Terms of service
1. SCOPE
1.1 CONTRACTUAL PARTNER
These General Terms and Conditions ("GTC") apply to the use of our websites accessible at www.mikksdrinks.com (including associated subdomains and subfolders) ("websites"), particularly our online shop accessible there ("online shop") and all purchase contracts concluded via the online shop between you, our customer who is at least eighteen (18) years old, and us, Mikks AG, Zahnradstrasse 22, CH-8005 Zurich, for orders and deliveries within the Swiss economic area, or with Mikks International GmbH, Hermann-Reichelt-Str. 3, DE-01109 Dresden, for all orders and deliveries within the European Union. The company is represented by the board of directors Fabian Gysling and Manuel Vaziri, registered in the commercial register of the Canton of Zurich, Switzerland, under CHE-484.257.423 and in the German commercial register under HRB 107738 (hereinafter referred to as "we", the contractual partner/seller).
Email: info@mikksdrinks.de
Phone: +41 (0) 44 552 97 70
Availability: Mon–Fri 9:00–12:00 / 13:00–16:00
Swiss VAT ID of Mikks AG: CHE-484.257.423 MWST
German VAT ID of Mikks International GmbH: DE347151512
The version of the GTC valid at the time of contract conclusion is binding. Deviating general terms and conditions of the customer are not recognised unless we expressly agree to their applicability in writing.
1.2 CONSUMER
The offers in our online shop are directed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (§ 13 German Civil Code - "BGB"). Conversely, a business customer is any natural or legal person or a partnership with legal capacity that, when entering into a contract, acts in the exercise of their trade or profession (§ 14 BGB).
2. CONTRACT CONCLUSION
2.1 MINIMUM ORDER VALUE; CONSUMER-APPROPRIATE ORDER QUANTITY
We may only consider orders above a certain minimum order value. If applicable, the minimum order value is shown in the price information in our online shop. Orders may only be placed in quantities typical for consumers. This limit is exceeded if you order more than 10 units of the same item in a single order or in three (3) consecutive orders.
2.2 REGISTRATION OF A CUSTOMER ACCOUNT
2.2.1 CREATION
You may register a customer account in our online shop, which you can log into using the credentials you selected and manage independently. You are required to provide complete and accurate information during registration. Your customer account is non-transferable and you may not create more than one. Rental or lending of your account is not permitted. There is no entitlement to registration.
2.2.2 SECURITY
You are solely responsible for maintaining the confidentiality of your password. This includes keeping it secret and not disclosing it to third parties. If your password becomes known to unauthorised persons, you must change it immediately. We are not liable for any damage resulting from password theft that is not our fault, password disclosure by you, or third-party access using your credentials. You must notify us immediately of any unauthorised password use.
2.2.3 DEACTIVATION
You can request deactivation of your customer account by contacting our customer service via email. The account will then be deactivated and this cannot be reversed. Any outstanding payment obligations remain unaffected.
2.3 ORDER PROCESS
Displaying and advertising products in the online shop does not constitute a binding offer to enter into a sales contract. You can select products and collect them in a shopping cart via the “Add to cart” button. By clicking “Buy now”, you submit a binding offer to purchase the items in the cart. Before submitting your order, you can correct input errors using the correction tools provided. By submitting your order via the “Buy now” button, you make a legally binding declaration. Your request can only be submitted if you accept these GTC, acknowledge the right of withdrawal for consumers, and confirm you have read our privacy policy by ticking the relevant checkbox.
2.4 CONTRACT FORMATION
You will receive an automatic confirmation email listing your order. This does not yet constitute acceptance. The purchase contract is concluded only once we issue an order confirmation/shipping confirmation email. In this or a separate email, or at the latest upon delivery, we will send you the contract text (order, GTC, confirmation) on a durable medium (email or printout). The contract text is stored in compliance with data protection. If you have a registered customer account, you can view past orders there. Registration is not a prerequisite for ordering.
3. CONSUMER RIGHT OF WITHDRAWAL
You generally have a legal right of withdrawal in distance selling, which is detailed below (section 3.1). Exceptions are listed in 3.3. A sample withdrawal form is provided in 3.4.
3.1 WITHDRAWAL INSTRUCTION
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last item.
To exercise your right, you must inform us:
For orders from Switzerland: Mikks AG, Zahnradstrasse 22, CH-8005 Zurich
For orders from the EU: Mikks International GmbH, Hermann-Reichelt-Str. 3, DE-01109 Dresden
Email: info@mikksdrinks.com
Phone: +41 (0) 44 552 97 70
Availability: Mon–Fri 9:00–12:00 / 13:00–16:00
via a clear declaration (e.g. by letter, fax or email). You may use the attached withdrawal form, but it is not mandatory. Sending the notice before the deadline suffices.
Consequences of withdrawal
If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except additional costs for a different delivery method), without undue delay and within fourteen days from receipt of your withdrawal. We use the same payment method used in the original transaction unless agreed otherwise. No fees will be charged for the refund. We may withhold the refund until we have received the goods back or you provide proof of return. You must return the goods within fourteen days of informing us of the withdrawal. You bear the direct return shipping costs. You are only liable for any diminished value if due to handling beyond necessary inspection.
3.2 RETURN
If you withdraw from the contract, you can return the items at your own cost. If you have questions, contact our customer service at +41 (0) 44 552 97 70. Attach the return label to the parcel and drop it off at your post office. Alternatively, you can return the goods carriage unpaid.
3.3 EXCLUSION OF THE RIGHT OF WITHDRAWAL
Unless otherwise agreed, the right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons if the seal has been removed after delivery.
