Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- 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 supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly 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 outside their trade, business, or profession.
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 for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.
2.3 The Seller may 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), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the 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 acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment is processed via 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 Terms of Use, available 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 contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order is sent. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before sending the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.
2.6 Before bindingly submitting the 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 recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries as part of 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 for order processing is correct so that e-mails sent by the Seller can be received. 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 are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred 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 the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding the transfer of funds may also be incurred if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment method(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, the payment is processed 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 the Seller makes an advance payment (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, 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 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 at the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations, and credit notes, even in the case of assignment of claims.
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 are 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, of which the Customer may be separately informed. Further information on "Shopify Payments" is available 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 are 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, of which the Customer may be separately informed. Further information on Apple Pay is available 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 are 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, of which the Customer may be separately informed. Further information on Google Pay is available 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 as well as the terms and conditions of Klarna can be viewed here:
5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the delivery of 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 for the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
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 freight forwarder, 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. Notwithstanding this, even for consumers, 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 freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or 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-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with the required care. The Seller will make all reasonable efforts to obtain 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:
- via e-mail
6) Retention of Title
If the Seller makes an advance payment, they retain ownership of the delivered goods until the owed purchase price has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Notwithstanding this, for contracts for the supply of goods, the following applies:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the limitation period does not restart 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 supply of used goods, the following limitation applies: The limitation period for claims for defects is one year from delivery of the goods, provided this was expressly and separately agreed upon by contract between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their declaration of intent.
7.3 The liability limitations and shortening of periods regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and notify defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage 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 claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- based on mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contract's purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the Customer may regularly rely.
8.3 Otherwise, any liability of the Seller is excluded.
8.4 The above liability regulations also apply 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 following the year of the voucher purchase. 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 further 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 may be chosen to settle the difference.
9.6 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
9.7 The gift voucher is transferable. The seller may render performance with discharging 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 grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective holder.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their 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.
