1. General Terms and Conditions
For all contracts between mantak-chia-media GmbH, Kärntener Straße 20 D-10827 Berlin, HRB Nr.: 220128B, Amtsgericht Charlottenburg, Steuer Nr. gem. § 27a UStG: DE334671633 (hereinafter "m-c-m") and the customer shall be governed exclusively by these General Terms and Conditions. Terms and conditions of the customer that deviate from these terms and conditions shall not be recognized by m-c-m unless m-c-m has agreed to their acceptance.
If working days are specified as deadlines, these are understood to be 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 ("GTC") apply to all contracts that you conclude with us as m-c-m through our website www.mantak-chia-media.com. The terms and conditions apply to orders placed by consumers as well as by business 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 activity. An enterprise is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future legal transactions with business customers. If the company commercial enterprise uses conflicting or supplementary general terms and conditions, their validity shall be objected to; they shall only become part of the contract if m-c-m has expressly agreed to them prior to their use.
3. Contracting party; Conclusion of the Contract
The subject of the contract is the sale of goods. Our product range consists of physical products as well as digital products (collectively hereinafter: goods). The essential characteristics of the goods can be found in each description of the article and the supplementary information on our website. The purchase contract is concluded with mantak-chia-media GmbH. The offers on our website www.mantak-chia-media.com are non-binding and do not represent a binding offer to conclude a contract.
You can submit a binding purchase offer (order) via our online shopping cart system. To do this, you place the goods intended for purchase in the "shopping cart". You can access the "shopping cart" directly at any time by clicking on the button in the top right-hand corner of the navigation bar and make any changes you wish there. After accessing the "Checkout" page and entering your personal data and selecting the payment method, all order data and shipping conditions are displayed again on the order overview page.
Before sending a binding order, you have the opportunity to check the information provided, change it (also possible via the "back" function of the browser) or cancel the purchase process.
By sending the order via the button "Order subject to payment" you submit a binding offer to m-c-m.
The acceptance of the offer (and thus the closure of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any payments already made will be refunded immediately.
The complete contract text will not be stored by m-c-m. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail.
You can purchase licenses for digital content (eBooks, eBooklets) against payment and download them to end devices of your choice, e.g. eReader or tablet. Certain system requirements and playback software are needed to use the digital content. Our digital products are provided either in ePub or PDF format. Any connection costs incurred are to be paid separately by you to your service provider.
Digital content is protected by copyright and m-c-m does not grant you ownership of this content. With the purchase of digital content from m-c-m, you receive the simple, non-transferable right to use the digital content offered for exclusively personal use in accordance with copyright law in the manner offered.
You are permitted to download digital content once and to copy it exclusively for personal use on your own end devices of your choice. Furthermore, it is not permitted to change the content or editorial content of digital content in any way or to use modified versions, to copy it for third parties, to make it publicly accessible or to forward it, to post it on the Internet or in other networks for payment or free of charge, to imitate it, to print it, to resell it or to use it for other commercial purposes.
Digital content may be individually marked with digital watermarks so that the original purchaser can be identified and traced in the event of misuse. Digital content may also be protected against illegal copying through Adobe Digital Rights Management (DRM) protection.
5. Contract Language
The languages available for the conclusion of the contract are German and English.
6. Delivery Conditions and Shipping Costs
Partial deliveries are generally acceptable. In the case of partial deliveries, however, postage and packaging costs will only be charged once.
Events of force majeure, supply difficulties and disturbances at our suppliers, traffic disturbances as well as their consequences release m-c-m as well as the buyer completely or partially from the fulfillment of the contract without being able to claim damages.
Incurring shipping costs are generally not included in the purchase price. The respective shipping costs can be called up via a correspondingly designated button on our website, are also shown separately in the course of the ordering process and are to be borne by you, unless a delivery free of shipping costs has been promised.
A delivery of physical products takes place exclusively on the dispatch way by DHL or German post office. A self-collection of the goods is not possible.
Shipping costs within Germany are free of charge (shipping by DHL).
- The expected shipping time is 1 to 3 business days.
The shipping costs to other countries outside the Federal Republic of Germany are generally not included in the purchase price and are as follows.
Regular shipping costs to Austria, Luxembourg, Liechtenstein:
- The estimated shipping time is 3 to 9 business days.
- The shipping costs are, regardless of the order value, 3.50 euros.
Regular shipping costs to Switzerland:
- The estimated shipping time is 3 to 9 business days.
- The shipping costs are, regardless of the order value, 6.00 euros.
