General terms and conditions (GTC) and consumer information § 1 Basic provisions
(1) The following terms and conditions apply to all contracts between Andrea Ispan, Manolaya Yoga, 81541 Munich, Schlotthauerstrasse 17. - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website manolaya-yoga.com. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
(3) The contract language is German. The contract text is not stored by the provider and is no longer accessible to the customer after the order has been sent. The customer can print out the contract text using the browser's print function or save it electronically before placing the order.
The order data and the general terms and conditions will be sent to the customer independently by email.
§ 2 subject matter of the contract
Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website.
§ 3 Conclusion of the contract
(1) The provider's product presentations on the Internet do not represent a binding offer to conclude a contract, but an invitation to place an order (offer by the customer).
When purchasing via the online order form, the goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
Before submitting the order, the customer has the opportunity to check all the details again, to change (also via the "back" function of the Internet browser) or to cancel the purchase. By sending the order via the corresponding button, the customer gives a binding The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of a contract.
(2) The acceptance of the offer (and thus the conclusion of the contract) takes place in each case by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer or by sending the goods.
If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email.
The customer must therefore ensure that the email address he has stored with the provider is correct, that the receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all taxes.
If the delivery takes place in non-EU countries, additional duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for the details before ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be called up on the “Payment and Shipping” page, are shown separately in the course of the order process and are to be borne by the customer in addition, unless free delivery has been promised.
(3) The customer receives an invoice with the VAT shown.
§ 5 Payment and Shipping Conditions
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be reimbursed immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.
§ 6 Right of Retention, Retention of Title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.
(3) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(4) You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(5) If the customer is in arrears with any payment obligations, all existing claims are due immediately.
§ 7 Warranty
(1) The statutory provisions apply.
(2) As a consumer, the customer is asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the forwarding agent of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
§ 8 liability
(1) The provider is fully liable for damage to life, limb or health, in all cases of willful misconduct and gross negligence, in the event of fraudulent concealment of a defect, in the event of assuming the guarantee for the quality of the object of purchase, in the event of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 9 Choice of law, place of performance, place of jurisdiction
(1) German law applies to the exclusion of UN sales law. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the existing business relationships with the provider and the place of jurisdiction is the seat of the provider, insofar as the customer is not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
§ 10 information on online dispute resolution
The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a central point of contact for consumers and entrepreneurs in order to settle disputes arising out of online legal transactions out of court. The following link leads to the OS platform:
Email address: firstname.lastname@example.org
Right of return for consumers
(A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity).
You can return the received goods without giving a reason within 14 days of receipt of the shipment by sending the goods back. The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not, before fulfilling our information obligations according to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB and also not before fulfilling our obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Only in the case of goods that cannot be sent as a parcel (e.g. bulky goods) can you declare the return by requesting them to be returned in writing. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In any case, the return is at our risk and expense. The return or the return request must be sent to: Manolaya Yoga, Andrea Ispan, 81541 Munich, Schlotthauerstrasse 17 Email: email@example.com
In the case of an effective return, the mutually received services are to be returned and any benefits drawn are to be surrendered. In the event of deterioration of the item and for uses (e.g. advantages of use) which cannot be given or partly not or only in a deteriorated condition, you have to pay us compensation. You do not have to pay any compensation for a deterioration caused by the intended use of the item. You only have to pay compensation for the value you have drawn if you have used the goods in a way that goes beyond checking the properties and functionality. “Checking the properties and functionality” means testing and trying things out, as is possible and customary in a retail shop, for example. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.