3.4 SAMPLE WITHDRAWAL FORM
According to the legal requirements:
Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and send it back.)
For orders from Switzerland:
Mikks AG, Zahnradstrasse 22, CH-8005 Zurich, Email: info@mikksdrinks.com
For orders from the EU:
Mikks International GmbH, Hermann-Reichelt-Str. 3, DE-01109 Dresden, Email: info@mikksdrinks.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service ()
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if submitted on paper)
Date
(*) Delete as appropriate.
4. DELIVERY
4.1 DELIVERY RESTRICTIONS
We only deliver to consumers with a delivery address in Switzerland or the EU. Shipping is done exclusively by postal services. In the case of withdrawal, you bear the direct return shipping costs.
4.2 DELIVERY TIMES
Delivery times begin upon order confirmation and receipt of payment (except for invoice payments). For advance bank transfers, delivery time starts the day after you instruct the transfer. Unless otherwise indicated, delivery takes a maximum of 30 days.
4.3 PRODUCT AVAILABILITY
If the item is unavailable at the time of your order, we will inform you immediately. If items are temporarily or partially unavailable, you will also be notified. If the item is permanently unavailable, we will not accept the order and no contract will be formed. If you chose prepayment and payment is not received within thirty (30) days, your order will be deleted.
If you ordered several items with different delivery times or temporary unavailability, we will (unless agreed otherwise) ship everything together. In that case, the item with the longest delivery time determines the overall delivery time, unless the wait is unreasonable — in which case we will contact you to discuss next steps.
5. RETENTION OF TITLE
Until full payment is received, the delivered goods remain our property.
6. PRICES AND SHIPPING COSTS
All prices shown during checkout include the statutory VAT (indicated separately). Shipping costs are displayed before you place your order and must be paid unless you exercise your right of withdrawal. Risk of shipping lies with us. In the event of a return, you must bear the return costs.
7. PAYMENT TERMS
7.1 DUE DATE
The purchase price is due immediately upon conclusion of the contract. If a payment date is fixed by calendar, you will be in default if the date is missed. In this case, we charge interest of 5% above the base rate per year. Further damage claims remain unaffected.
7.2 PAYMENT METHODS
Available payment methods are listed in the checkout process. We reserve the right to exclude specific methods or require prepayment. In case of default, we may charge 5% annual interest and a reminder fee of up to CHF 20 (for CH residents) or EUR 20 (for EU residents) per reminder.
8. WARRANTY
We are liable for material defects according to statutory regulations (§ 434 ff. BGB for EU customers; Art. 208 & 215 OR for CH customers). Additional warranties only apply if explicitly stated in the order confirmation.
9. LIABILITY
9.1 GENERAL
Claims for damages are excluded except for injury to life, body or health, or breach of essential contractual obligations ("cardinal obligations"), and for damages due to gross negligence or intent by us or our legal representatives or agents.
9.2 CARDINAL OBLIGATIONS
For breaches of essential contractual obligations, liability is limited to typical, foreseeable damages unless these result from injury to life, body or health.
9.3 LEGAL REPRESENTATIVES, AGENTS; FRAUD; PRODUCT LIABILITY
The limitations above also apply to our representatives and agents. They do not apply if we have fraudulently concealed defects or assumed a guarantee. Product Liability Law remains unaffected.
10. VOUCHERS
If we provide vouchers (e.g., promo codes), they can only be redeemed once per order, cannot be combined, and may be subject to a minimum order value. Discounts do not apply to reduced items. Any unused balance is forfeited. Cash payouts are not possible. Product samples are provided while supplies last.
11. FREE PRODUCT ADDITIONS ("GOODIES")
We may offer free goodies with orders, possibly subject to a minimum order value. Availability is limited and shown in the checkout process. You must add them to your cart to receive them. No right to receive them exists post-order. No cash alternatives are offered.
12. SET-OFF; RETENTION RIGHTS
You may only set off claims if they are legally established or undisputed. You may only exercise retention rights if they relate to the same purchase contract.
13. DISPUTE RESOLUTION
The EU Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in consumer dispute resolution proceedings in Germany.
14. CUSTOMER SERVICE
For questions or complaints, contact our customer service Mon–Fri 9:00–12:00 / 13:00–16:00 at +41 (0) 44 552 97 70 or info@mikksdrinks.com.
15. COPYRIGHT
All images, photos, videos and texts on our websites are copyright protected. Use without prior written consent is prohibited.
16. SUPPLEMENTARY CONDITIONS FOR WEBSITE USAGE
Use of our website and its services is subject to the following terms. Do not use our services unless you accept them. Availability is not guaranteed. Technical issues or maintenance may limit access. Services are best accessed via PC with DSL or equivalent. Limited functionality may occur on other devices. We take care in providing content but cannot guarantee accuracy, completeness or timeliness. Data security outside our control and risk of data loss over the internet are not our responsibility.
17. APPLICABLE LAW
Contracts with EU residents ordering within the EU are governed by German law, excluding CISG. Mandatory consumer protection laws of your country of residence remain unaffected.
Contracts with CH residents for Swiss orders are governed exclusively by Swiss substantive law, excluding conflict of law rules and CISG.
18. SEVERABILITY CLAUSE
If any part of these GTC is deemed unlawful or unenforceable, the remaining provisions remain valid and enforceable.
19. CHANGES TO THE GTC
The latest version is always available on this page. We reserve the right to update or modify parts of these GTC at any time by posting changes online. You are responsible for checking the website for updates. Continued use of our website or services following changes constitutes acceptance.
Version dated: 28.03.2023, updated 25.05.2025