TCC
Terms and Conditions with Customer Information
Table of Contents
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Scope
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Conclusion of Contract
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Prices and Payment Terms
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Delivery and Shipping Conditions
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Liability for Defects
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Redemption of Promotional Vouchers
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Redemption of Gift Vouchers
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Applicable Law and Jurisdiction
1) Scope
1.1 These Terms and Conditions of Mirelle Toronto (hereinafter referred to as “Seller”) apply to all contracts concluded between a consumer or business (hereinafter “Customer”) and the Seller regarding the goods and/or services displayed by the Seller in their online store. The inclusion of the Customer’s own terms is hereby excluded unless otherwise agreed in writing.
1.2 These Terms and Conditions also apply to contracts for the delivery of vouchers, unless expressly stated otherwise.
1.3 A “Consumer” in the context of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
A “Business” is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online store do not constitute binding offers but serve as an invitation to submit a binding offer by the Customer.
2.2 The Customer may submit the offer via the integrated online order form in the Seller’s online store. After entering their personal data and clicking the button to complete the order, the Customer submits a legally binding offer to purchase the goods and/or services in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days by:
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Sending the Customer a written order confirmation or an order confirmation in text form (email or fax), where receipt by the Customer is decisive, or
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Delivering the ordered goods, where receipt by the Customer is decisive, or
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Requesting payment from the Customer after they place the order.
If multiple of the above alternatives occur, the contract is concluded at the time the first of these events occurs.
If the Seller does not accept the Customer’s offer within the specified period, the offer is considered rejected.
2.4 If the Customer selects PayPal Express during checkout, by clicking the button to complete the order, they also issue a payment instruction to PayPal. In this case, the Seller declares acceptance of the offer at the moment the Customer initiates the payment.
2.5 The acceptance period begins on the day after the Customer sends the offer and ends after five calendar days.
2.6 When submitting an offer via the Seller’s online order form, the Seller will store the contract text and send it to the Customer together with these Terms and Conditions in text form (e.g. email). Additionally, if the Customer has created an account, the contract text will be stored in the password-protected customer account and can be accessed at any time free of charge.
2.7 Before submitting a binding order, the Customer may review and correct their entries using standard browser and keyboard functions. Before confirming the purchase, a final review window will display all details for verification and correction.
2.8 The contract language is English.
2.9 Order processing and communication take place via email and automated systems. The Customer must ensure that the provided email address is correct and able to receive messages sent by the Seller or authorized third parties. Customers must check spam filters accordingly.
3) Prices and Payment Terms
3.1 All prices displayed in the Seller’s online store include statutory VAT and other price components. Any additional shipping costs will be specified separately in the product description.
3.2 Customers may choose from the payment methods specified in the Seller’s online store.
3.3 If prepayment is agreed upon, payment is due immediately after the conclusion of the contract.
3.4 If the Customer selects PayPal, payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under the PayPal User Agreement.
3.5 If the Customer selects a payment method offered via Shopify Payments, payment processing is handled by Stripe Payments Europe Ltd., Dublin, Ireland (“Stripe”). Available payment methods will be communicated in the Seller’s online store. Stripe may use third-party payment processors, which may have their own terms. More information can be found here.
4) Delivery and Shipping Conditions
4.1 Deliveries are made to the shipping address provided by the Customer during the order process. If PayPal is used, the shipping address stored in the Customer’s PayPal account will apply.
4.2 If the shipping provider returns the goods due to an unsuccessful delivery attempt, the Customer bears the costs of reshipping.
4.3 Risk of accidental loss or damage passes to the Customer once the goods are handed over to the shipping carrier.
4.4 Self-pickup is not available for logistical reasons.
4.5 Customs duties or import fees may apply and must be paid by the Customer.
5) Liability for Defects
Statutory liability for defects applies.
6) Redemption of Promotional Vouchers
6.1 Promotional vouchers issued free of charge by the Seller with a specified validity period cannot be purchased and may only be redeemed in the Seller’s online store within the indicated period.
6.2 Some products may be excluded from voucher promotions if explicitly stated.
6.3 Promotional vouchers must be redeemed before completing the order. Retroactive application is not possible.
6.4 Only one promotional voucher can be redeemed per order.
6.5 The value of the order must be equal to or higher than the voucher amount. Any remaining balance will not be refunded.
6.6 If the order total exceeds the voucher value, the Customer may choose from any other payment methods available in the online store to cover the difference.
6.7 Voucher balances are not exchangeable for cash and do not accrue interest.
6.8 If the Customer returns goods paid partially or fully with a promotional voucher, the voucher will not be refunded.
6.9 Vouchers are non-transferable and intended solely for the individual named on them. The Seller reserves the right, but not the obligation, to verify the entitlement of the voucher holder.
7) Redemption of Gift Vouchers
7.1 Gift vouchers purchased via the Seller’s online store may only be redeemed there unless otherwise specified.
7.2 Gift vouchers and remaining balances are valid until the end of the third year after the year of purchase. Remaining balances will be credited until expiry.
7.3 Gift vouchers must be redeemed before checkout. Retroactive application is not possible.
7.4 Only one gift voucher can be redeemed per order.
7.5 Gift vouchers may be used only for purchasing products, not for purchasing additional vouchers.
7.6 If the order total exceeds the gift voucher value, the Customer may select another payment method to cover the difference.
7.7 Voucher balances are not redeemable for cash and do not earn interest.
7.8 Gift vouchers are non-transferable and intended solely for the individual named on them. The Seller reserves the right, but not the obligation, to verify the entitlement of the voucher holder.
8) Applicable Law and Jurisdiction
8.1 If the Customer is a consumer, the laws of Canada shall apply to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction for disputes arising from this contract is the Customer’s place of residence.
8.2 If the Customer is a business, the exclusive place of jurisdiction is the Seller’s registered business address.