General Terms and Conditions of Business
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
The following applies to Germany: According to § 13 of the German Civil Code (BGB), consumers are any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following terms and conditions, "consumer" is understood to mean "consumer" according to Swiss law.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Mannayan GmbH & Co KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, Dutch, Polish.
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Delivery conditions
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
In principle, you have the option of collecting the goods from Mannayan GmbH & Co KG, Unterer Anger 15 Rgb, Munich, Germany during the following business hours: Mon.-Thurs. 9.00 a.m. to 5.00 p.m.; Fri.: 9.00 a.m. to 3.00 p.m.
The following payment methods are available in our shop:
If you choose payment in advance, we will inform you of our bank details in a separate e-mail and deliver the goods after receipt of payment.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further information on the respective payment option and in the order process.
PayPal, PayPal Express
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.
PayPal can offer further payment modalities in the customer account to registered PayPal customers who have been selected according to their own criteria. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). The account will be debited before the goods are dispatched.
6. Right of withdrawal
You are entitled to the statutory right of cancellation as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment has been received. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following shall apply in addition:
We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this 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 we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9 Warranty and guarantees
9.1 Liability for defects
The following applies to consumers domiciled in Germany and Austria:
The statutory law on liability for defects shall apply.
For consumers domiciled in Switzerland the following applies:
They shall inspect the quality of the goods received as soon as this is feasible in the ordinary course of business and, if defects arise for which the seller is liable, they shall notify the seller immediately. If the consumer fails to do so, the purchased goods shall be deemed to have been accepted, unless they have defects which were not apparent during the normal course of business. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item is deemed to have been approved also with regard to these defects.
Send the defective product back to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by rectifying defects. This is done, at our discretion, either by rectifying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
The following shall apply towards entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following limitations and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious 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 the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions in relation to businesses
For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for the manufacturer's public statements or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional warranties that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed,
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our 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.
You can secure orders placed with us free of charge up to a certain order value via the buyer protection of Trusted Shops AG. In addition, Trusted Shops offers protection in conjunction with a guarantor for a fee. The Trusted Shops buyer protection conditions apply, which you can find here
. The buyer protection is concluded by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank-you page after an order has been placed. In order to be able to offer you buyer protection, the trust card must access order data stored in the cache of your browser. Access is only local and no order data is transmitted to Trusted Shops before you have actively opted for buyer protection or have consented to the transmission of order data to Trusted Shops. If you have given your consent, a hash value of your e-mail address as well as the order number and order total will be transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here
. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de
14. Final provisions
If you are 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 between us and you is our registered office.