General Terms and Conditions (GTC) – version of 29 October 2026

This translation is provided for information only. Only the German version is legally binding. Read the German version

1. Scope and supplier

These General Terms and Conditions apply to all contracts for the supply of goods from the online shop and to all other orders between Oliver Schmid, trading under the business name “Mystic Maya”, Sophienstraße 6, 60487 Frankfurt am Main, Germany (hereinafter “Mystic Maya”), and the customer.

These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code) who act in the exercise of their commercial or independent professional activity and purchase the goods for commercial resale. Mystic Maya’s offer is aimed in particular at resellers in the jewellery, fashion and gift trade. Contracts with consumers are excluded.

Deviating or supplementary terms and conditions of the customer only become part of the contract if Mystic Maya has expressly agreed to their validity in text form. This also applies if Mystic Maya carries out a delivery without reservation in the knowledge of deviating terms.

The version of these GTC incorporated at the time the contract is concluded applies.

2. Customers and registration

Mystic Maya’s offer is aimed exclusively at entrepreneurs in the jewellery, fashion and gift trade who purchase the goods offered for resale in the course of their commercial or independent professional activity. No contracts are concluded with consumers within the meaning of § 13 BGB or with entrepreneurs outside the trades named.

Viewing prices and placing orders require prior registration and activation by Mystic Maya. There is no entitlement to registration or activation. Mystic Maya may reject registrations without giving reasons.

Mystic Maya is entitled to request suitable proof of the customer’s status as an entrepreneur and of their trade before or after activation. Suitable proof includes in particular a trade registration (Gewerbeanmeldung), an extract from the commercial register, a VAT identification number or comparable foreign proof of business.

If the requirements for participating in B2B trade cease to apply or the customer’s details prove to be incorrect, Mystic Maya is entitled to block or close access to the customer account. Contracts already concluded remain unaffected.

By registering, the customer warrants that they meet the requirements for participating in B2B trade. The customer is obliged to keep their details up to date and to protect their access data against access by unauthorised third parties.

3. Conclusion of contract

The presentation of our goods in the online shop, in price lists and in catalogues does not constitute a binding offer.

By submitting an order, the customer makes a binding offer to conclude a purchase contract. An automatically sent acknowledgement of receipt merely documents that the order has been received and does not yet constitute acceptance of the offer.

The contract is concluded by Mystic Maya’s order confirmation in text form, in particular by e-mail, or by delivery of the goods ordered. Mystic Maya is entitled to reject orders in whole or in part. Payments already made for orders that are not accepted will be refunded.

The parties agree that the obligations under § 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB are waived to the extent permitted by law in accordance with § 312i (2) BGB. Mandatory statutory information obligations and the obligation to make the contractual terms, including these GTC, available to the customer at the time the contract is concluded so that they can be retrieved and stored remain unaffected.

The contract text is stored by Mystic Maya. The order data are made available to the customer with the order confirmation or in a separate order overview.

4. Prices and VAT

All prices are net prices in euros plus the VAT legally due in each case and the shipping costs incurred, unless expressly stated otherwise.

The VAT treatment is governed by the statutory provisions and the circumstances of the delivery in question. A tax-exempt intra-Community supply or export supply only takes place if its statutory requirements are met and the necessary evidence is available.

The prices shown in the order confirmation are decisive for the order in question. The confirmed price applies to stock goods.

For goods that are not in stock at the time of the order confirmation and first have to be procured or manufactured, Mystic Maya reserves the right to adjust the confirmed price if, after the contract has been concluded, significant procurement or manufacturing costs directly related to the item increase and Mystic Maya is not responsible for these cost increases.

Objective criteria include in particular changes in the price of silver, of other raw materials used, of relevant exchange rates and of customs and freight costs directly related to the item. The decisive factor is the verifiable costs at the time of the order confirmation compared with the corresponding costs at the time of procurement or manufacture.

The price adjustment may only correspond to the extent of the actual increase in the eligible costs. Cost reductions in the factors named must be taken into account appropriately in the calculation. The calculation is based on the cost items concerned and their share of the price of the item in question. General increases in profit or costs not directly related to the item may not be used as the basis for a price increase.

Mystic Maya informs the customer of an intended price adjustment in text form before delivery. The notification states the items concerned, the previous and the adjusted price and a comprehensible explanation of the underlying cost changes and of the calculation.

If the price increase does not exceed the cost increase determined in accordance with the above criteria, the customer may withdraw from the contract in respect of the items concerned in text form within seven calendar days of receiving the notification. In this case, payments already made for these items will be refunded. In all other respects, the statutory rights of both parties remain unaffected.

For stock goods and for goods whose confirmed price cannot be adjusted under this clause, the agreed price remains binding.

5. Payment, minimum order value and small-order surcharge

A customer’s first order is fulfilled against advance payment only. The minimum order value for the first order is €300.00 net value of goods.

