Terms and Conditions

Terms and Conditions

As of: [04/20/2024]

 

These Terms

(1) This website (the "Site") and/or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [please enter the company name and legal form of the shop operator] (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the terms and conditions under which visitors or users (collectively: "Users" or "you") can visit or use the Site and/or the Services and purchase Products.

 

(2) By accessing or using the Services, you agree to the Terms and Conditions and are bound by them. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing Products. These Terms tell you who we are, how we sell products to you, how you can cancel the purchase agreement and what to do if you have any problems.

 

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you will need the permission of your parent or legal guardian to use the Services or purchase Products.

 

Purchase of Products

(1) The purchase of Products is subject to the Terms in effect at the time.

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(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" button or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.

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(3) You can select products from our product selection and put them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. To complete the order process using the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.

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(4) We will then send you an e-mail confirmation of receipt of your order, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification that only proves that we have received your order. It does not indicate that we have accepted your order.

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(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by e-mail or send the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately when your order is submitted (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above by clicking on the “Order with payment” button.

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(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contractual conditions will be sent to us

stored, you will no longer have access to it.

 

Right of withdrawal

(1) If you purchase one or more products through the Site or Services that are shipped in one delivery, the instructions on the right of withdrawal in Appendix 1 to these Terms apply.

(2) If you purchase one or more products through the Site or Services that are shipped in partial deliveries, the instructions on the right of withdrawal in Appendix 2 to these Terms apply. (3) To exercise your right of withdrawal, you can use the withdrawal form in Appendix 3 to these Terms. However, this is not mandatory.​

Warranty for products

 

We are liable for defects in quality and/or defects of title of the products you purchase from us in accordance with the statutory warranty provisions.​

Storage of online payment details

You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.

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Coupons, Gift Cards and Other Offers

Coupons, gift cards or discounts and other offers may be available from time to time for our products (“Offers”). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

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Member Account

(1) To access and use certain areas and features of our Site, you must first log in and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.

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(2) If someone other than you accesses your Member Account and/or settings, they will be able to perform any actions available to you, including making changes to your Member Account. Therefore, we strongly advise you to keep your Member Account login details safe. Such activities may be deemed to have been carried out for you and on your behalf, and you alone may be responsible for all activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently facilitated the use of your Member Account by failing to exercise reasonable care in protecting your login information.

 

(3) You may create and access your Member Account through a dedicated website or through a third-party platform such as Facebook (the “Social Network Account”). If you log in through a Third-Party Platform Account, you hereby grant us access to certain information about you stored in your Social Network Account. (4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users, for example if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action, in which case we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account with two months' notice by email, for example if we discontinue our Member Account program. You may stop using and request deletion of your Member Account at any time by contacting us.

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Permitted Use

(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

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(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including violating the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of any content, or take any action to alter any part of our Services. (iv) use our Services to send, receive, upload/post, download any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit any data, or upload any data to our Services, that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services, or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that allegedly or actually violates these Terms.​  

 

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Intellectual Property Rights

(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to our Intellectual Property Rights. Unless expressly set out here or required by mandatory law for use of the Services, you do not acquire any right, title or interest in our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

 

(2) If the Products include digital content, such as music or videos, you are granted the rights as set out with respect to such content on the Site.​

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties with respect to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be provided without interruption or error or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the "Warranty for Products" section above remains unaffected.​

Indemnity

You agree to defend, indemnify and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site and Services in violation of these Terms, including in particular any use that violates the restrictions and requirements set out in the "Permitted Use" section, unless these circumstances are not due to your fault.​

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Limitation of Liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of slightly negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A “material contractual obligation” means an obligation the performance of which is a prerequisite for the proper performance of the agreement and on which you normally rely and reasonably  rely on. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

 

(2) The above provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability for tort) as well as to liability arising from transactions before the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our directors, officers or other legal representatives, employees and vicarious agents.​

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Changes to the Terms and Services; Discontinuation

We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features that we may introduce or if we otherwise develop our business. Therefore, you should read these Terms regularly and in any case during the payment process when you purchase products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services you use are affected by the changes to the terms, we will take your legitimate interests into account in an appropriate manner. We will notify you of such changes in advance and in good time. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of such notification. We will indicate this in our notification. If you object to the changes, we have a special right of termination - without further obligations to you - which will take effect on the date the changes take effect. We may change the Services, stop providing the Services or one or more functions of the Services offered, or restrict the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligations. We will notify you in advance and take your legitimate interests into account in such measures if this is possible under the circumstances.​

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Links to third-party websites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for information purposes only. The fact that we have included links to other websites does not imply that we endorse their owners or their content.​

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Applicable Law

(1) These Terms are governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).

 

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.​

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MISCELLANEOUS

(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.

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(2) The headings used in these Terms are for convenience only and shall have no legal significance.

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(3) Unless expressly provided otherwise, if any part of these Terms is held to be illegal or unenforceable for any reason, that part of the Terms shall be struck and the remaining terms shall remain unaffected and in full force and effect.

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(4) You may not assign your agreement with us under these Terms, or all or any part of your rights or obligations hereunder, without our prior written consent.

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(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.

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(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall remain particularly with respect to provisions regarding indemnification, release, disclaimers, limitations of liability and this Miscellaneous section.​

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Contact

To contact us, please send an email to:

 

Magdalena Hertrich

Goethestraße 8

95213 Münchberg

info@mansorahatelier.com