General Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (KaufLaune GmbH) through the website manoosh.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order details will be displayed to you as an order summary.
If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the information in the order summary.
By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.
§ 3 Special agreements regarding offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the 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; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply, you will be separately informed about them. You can find more information about "PayPal" athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) There are statutory rights of liability for defects.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed of it before submitting the declaration of intent by us and the deviation was expressly and separately agreed upon between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU or if your residence or habitual residence is not known at the time of filing the lawsuit. The right to also call upon the court at another statutory jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer Information
1. Identity of the Seller
KaufLaune GmbH
Rupertistr. 16
83451 Piding
Germany
Phone: +4915904586385
E-Mail: info@manoosh.de
Alternative Dispute Resolution:
We are willing, but not obliged, to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print or save electronically.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may arise that are not attributable to us, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the seller or another person designated for the execution of the shipment.
8. Statutory Liability for Defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers of the Händlerbund specialized in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 29.11.2023