Deliveries to selected other EU countries:
- The estimated delivery time is 7 to 21 business days.
- The amount of shipping costs is, regardless of the order value, 8.00 euros.
Deliveries to selected other states in Europe (non-EU) and non-European countries:
- The estimated delivery time is 7 to 21 business days.
- Shipping costs are 17,00 Euro, regardless of the order value.
If an order to your home country is not possible via the online shopping cart system, please contact us ().
In case of returns that result in a refund, the amount will be refunded to you in the same way as the payment was made to mantak-chia-media GmbH.
Please send your return shipment to the following address:
Kärntener Street 20
telephone: 0049-30-768 04 929
8. Import Taxes and Customs Duties
If you order from abroad, import taxes and customs duties may be payable. (Applies to non-EU countries.)
You may be required to pay import taxes and duties once your order arrives in the country of delivery. The m-c-m is not liable for import taxes or duties charged by the national import authority of a country. These fees go to the import authority of each country and are not collected by m-c-m. Import taxes and duties vary from country to country and depend on the value of an order. If applicable, please check with the m-c-m about any applicable import taxes and duties before placing an order.
9. Prices and Payment
The prices stated at the time of the order shall always apply. All prices shown include the applicable statutory value-added tax.
The payment methods available to the customer are credit card and PayPal. The m-c-m reserves the right not to offer certain payment methods for each order and to refer to other payment methods.
When paying by credit card
The customer submits his credit card data and the data is sent via SSL encryption (Secure Socket Layer) to our credit card processor for verification of legitimacy. Immediately after placing your order requiring payment, the invoice amount will be charged to the credit card company.
When paying via PayPal:
It is also possible for the customer to pay the invoice amount via the online payment service PayPal. The customer will be redirected to the website of the online payment service PayPal during the ordering process. To use this payment method, the customer must be registered with PayPal, legitimize himself with his access data and confirm the payment instruction to us.
Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
10. Reservation of Proprietary Rights
The goods remain the property of m-c-m until full payment has been made.
For business customers the following shall apply in addition: m-c-m shall retain ownership of the goods until all claims arising from a current business relationship have been paid in full. Goods subject to retention of title may be resold in the ordinary course of business; the entrepreneur shall assign all claims arising from such resale to m-c-m in advance - 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 m-c-m shall accept this assignment. The contractor remains authorized to collect the claims, but m-c-m may also collect claims itself, as far as the contractor does not meet the existing payment obligations.
11. Transport Damages
The following shall apply to consumers in the event of transport damage:
m-c-m asks the customer to check the goods upon receipt and to report any transport damage, defects or other errors immediately to the delivery company or m-c-m.
The following applies to business customers in the case of transport damage:
The risk of accidental loss and accidental deterioration shall pass to the entrepreneur as soon as m-c-m has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If the businessman 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 shall not apply if m-c-m has fraudulently concealed a defect.
12. Warranty and Guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
For business customers, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for a claim under a right of recourse in accordance with § 478 BGB remain unaffected. Towards business customers, only the specifications of m-c-m and the product descriptions of the manufacturer, which were included in the contract, shall be considered as an agreement on the quality of the goods. If the delivered item is defective, m-c-m shall initially provide a warranty to the entrepreneur, at the discretion of m-c-m, by rectifying 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 shall not apply to claims based on damage caused by m-c-m, its legal representatives or vicarious agents in the following cases
- 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 on the observance of which the contractual partner may regularly rely on
- within the scope of an agreed guarantee promise
- within the scope of the Product Liability Act insofar as its scope of application is opened.
13. Customer Service
You can reach our customer service for questions, complaints and objections by e-mail at mcm@mantak-chia-media-com.
14. Liability/ Disclaimer
For claims based on damages caused by m-c-m, its legal representatives or vicarious agents, m-c-m shall always be 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 law insofar as its scope of application is opened.
In the event of a breach of essential 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 m-c-m, 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 m-c-m refers to its Internet pages with links to other sites on the Internet. The m-c-m has no influence whatsoever on the design and content of the linked pages and expressly distances itself from all content on linked third-party pages and does not adopt this content as its own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
15. Final Provisions
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The EU Commission offers the possibility of extrajudicial online dispute resolution via an online platform operated by it ("ODR platform"). The platform can be reached at https://ec.europa.eu/consumers/odr/. m-c-m is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
Insofar as the contract is concluded with an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant 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 shall be the registered office of m-c-m.
Consumers have a fourteen-day right to revoke the contract.
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, , 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
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)
(*) Please delete where inapplicable.