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General Terms and Conditions with Customer Information

General Terms and Conditions with Customer Information

Last Update: 11. March 2022

Table of contents

 

  • Validity of the GTC
  • General Information on Offers and Orders
  • Ordering Process and Conclusion of Contract
  • Order Process and Conclusion of Contract on the Amazon Platform
  • Contract Text and Contract Language
  • Prices and Shipping Costs
  • Payment Methods and Terms
  • Purchase on account
  • Delivery, Availability of Goods
  • Instructions on Withdrawal
  • Warranty and Liability
  • Dispute Resolution

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between Mana de Ibiza S.L.U. (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products, goods and services (hereinafter referred to as “Products” or “Goods”).
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
  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 attributable to his commercial nor to his independent professional activity.
  4. “Entrepreneur” within the meaning of the GTC 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.

2. General Information on Offers and Orders

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time,  as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

  1. The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  2. The Vendor may accept the Customer’s offer within five days (hereinafter referred to as the “Acceptance Period”). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
  3. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

4. Order Process and Conclusion of Contract on the Amazon Platform

  1. The conditions of this section apply to orders placed via the Amazon platform. The purchase contract is concluded with the Vendor and not with Amazon.
  2. The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  3. In addition to the ordering process via Amazon’s “Shopping Cart” system, the Customer can complete the ordering process directly by pressing Amazon’s “1-Click” or “Buy Now” buttons. In this case, an order is automatically created and sent to the delivery address provided by the Customer to Amazon. The order can then be changed or cancelled in the overview of orders in the “My Account” area. The purchase price is paid via the payment method deposited by the Customer at Amazon for the “1-Click” or “Buy Now” procedure. The Customer will be informed about the delivery and payment options by a separate notice and can also change the delivery and payment details in the “My Account” area. The use of the “1-Click” or “Buy Now” procedures may further require their activation by the Customer in their Amazon account.
  4. The Vendor may accept the Customer’s offer within five days (hereinafter referred to as the “Acceptance Period”). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer by means of an explicit acceptance of the offer expressed by him or by Amazon, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor or Amazon to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.

5. Contract Text and Contract Language

  1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  2. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
  3. The contract languages are German and English, contracts can be concluded in these languages.

6. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
  3. In addition to the stated prices, the seller charges the following shipping costs for delivery. To ensure that your goods are transported safely, we always ship our packages insured with Deutsche Post (DHL) within 1-3 days, from receipt of order. Our customers can order EU wide. The delivery costs depend on the place where the products are sent. These are automatically calculated and explicitly stated in the order summary before payment by the customer.
    From 80,00 Euro order value the shipping costs within Germany are covered by us. From 150.00 Euro order value within the EU.

    The costs incurred can be seen from the information listed here:

    Insured shipping Germany
    – Free shipping from 80,00 Euro
    – Postage costs – 5,99

    Euro Within the EU
    – Free shipping from 150,00 Euro / 150 GBP
    – Postage costs – 11,39 Euro / 11,39 GBP

    Within Europe, outside EU
    – Free shipping from 200,00 Euro / 200,00 GBP
    – Postage costs – 16,70 Euro / 16,70 GBP

    Notes on duties and fees: In countries outside the EU, the item value is listed in the papers and customs has the opportunity to open and inspect the package for control. We as the store operator have no influence on this. Import fees and customs charges are levied immediately upon delivery to the country. These costs, over which we have no influence, are at your expense. For more information, please contact the relevant customs authority, as the regulations in respective countries vary greatly. Customer Support Email: shop@manadeibiza.ch

7. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called “pre-notification”).
  5. If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
  6. Prepayment – If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
  7. SEPA Direct Debit – By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer’s bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as ” Pre-Notification”). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the “Pre-Notification Period”). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited before shipment of the goods but not before the expiry of the Pre-Notification Period.
  8. Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
  9. Amazon – Payment is processed by Amazon, and the Customer can settle the payment amount owed by credit card or direct debit. The Vendor does not receive any payment data of the Customer from Amazon.Amazon offers for items sold through Amazon-Marketplace via the domain Amazon.de (i.e. items not sold by Amazon.de) and for items marked with the note “Shipping by Amazon” as additional payment methods the monthly invoice (here in cooperation with arvato Payments Solutions GmbH), financing (here in cooperation with ‘”Barclaycard”, offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact as well as iDeal and Przelewy24. In the case of the payment methods BLIK, Bancontact, iDeal and Przelewy24, the payment is debited immediately after completion of the order. In the case of payment methods credit card, direct debit, monthly invoice, financing, the payment is made after the shipment of goods. In case of iDEAL payment method the Customer needs a Dutch bank account, in case of Bancontact a Belgian bank account and in case of Przelewy24/BLIK a Polish bank account. Financing requires registration with Barclaycard.  The use of the payment methods monthly invoice and financing requires a successful address and credit check of the Customer. More information about ordering through Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information on the accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for Customers who are entrepreneurs and buy on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Information on the payment methods is also available to the Customer in the “My account” area under “Your payments”.
  10. Klarna – Payment is made through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: “Klarna”) by means of the Klarna payment method provided or selected by Customer. Klarna’s terms of use apply, which can be viewed at https://www.klarna.com and are communicated to the Customer during the payment process.
  11. Klarna PayNow Direct Debit – The Customer issues a SEPA Direct Debit Mandate to Klarna. By issuing the SEPA Direct Debit Mandate, Klarna is authorized to initiate the payment transaction, which automatically debits the Customer’s bank account. Customer will be informed about the date of debiting the bank account (referred to as “Pre-Notification”).
  12. Klarna Invoice/ Pay Later – Requires a successful verification of the address and creditworthiness of the Customer by Klarna. In the case of a purchase on account, customers will receive the goods first. The payment term is 14 days, unless otherwise agreed in the payment process. The Vendor assigns his payment entitlement to Klarna. A debt-discharging payment can only be made to Klarna according to Klarna’s conditions.
  13. Klarna Installments – A requirement for Klarna Installment Purchase is a successful check of the Customer’s address and creditworthiness by Klarna. The Vendor assigns his payment claim against the Customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna’s conditions. For more information on Klarna installment payment, in particular the installment amount and the minimum amount of the installment payment, as well as the terms and conditions of Klarna, please refer to Klarna’s information, which is also provided to the Customer during the payment process.
  14. Klarna Sofortüberweisung (Sofort) – The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information: https://www.klarna.com/sofort/.
  15. PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
  16. PayPal Express – The customer pays the amount owed by means of the PayPal transaction.
  17. Giropay – The use of Giropay requires an online banking account activated by Giropay. The payment transaction is carried out on the basis of the conditions of Giropay, which are also communicated to the customer during the ordering process. Further information: https://www.giropay.de/en/.
  18. Apple Pay – The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.
  19. Mollie: Zahlungsdienstleistungen; Dienstanbieter: Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Niederlande; Website: https://www.mollie.com/de; Datenschutzerklärung: https://www.mollie.com/de/privacy.

8. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

9. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  3. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  4. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

10. Instructions on Withdrawal

  1. The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
  2. Customers can access the Vendor’s instructions on withdrawal at the following Internet address: https://manadeibiza.shop/instructions-on-withdrawal-and-withdrawal-form-for-consumers

11. Warranty and Liability

  1. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
  2. The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
  3. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
  4. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

12. Dispute Resolution

  1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  2. You can turn to the following consumer arbitration board to settle the dispute: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage