1. General

For all agreements between mantak-chia-media GmbH (hereinafter referred to as " vendor ") and the customer, these general terms and conditions apply exclusively. Deviating conditions of the customer are not acknowledged by the vendor, unless the vendor has agreed to their validity.

If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Berlin. Christmas Eve and New Year's Eve are treated as public holidays.

2. Scope of Application

These General Terms and Conditions (hereinafter referred to as "Terms") for orders placed by telephone or e-mail apply to orders placed by both consumers and commercial customers, unless otherwise expressly stipulated.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional business.

A commercial customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

These Terms shall also apply to future business transactions with commercial customers. If the commercial customer use conflicting or alternative general terms and conditions, their validity is hereby rejected; they shall only become an integral part of the contract if the vendor has expressly agreed to them prior to their use.

2. Contracting Party, Closing of the contract

Partner of the sales contract is the mantak-chia-media GmbH. The offers on our website www.mantak-chia-media.com are subject to change as long as they have not become part of a contractual agreement. The vendor accepts your order by sending a separate order confirmation by e-mail or by delivering the goods.

3. Contract Language

The languages available for the entering into the contractual agreement are German and English.

4. Delivery Conditions

Partial deliveries are generally permissible. In the case of partial deliveries, postage and packaging costs will be charged only once. Events of force majeure, supply difficulties and disruptions at our suppliers, traffic disruptions and their consequences release the vendor as well as the customer in whole or in part from the fulfillment of the contract, with no compensation for damages to be claimed.

A shipment is made exclusively by mail order. A self-collection of the goods is unfortunately not possible.

In addition to the respective product prices, the corresponding shipping costs are added, with the exception of digital transmission. The shipping costs within Germany amount to a rate of € 3.55 plus VAT. (shipping by DHL). A complete charging of the shipping costs at actual cost will be made for orders to areas outside the Federal Republic of Germany.

5. Prices and Payment

The prices stated at the time of the order shall prevail at all times. All prices shown include the legally valid value added tax. In principle, the vendor offers the payment methods prepayment and PayPal for orders by phone or e-mail.

The vendor reserves the right not to offer certain payment methods for each order and to refer to other payment methods.

When paying in advance:

When selecting the payment method prepayment, the vendor sends the bank details by e-mail to the customer and delivers the goods after receipt of payment.

When paying by PayPal:

It is also possible for the customer to pay the invoice amount via the online payment provider PayPal.

6. Reservation of Proprietary Rights

The merchandise remains the property of the vendor until full payment has been received.

For commercial customers, the following shall apply additionally: The vendor shall retain title to the merchandise until all claims arising from an ongoing business relationship have been paid in full. Goods subject to retention of title may be resold in the ordinary course of business; the commercial customer assigns to the vendor in advance all claims arising from such resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and the Vendor herewith accepts this assignment. The commercial customer remains authorized to collect the claims, but the supplier may also collect claims himself, as far as the commercial customer does not meet the existing payment obligations.

7. Transport Damage

For consumers shall apply in case of a transport damage:

The vendor kindly request the customer to check the goods upon receipt and to immediately report any transport damage, defects or other errors to the deliverer or to the vendor.

For commercial customers shall apply in case of transport damage:

The risk of accidental loss and accidental deterioration passes to the commercial customers as soon as the vendor has delivered the goods to the shipping agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Law) shall apply. If the commercial customer fails to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if the vendor has fraudulently concealed a defect.

8. Warranty and Guarantees

Unless otherwise expressly agreed below, the statutory warranty law applies.

For commercial customers, the limitation period for claims for defects is one year from the date of transfer of risk; the statutory limitation periods for a claim under a right of recourse pursuant to § 478 BGB shall remain unaffected. With respect to commercial customers, only the information provided by the vendor and the manufacturer's product descriptions included in the contract shall be deemed to be an agreed quality of the goods. If the delivered item is defective, the vendor shall initially provide a warranty to the entrepreneur at the vendor's discretion by remedying the defect (so-called rectification) or by delivering an item free of defects (so-called replacement delivery).

The above restrictions and shortening of time limits do not apply to claims based on damage caused by the vendor, its legal representatives or agents

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the contractual partner may regularly rely on
  • within the scope of an agreed guarantee promise
  • within the scope of the German Product Liability Law insofar as its scope of this law is opened.

Customer service: You can reach our customer service for questions, complaints and objections by e-mail at mcm@mantak-chia-media-com.

9. Liability/ Disclaimer

For claims based on damages caused by the vendor, his legal representatives or servants, the vendor is always liable without limitation

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of an agreed guarantee promise or
  • within the scope of the Product Liability Act insofar as its scope of application is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (so-called cardinal obligations), due to slight negligence on the part of the vendor its legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

The vendor refers to its Internet pages with links to other sites on the Internet. The vendor has no influence whatsoever on the design and content of the linked pages and expressly distances itself from all content with linked third-party pages, and does not adopt this content as its own. This declaration applies to all displayed links and to all contents of the pages to which links lead.  

10. Final Provisions

Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The EU Commission offers the possibility of out-of-court online dispute resolution via an online platform operated by it ("ODR platform“). The platform can be reached at https://ec.europa.eu/consumers/odr/. The provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

If the contract is concluded with a commercial customer, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a commercial customer within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships is the registered office of the provider.

 

Revocation Policy

Consumers have a fourteen-day right to revoke the contract.

Revocation Right

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the delivered goods.

In order to exercise your right of revocation, you must notify the vendor, mantak-chia-media GmbH, Kärntener Straße 20, D-10827 Berlin, mcm(@)mantak-chia-media.com, phone: 0049-30-768 04 929) about your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form stated below as you wish.

To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of revocation before the expiry of the revocation period.

Consequences of the Revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or provide the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of revocation does not apply to the following contracts:

- Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

Sample Revocation Form:

If you want to revoke the contract, you can use this form. To do so, fill it out and send it back to us:

To mantak-chia-media GmbH

Kärntener Street 20

D-10827 Berlin

mcm(@)mantak-chia-media.com

Phone: 0049-30-768 04 929

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

(*) Please delete where inapplicable.

 

Version: 04.11.2021

 


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