Follow-up orders are generally delivered on account. There is no minimum order value for follow-up orders. Invoices are due for payment without deduction within 14 days of the invoice date.

If there are justified doubts about the customer’s ability to pay or if payments are in arrears, Mystic Maya is entitled to make further deliveries conditional on full settlement of outstanding claims or on advance payment.

If the value of goods of a follow-up order is below €100.00 net, a small-order surcharge of €5.00 net is charged. The surcharge is shown separately on the invoice.

Payments are made by bank transfer to the account stated on the invoice. Payment is on time when the full invoice amount has been received in the account stated. Any bank and transfer charges incurred by the customer are borne by the customer.

6. Shipping and shipping costs

Within Germany, excluding German islands, Mystic Maya charges a flat shipping rate of €6.00 net per order. From a value of goods of €300.00 net, delivery within Germany is free of shipping costs.

For deliveries to German islands and abroad, in particular to other member states of the European Union and to Switzerland, the applicable shipping costs are charged. No free-shipping threshold applies to these deliveries. The shipping costs incurred are communicated to the customer before the contract is concluded.

Goods are shipped insured with a shipping service provider selected by Mystic Maya, in particular DHL, DPD, UPS or a commissioned shipping service provider or parcel broker.

In the case of a sale involving carriage of the goods, the risk of accidental loss and accidental deterioration of the goods passes to the customer in accordance with the statutory provisions. Where the requirements of § 447 BGB are met, the risk passes when the goods are handed over to the shipping service provider.

For deliveries to other EU member states and to Switzerland, the customer bears the import duties, import VAT, customs clearance fees and other import costs, insofar as these are to be borne by the customer under the agreed delivery model and the statutory provisions.

Deliveries to Switzerland are generally made duty unpaid and without Mystic Maya assuming the Swiss import duties, unless expressly agreed otherwise. The customer is responsible for the import formalities and for paying the import duties to be borne by them.

Deviating delivery terms, in particular delivery including customs clearance and import duties, require an express agreement. The specific shipping and delivery terms are communicated to the customer before the contract is concluded.

7. Delivery times and part deliveries

Stated delivery times are non-binding guide values unless a binding delivery date has been expressly agreed in text form.

The following apply as non-binding guide values:

• Stock goods: approx. 2 weeks.
• Goods that first have to be procured or manufactured: approx. 10 weeks.

The delivery time begins when the contract is concluded. If advance payment has been agreed, it begins when the full payment has been received.

If a non-binding delivery time is exceeded, the customer is entitled to set Mystic Maya a reasonable additional period for delivery. Once the additional period has expired without result, the customer’s rights are governed by the statutory provisions.

Claims for damages due to delays in delivery are governed by the statutory provisions and the liability provisions of these GTC.

Mystic Maya is entitled to make reasonable part deliveries, provided this can reasonably be expected of the customer, taking into account the nature of the goods and the purpose of the contract. The individual part deliveries may be invoiced separately.

8. Obstacles to performance and self-supply

In the event of force majeure or other unforeseeable obstacles to performance for which Mystic Maya is not responsible, in particular natural events, epidemics, war, strikes, official measures and significant disruptions at manufacturers, suppliers or transport companies, agreed delivery periods are extended by the duration of the obstruction plus a reasonable start-up period.

If the obstacle to performance is not merely temporary and delivery thereby becomes permanently impossible or unreasonable, both parties are entitled to withdraw from the contract in respect of the goods concerned that have not yet been delivered. In this case, payments already made for goods not delivered will be refunded.

For goods that Mystic Maya does not hold in stock itself but procures from third parties or has manufactured, the delivery obligation is subject to correct and timely self-supply, provided that Mystic Maya is not responsible for the non-delivery and a corresponding covering transaction has been concluded.

If, despite a proper order and reasonable efforts, Mystic Maya is not supplied or not supplied in time, Mystic Maya informs the customer without undue delay. Payments already made for the goods that cannot be delivered will be refunded. Further claims are governed by the statutory provisions and the liability provisions of these GTC.

9. Nature of the goods and handmade jewellery

The products are generally made of 925 silver alloy, unless the product description in question states otherwise. The range is made by hand. Handmade products may show slight deviations in shape, dimensions, weight, surface and colour that are typical of the material and the manufacture. Such deviations do not constitute a defect, provided they lie within the agreed or customary tolerances of the trade and do not impair the agreed quality.

The quality of the goods is determined by the product description in question and the expressly agreed properties, in particular details of material, silver fineness, plating and dimensions.

Ring sizes and dimensions may deviate slightly within the agreed or customary tolerances of the trade.

Silver may discolour or tarnish naturally as a result of environmental influences, storage and use. The natural tarnishing of silver does not in itself constitute a defect.

