General Terms and Conditions
Manakaa Project UG

 

1. Scope of application

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

 

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

 

2. Contractual partner, Conclusion of contract

The sales contract is concluded with Manakaa Project UG.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
As payment method PayPal is available to you and you will be forwarded to the website of the online provider PayPal during the ordering process. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

 

3. Contract language, Contract text storage

The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

 

4. Terms of delivery

The delivery times are calculated according to the actual production times of the ordered products. We expressly point out that Manakaa Project does not pre-produce on stock. Delivery times of up to 5 weeks from order are therefore to be planned. We will inform the buyer of the progress of the delivery by e-mail.
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.

 

5. Payment

In our shop you can use PayPal as your payment method:
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

The prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

For deliveries to countries outside the European Union, additional 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 money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.

 

6. Transport damages

This applies to consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

 

This applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

 

7. Revocation and returns

Due to the individualized production per order, we ask you to check the product and the wish of an order well in order to avoid returns. If you nevertheless wish to return a delivered product, please send us an email within 14 days to info@manakaaproject.com. stating the order number or order number. You will promptly receive an email with the necessary information. We do not assume the costs for the return shipment.
After receipt and control of the returned goods, you will receive the refund. Processing can take up to 14 working days.

 

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own details and the manufacturer’s product descriptions included in the contract shall be deemed to be the agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
— in the event of injury to life, limb or health
— in case of intentional or grossly negligent breach of duty and fraudulent intent
— in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
— within the framework of a guarantee promise, if agreed
— to the extent that the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

9. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
— in the event of injury to life, limb or health,
— in case of intentional or grossly negligent breach of duty,
— in the case of guarantee promises, if agreed, or
— to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

 

10. Settlement of disputes

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court arbitration procedure before a consumer arbitration body.

 

11. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.