Terms and Conditions
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mamfouana & Bambi GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com
2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after their order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6 Before placing a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider specifically named by PayPal and commissioned by it. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, declarations of withdrawal and shipments or credit notes.
4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer will be separately informed if necessary. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com
4.6 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. To process payments, Apple may use other payment services for which special payment conditions may apply, to which the Customer will be separately informed if necessary. Further information on Apple Pay can be found on the Internet at https://www.apple.com
4.7 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. To process payments, Google may use other payment services for which special payment conditions may apply, to which the Customer will be separately informed if necessary. Further information on Google Pay can be found on the Internet at https://pay.google.com
4.8 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by e-mail
6) Retention of Title
If the Seller makes advance payments, they retain ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defect rights for new goods is one year from delivery of the goods;
- defect rights are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the Customer acts as a consumer, for contracts for the delivery of used goods, subject to the restriction of the following paragraph: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed upon contractually between the parties and the Customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The limitations of liability and shortening of deadlines regulated above do not apply
- for the Customer's claims for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability exists in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer can regularly rely.
8.3 Otherwise, the Seller's liability is excluded.
8.4 The aforementioned liability regulations also apply with regard to the Seller's liability for their vicarious agents and legal representatives.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.
9.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.6 The credit balance of a gift voucher will neither be paid out in cash nor will it bear interest.
9.7 The gift voucher is transferable. The seller can discharge his obligation with valid effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligent ignorance of the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.
10) Applicable Law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
