(1) These terms and conditions apply to contracts that you enter into with us as the provider (MIKESKA LAB, Kerstin Sessler-Mikeska) via the website www.mikeska-lab.com. Unless otherwise agreed, we reject the inclusion of any terms you may use.

(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who enters into a legal transaction in the exercise of their independent professional or commercial activity.

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows: The goods you intend to purchase are placed in the „shopping cart“. You can access the „shopping cart“ via the corresponding button in the navigation bar and make changes at any time.
After clicking on the „Checkout“ or „Proceed to Order“ button (or similar designation), and entering your personal data, as well as payment and shipping details, the order summary will be displayed.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, Giropay), you will either be directed to the order summary page in our online shop or to the website of the respective payment provider.
If redirected to the payment system, you will make the appropriate selection or enter your data there.
Finally, you will be shown the order summary either on the payment provider’s website or after being redirected back to our shop.
Before submitting the order, you have the opportunity to check and modify the information in the order summary (also via the „back“ function of the internet browser) or cancel the order.
By submitting the order via the respective button („order with obligation to pay“, „buy“ / „buy now“, „order with cost obligation“, „pay“ / „pay now“ or similar designation), you declare your binding acceptance of the offer, thus forming the contract.

(4) Your inquiries for an offer are non-binding. We will make you a binding offer in writing (e.g., by email), which you can accept within 5 days (unless another deadline is specified in the offer).

(5) The processing of the order and the transmission of all information required for the conclusion of the contract is carried out by email, partly in an automated manner. You must ensure that the email address you have provided to us is correct, that email reception is technically ensured, and in particular that it is not blocked by SPAM filters.

§ 3 Special Agreements on Payment Methods
(1) Payment via „PayPal“ / „PayPal Checkout“
If you choose a payment method offered via „PayPal“ / „PayPal Checkout“, the payment processing will be done through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; „PayPal“). The specific payment methods via „PayPal“ will be displayed on our website as a correspondingly labeled button and during the online ordering process.
PayPal may use other payment services for the payment processing; if there are special payment terms, you will be separately notified of these. Further information on PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(1) You may only exercise a right of retention if the claims are related to the same contractual relationship.

(2) The goods remain our property until the full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until the full settlement of all claims from the ongoing business relationship. Prior to the transfer of ownership of the reserved goods, pledging or transferring ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale of the goods in the amount of the invoice value. We accept the assignment. You are still authorized to collect the claim. However, if you fail to meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the connection and mixing of the reserved goods with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We are obligated to release the securities to which we are entitled at your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation will only be considered agreed upon if you were informed of it prior to the conclusion of the contract and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following warranty provisions apply in deviation from the above:
a) The condition of the goods is determined solely by our own statements and the manufacturer’s product description, not other advertising, public statements, or statements by the manufacturer.
b) In the case of defects, we provide a warranty at our discretion either by repair or replacement. If the defect repair fails, you may choose between a reduction in price or cancellation of the contract. The defect repair is considered unsuccessful after a second attempt, unless something else results from the nature of the goods or the defect or other circumstances. We are not obligated to bear the increased costs of transporting the goods to a location other than the place of fulfillment, unless the transportation corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

• for damages caused by us through the violation of life, body, or health or by intentional or grossly negligent other damages;
• if we fraudulently concealed the defect or assumed a guarantee for the condition of the goods;
• for items that, according to their usual use, are used for a building and caused its defectiveness;
• in the case of statutory recourse claims that you have against us in connection with warranty rights.

(1) German law applies. This choice of law applies to consumers only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

Kerstin Sessler-Mikeska
Franz-Kirrmeier Str. 19
67346 Speyer
Germany

Phone: +4916097052882

Email: kerstin@mikeska-lab.com

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
We are not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

The technical steps for forming the contract, the contract formation itself, and the correction options are carried out according to the regulations „Formation of the Contract“ in our General Terms and Conditions (Part I).

3.1. The language of the contract is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically via the browser’s print function. After the order is received by us, the order details, the legally required information for distance contracts, and the general terms and conditions will be sent to you by email.

3.3. In the case of inquiries for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.

4.1. We have adhered to the quality criteria of the Käufersiegel of Händlerbund Management AG, viewable at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

The essential characteristics of the goods and/or services are described in the respective offer.

6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the order process, and must be borne by you, unless free