Terms and Conditions + Right of Withdrawal
GENERAL TERMS AND CONDITIONS
The website http://mantisshop.de is an offer from Mantis Skateshop / MDCN Distribution GmbH - Managing Director Richard Löffler, Große Theaterstr. 42, 20354 Hamburg. These General Terms and Conditions, in the version valid at the time of use or order, apply exclusively to the use of our website, orders in the online shop http://mantisshop.de and all other distance selling transactions of Mantis Skateshop, as well as to all our deliveries and services.
You can save or print these General Terms and Conditions on your computer.
A. WEBSITE TERMS OF USE
§ 1 Conditions of Use
1. The use of our internet services, in particular the conclusion of contracts, requires that you are fully legally competent and at least 18 years old. If you are over 7 but not yet 18 years old, your legal guardians must have given their consent. 2. A prerequisite for orders is your free registration with your customer data (name, address, email address and other information required for order and payment processing) and the selection of a password. By registering, you accept these General Terms and Conditions and confirm that the data you provide is correct and complete. You must inform us of any changes to your personal details; you can update these yourself at any time after successful registration.
3. You are obliged to keep your password (password and email address hereinafter collectively "user ID") separately and not to pass it on to third parties. You are responsible for all actions carried out using your user ID; in particular, you are also responsible for any orders placed by unauthorised third parties using your user ID and for the resulting claims.
4. There is no entitlement to registration. We can revoke a successful registration at any time without giving reasons and permanently or temporarily block access to our ordering options. We will not arbitrarily block access. You can also have the registration blocked yourself. The blocking will take effect at the earliest 5 working days after receipt of your corresponding notification to us in text form (in writing or by email). Subsequent re-registrations are possible; however, there is no entitlement to admission in this respect either.
§ 2 Content
1. All rights to the structure, design and content of our website, in particular copyrights and ancillary copyrights to texts, images and graphics, as well as rights to depicted brands and trade names, remain with us or the respective rights holders. The copying or downloading of designs, content or parts thereof is not permitted, unless we request you to do so or agree to the reproduction or use in text form.
2. We assume no liability for the accuracy, completeness and timeliness of the information and content on our website, in emails, newsletters or other advertising materials; these are for informational and advertising purposes only and are non-binding. The only exception is if we make a different agreement with you in individual cases or explicitly intend to guarantee the accuracy, completeness or timeliness of information or content.
§ 3 Hyperlinks
Insofar as we refer to third-party internet pages, we clarify that we have no influence on the content and design of external websites to which we link. We do not adopt the content of the linked pages as our own and expressly distance ourselves from them.
B. CONTRACTUAL TERMS AND CONDITIONS
§ 1 Offers and Conclusion of Contract
1. Our information on products and prices is subject to change and non-binding, unless the information is expressly designated as binding.
2. Some of our offers are small series and not mass-produced goods. It may therefore happen that the desired items are unavailable. We will inform you of this as soon as possible in individual cases.
3. Your order is a binding offer to conclude a contract. A contract is only concluded when we accept this offer. Acceptance takes place by sending the ordered products or by an explicit order confirmation in text form, each within a reasonable period. We reserve the right not to accept offers, especially in cases where ordered products are not available.
4. Orders in our online shop are placed by selecting one or more products by clicking, moving them to the shopping cart and submitting the fully completed electronic order form. Before submitting the order form, the product selection and your personal details will be displayed again and you will have the opportunity to check and update or correct them.
5. You can retrieve and save or print the content of your order and the contractual terms when submitting the order.
6. After your order has been received by us, you will receive an automated order confirmation by email. However, this is not an order confirmation in the sense of an offer acceptance, but merely a confirmation of receipt of your order.
§ 2 Right of Withdrawal
Please note: The right of withdrawal explained below does not apply if you act in the exercise of a commercial or independent professional activity when ordering and are therefore an entrepreneur within the meaning of § 14 BGB.
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from the sales contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must inform us (Mantis Lifestore, Große Theaterstrasse 42, 20354 Hamburg,) by means of a clear statement (e.g. a letter sent by post, telephone 040/209 439 10 or e-mail to bestellungen@mantisshop.de) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. For orders within Germany, we offer free returns within 14 days using a return label.
Special Notes:
We kindly ask you to pack returned goods well and securely using the original packaging including sub-packaging.
Excluded from the right of withdrawal are goods that are manufactured according to a special customer specification or are tailored to your personal needs. Also excluded from the right of withdrawal are goods that are not suitable for return due to their nature, in particular sealed audio and video recordings, such as CDs, DVDs, video cassettes or other multimedia applications and software, provided that the delivered data carriers have been unsealed by you.
- END OF INSTRUCTIONS ON WITHDRAWAL -
§ 3 Prices and Payment
1. The prices indicated by us (especially in the online shop) at the time of the order are decisive for the contract. All prices include VAT plus delivery and shipping costs.