The above notes do not restrict the customer’s statutory rights in respect of defects in the case of actual material defects, incorrect alloy information or other deviations from the agreed quality.

10. Product safety and manufacturer obligations

We meet the statutory product safety requirements applicable to our products and provide the manufacturer information and product identification required in each case.

When reselling, the customer must observe the product information, warnings and safety information provided by us and, where required by law, pass them on to their buyers.

Existing product markings, identifying features and safety information may not be removed, altered or made illegible unless this is permitted by law.

The customer informs us without undue delay of any safety defects, safety incidents or official complaints concerning our products that come to their attention.

The customer’s statutory obligations as an economic operator and our statutory manufacturer obligations remain unaffected. The provisions of this section do not exclude or limit any mandatory statutory obligations.

11. Notice of defects and rights in respect of defects

Insofar as § 377 HGB (German Commercial Code) applies to the transaction in question, the customer must inspect the goods without undue delay after delivery in the ordinary course of business and notify recognisable defects, shortfalls in quantity and transport damage without undue delay. Hidden defects must be notified without undue delay after their discovery. If notification is omitted or late, the statutory consequences of § 377 HGB apply.

Complaints must be addressed to Mystic Maya in text form, stating the invoice number, the items concerned and a description of the defect.

Returns must be agreed with Mystic Maya in advance. The return must be made stating the invoice number. Returns that have not been agreed may delay processing; statutory rights in respect of defects remain unaffected.

In the case of justified defects, subsequent performance takes place in accordance with the statutory provisions. Within the statutory framework, Mystic Maya is entitled to choose the type of subsequent performance. If subsequent performance fails, is refused or is not required by law, the customer may reduce the purchase price or withdraw from the contract in respect of the goods concerned in accordance with the statutory provisions.

Claims for damages are governed by section 14 of these GTC and the statutory provisions.

The customer’s statutory rights of recourse, in particular under §§ 445a and 478 BGB, remain unaffected, provided their requirements are met.

12. Retention of title and resale

The goods delivered remain the property of Mystic Maya until all present claims arising from the business relationship with the customer have been paid in full.

The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, in particular in bricks-and-mortar retail, through their own online shop, through online marketplaces or through social media.

The customer hereby assigns to Mystic Maya the claims arising from the resale of the goods subject to retention of title in the amount of the respective invoice amount of Mystic Maya, including the statutory VAT. Mystic Maya accepts this assignment.

The customer remains entitled to collect the assigned claims as long as they properly meet their payment obligations towards Mystic Maya and Mystic Maya has no legitimate interest in taking over the collection. In the event of late payment or a significant risk to the claims, Mystic Maya is entitled to revoke the collection authorisation and to collect the assigned claims itself. In this case, the customer must provide the information required for collection.

Pledging the goods subject to retention of title or transferring them by way of security is not permitted. The customer must notify Mystic Maya without undue delay of any access by third parties to the goods subject to retention of title or to assigned claims.

If the realisable value of the existing securities exceeds Mystic Maya’s secured claims by more than 10 per cent, Mystic Maya will release securities of its own choice at the customer’s request.

13. Late payment and set-off

In the event of late payment, the statutory default interest for transactions between entrepreneurs applies. Mystic Maya is also entitled to claim the statutory lump sum for late payment under § 288 (5) BGB and further damage caused by default in accordance with the statutory provisions.

In the event of late payment, Mystic Maya is entitled to make further deliveries conditional on the settlement of claims due or on advance payment.

The customer may only set off counterclaims that are undisputed or have been finally established by a court. This does not apply where mandatory statutory exceptions exist, in particular in the case of counterclaims that arise from the same contractual relationship and are closely connected in law with the main claim.

The customer may only exercise a right of retention within the scope of the statutory provisions.

14. Liability

Mystic Maya is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz) and to the extent of an expressly assumed guarantee.

In the case of a slightly negligent breach of essential contractual obligations, Mystic Maya is only liable for the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

Otherwise, Mystic Maya’s liability for slight negligence is excluded, insofar as permitted by law.

The above limitations of liability also apply in favour of Mystic Maya’s legal representatives, employees and vicarious agents.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory provisions that apply irrespective of a choice of law remain unaffected.

The place of performance is, insofar as permitted by law, Mystic Maya’s registered place of business.

The exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship is Frankfurt am Main, provided that the customer is a merchant, a legal entity under public law or a special fund under public law, or a comparable place of jurisdiction permitted by law can be agreed. Mystic Maya is also entitled to sue the customer at the customer’s general place of jurisdiction.

The language of the contract is German. Translations of these GTC are for information only. In the event of discrepancies between the German version and a translation, the German version prevails, insofar as permitted by law.

Information on the processing of personal data by Mystic Maya can be found in the privacy policy in force at the time.