murimari.com or send mail to Murimari, Marie-Amelie Masnou, Siegfriedstrasse 13, D-71139 Ehningen.
Article 12 : Hyperlinks
Hyperlinks may refer to third party web sites for which Murimari declines any responsibility for their content and respect to the rules and laws in place.
Article 13 : Litigation
In a case of litigation, the Customer will primarily contact Murimari to solve the dispute.
Article 14 : Copyright
All texts, comments, photographs or images present on murimari.com are property of Murimari and protected,