2. Our invoices are due immediately upon delivery of the goods and payable without deduction.
3. Offsetting against our remuneration claims is only permissible if the counterclaim asserted by you is undisputed or has been legally established. You are entitled to exercise rights of retention if the counterclaim is based on the same contractual relationship.
§ 4 Delivery
1. Delivery will be made to the delivery address you specify. We determine the shipping method, shipping route and the company commissioned with the shipment at our own discretion.
2. We are entitled to make partial deliveries, provided that this is reasonable for you.
3. Force majeure events as well as delivery delays due to other unforeseen circumstances for which we are not responsible, e.g. late self-delivery by our sub-suppliers, do not lead to a delay. Agreed delivery times are automatically extended by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than 2 months, both parties are entitled to withdraw from the contract with regard to the unfulfilled part after a reasonable grace period. Claims for damages against us do not exist in such cases.
§ 5 Retention of Title
1. We retain ownership of all delivered items until full payment of all claims arising from the purchase contract. In the event of breach of contract by you, in particular default in payment after a reasonable grace period, we are entitled to take back the delivered items, unless such a return is not permitted due to the application or opening of insolvency proceedings concerning your assets. Taking back by us constitutes a withdrawal from the contract. After taking back, we are entitled to dispose of the item. The proceeds from the disposal will be credited against your outstanding liabilities, less reasonable disposal costs. The provisions of the Insolvency Code remain unaffected.
2. You are entitled to resell the goods subject to retention of title in the ordinary course of business. However, you hereby assign to us all claims in the amount of the final price including VAT that accrue to you from the resale against your customers or third parties. We accept the assignment.
§ 6 Claims for Defects
1. In the event of defects in the delivered products, you have a right to subsequent performance (cost-free defect rectification or replacement delivery). If a defect cannot be rectified by us within a reasonable period or if subsequent performance is to be regarded as having failed for other reasons, you can reduce the contractual remuneration (reduce) or withdraw from the contract. For claims for damages, the following § 7 applies.
2. Should the delivered products show obvious defects or transport damage, we ask you to report these to us immediately. The omission of this complaint, however, has no consequences for your legal claims.
3. Claims for defects become time-barred two years after delivery if you act as a consumer when ordering. If you act in the exercise of a commercial or independent professional activity ( as an entrepreneur) when ordering, claims for defects become time-barred one year after delivery.
§ 7 Liability for Damages
1. We are liable for damages, regardless of the legal reason, only in cases of intent, gross negligence and the negligent breach of essential contractual obligations (cardinal obligations).
2. In cases of simple negligence, our liability is also limited in total to the foreseeable, typical damage for the contract, but to a maximum of the volume of the relevant order.
3. Furthermore, in cases of simple negligence, we are not liable for lost profits, indirect and consequential damages.
4. The above limitations of liability do not apply to damages resulting from injury to life, limb or health, in the absence of a guaranteed quality, claims under the Product Liability Act and in cases of malice.
5. Insofar as our liability is limited under this § 7, this also applies to the personal liability of our legal representatives, employees and vicarious agents.
§ 8 Data Protection
We treat your personal data confidentially and in compliance with the data protection regulations applicable in Germany. We collect and process address and order data not only for order processing but also for marketing purposes. In addition, we reserve the right to use data for creditworthiness checks. You can object to the further use of your data for marketing purposes at any time by sending a message to bestellungen@mantisshop.de. After receiving such an objection, we will stop using the relevant data for marketing purposes. Further information on data protection can be found under the heading of the same name on our website.
§ 9 Miscellaneous
1. If you are a merchant, a legal entity under public law or a special fund under public law, Hamburg is the exclusive place of jurisdiction.
2. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. All changes or additions to the contract should be agreed in writing for evidentiary purposes.
4. We can change these General Terms and Conditions at any time. We will announce such changes on our website with reasonable advance notice before they come into force.
5. If individual provisions of these General Terms and Conditions or the contract are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The parties will cooperate to replace invalid provisions with provisions that correspond as closely as possible to the invalid provisions.
Address and contact details
MDCN Distribution GmbH - Managing Director Richard V. Löffler
Große Theaterstrasse 42
20354 Hamburg
Phone: +49/(0)40/20943910
Email: bestellungen@mantisshop.de
Internet: www.mantisshop.de
Editorially responsible: Richard Löffler
VAT ID No.: DE 297 198 766
Right of withdrawal
You have the right to withdraw from the sales contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must inform us (Mantis Skateshop, Große Theaterstraße 42, 20354 Hamburg) by means of a clear statement (e.g. a letter sent by post, phone 040/209 439 10 or email to bestellungen@mantisshop.de) of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. For orders within Germany, we offer free returns within 14 days using a return label.
Special notes:
We ask you to pack returned goods well and securely using the original packaging, including sub-packaging.
Excluded from the right of withdrawal are goods that are manufactured according to a special customer specification or are tailored to your personal needs. Also excluded from the right of withdrawal are goods that are not suitable for return due to their nature, in particular sealed audio and video recordings, such as CDs, DVDs, video cassettes or other multimedia applications and software, provided that the delivered data carriers have been unsealed by you.
