Terms of service

This English version is a translation for your convenience. In case of doubt, the German version applies.

Scope

These terms and conditions apply to all purchases from Merima Besic-Krüger made by private customers.

Private customers within the meaning of these terms are consumers, that is, persons whose order cannot be attributed to their commercial or self-employed professional activity.

For courses and workshops, the Terms of Participation apply in addition.

Prices and shipping costs

The prices shown are final prices. The amount shown at the time of the binding order applies. Shipping costs are added; they depend on the shipping method and on the size and weight of the goods you order. Details of the shipping costs are shown in the shopping cart. We bear the regular costs of the return shipment that arise when you return the goods in exercise of your right of withdrawal. If you exercise your right of withdrawal, we also refund the shipping costs.

Payment

Payment is made when you place your order. You can use the payment methods shown at checkout, for example credit card, PayPal, Klarna, Apple Pay, Google Pay, Bancontact and Shop Pay.

Default in payment

If you are in default of payment, Merima Besic-Krüger is entitled to charge default interest of 5 percentage points per year above the base interest rate published by the Deutsche Bundesbank for the time of the order. If Merima Besic-Krüger can prove that the default has caused her greater damage, she is entitled to claim it.

Right of retention

The customer may exercise a right of retention only where the counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address given by the customer, in the countries that can be selected at checkout.

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other performance permanently impossible, Merima Besic-Krüger is released from her obligation to perform. Merima Besic-Krüger will refund amounts already paid without delay.

(3) Merima Besic-Krüger may also refuse performance where it would require an effort that, having regard to the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance of the purchase contract. Merima Besic-Krüger will refund amounts already paid without delay.

Returns

(1) When returning goods, please use the original packaging where possible, even if it was damaged when it was opened.

(2) Please announce a return in advance by e-mail to info@merimabesickrueger.com. We will then give you the return address and arrange the return shipment or send you a return label. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the additional costs compared with an inexpensive shipping method.

Retention of title

The goods delivered remain the property of Merima Besic-Krüger until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not grant third parties any contractual right to use the goods.

Copyright

With your purchase you acquire ownership of the work. The copyright and all rights of use remain with Merima Besic-Krüger. This applies in particular to the right to reproduce, distribute and publicly communicate the work, unless the law permits otherwise.

Commissioned works

Works that are made to your wishes (commissioned works) are excluded from the right of withdrawal. Details are set out in the withdrawal policy.

Rights in case of defects

(1) If a product is already defective on delivery (warranty case), Merima Besic-Krüger will, at the customer's choice and at her own expense, replace it with a product free of defects or have it properly repaired (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality when the risk passed. In particular, there is no warranty case:

a) for damage caused at the customer's premises by misuse or improper use,

b) for damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, moisture, direct sunlight, fire).

(2) Merima Besic-Krüger also gives no warranty for a defect caused by improper repair or restoration by third parties.

(3) If the type of subsequent performance requested by the customer (replacement or repair) requires an effort that, in view of the price of the product and having regard to the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance – taking into account in particular the value of the purchased item in a defect-free condition, the significance of the defect and whether the other type of subsequent performance can be used without significant disadvantage to the customer – the customer's claim is limited to the other type of subsequent performance. The right of Merima Besic-Krüger to refuse this other type of subsequent performance as well, under the condition stated above, remains unaffected.

(4) Both for repair and for replacement, the customer is obliged to send the product, at the expense of Merima Besic-Krüger and stating the order number, to the return address she specifies.

(5) If the customer sends in the goods to receive a replacement, the return of the defective product is governed as follows: where the customer was able to use the goods in a defect-free condition between delivery and return, the customer must reimburse the value of the benefits derived from that use. The customer must pay compensation for value for any loss or further deterioration of the goods not caused by the defect, and for any impossibility of handing back the goods not caused by the defect, in the period between delivery and return of the goods. The customer does not have to pay compensation for deterioration of the goods caused by their intended use. The obligation to pay compensation for value on the return of a defective product in a warranty case also does not apply:

a) if the defect giving the right to rescind the contract only became apparent during processing or transformation,

b) if Merima Besic-Krüger is responsible for the deterioration or loss, or the damage would also have occurred in her hands,

c) if the deterioration or loss occurred in the customer's hands although the customer observed the care they usually take in their own affairs.

(6) The customer's liability for damages for a breach of the obligation to return the goods for which the customer is responsible is governed by the statutory provisions.

(7) The customer may, at their choice, withdraw from the contract or reduce the purchase price if repair or replacement has not brought the product into conformity with the contract within a reasonable period.

(8) The statutory warranty of Merima Besic-Krüger ends two years after delivery of the goods. The period begins on receipt of the goods.

Liability

(1) In cases of slight negligence, Merima Besic-Krüger is liable only for breach of essential contractual obligations, and her liability is limited to foreseeable damage. This limitation does not apply to injury to life, body or health. Merima Besic-Krüger is not liable for other damage caused through slight negligence by a defect in the purchased item.

(2) Irrespective of any fault on the part of Merima Besic-Krüger, her liability for fraudulent concealment of a defect or under a guarantee she has given remains unaffected.

(3) Merima Besic-Krüger is also responsible if delivery becomes impossible by chance while she is in default, unless the damage would also have occurred if delivery had been made on time.

(4) The personal liability of the legal representatives, vicarious agents and employees of Merima Besic-Krüger for damage they cause through slight negligence is excluded.

Applicable law

The contract concluded between you and Merima Besic-Krüger is governed exclusively by the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.

Place of jurisdiction

If, contrary to the information you gave when ordering, you have no place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after the contract is concluded, or if your place of residence is not known at the time an action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Eindhoven.

Dispute resolution

Information on alternative dispute resolution under Section 36 of the German Consumer Dispute Resolution Act (VSBG): we are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, the validity of the rest of the contract is not affected, provided that neither contracting party is unreasonably disadvantaged as a result.

(2) Amendments or additions to this contract must be made in text form.