1. GENERAL
The following General Terms and Conditions (hereinafter referred to as "AGB") apply to all orders and deliveries between Mani UG (hereinafter "us" or "we") and a consumer (hereinafter "customer(s)") in their version valid at the time of the order. For the purpose of these terms and conditions, a customer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.
Orders can only be placed with the consent of the AGB and the revocation policy.
We reserve the right to change the AGB at any time without prior notice. Please read our AGB and revocation policy carefully before placing an order.
2. CONTRACT CONCLUSION
The following provisions regarding contract conclusion apply to orders placed through our online shop www.mani.baby.
In the event of a contract being concluded, the contract is concluded with Mani UG, Managing Director Anika Ebert, Wasserstr. 49, 47623 Kevelaer.
The contract language available is exclusively German.
The product descriptions contained in our online shop do not constitute a legally binding offer but serve as an invitation to the customer to place an order. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
The customer submits a binding contract offer by successfully completing the order process in our online shop.
The order process through our online shop includes the following steps:
• Select the desired goods and/or services (virtual shopping cart)
• Confirmation by clicking the "Buy" button
• Online shop registration: Customer data including billing address and, if different, delivery address
• Select the desired payment method
• Verification or correction of all information (e.g., name, address, payment method, ordered items, quantity) • Binding submission of the order.
Furthermore, the customer can also submit the offer to the seller by telephone or email.
Before submitting the order bindingly, the customer can cancel the order process at any time, correct and review the goods and/or services.
When an offer is made through our online order form, the contract text is stored. We confirm receipt of the order immediately by an automatically generated email ("order confirmation").
We reserve the right to accept the customer's offer within five days (commencing from the date the customer's binding offer is sent). Acceptance of the offer is made by a written order confirmation (change email of order status "in progress"), which is transmitted to the customer in text form (email). If our offer is not accepted within the specified period, this is considered a rejection of the offer, and the customer is no longer bound to their offer statement. Furthermore, if payment has been made, it will be refunded using the same payment method.
Order processing and communication usually occur via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that they can receive emails sent by the seller. In particular, the customer must ensure that all emails sent by the seller or by third parties authorized by the seller for order processing can be delivered, especially when using spam filters.
3. PRICES, SHIPPING COSTS, AND PAYMENT
The prices stated in the online shop are total prices including legal VAT unless otherwise stated in the product description. The VAT depends on the EU country of destination. Any delivery and shipping costs are separately specified in the respective product description.
Various payment options are available to the customer, as offered in our online shop.
Prepayment: If payment by prepayment is chosen, the customer undertakes to pay the purchase price within 7 working days after the conclusion of the contract. If this is not done, we reserve the right to cancel the contract after this period.
PayPal: When payment is made using a payment method offered by PayPal, 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 (hereinafter: "PayPal"), subject to the PayPal terms of use. These can be viewed at the following link: PayPal Terms of Use or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account PayPal Terms for Payments without an Account.
Shipping is only possible to addresses in Germany. We gladly accept individual requests for shipping to other countries by email.
Shipping costs depend on the shipping address (country-specific shipping costs) and are independent of the size and weight of the package.
In case of unavailability of the item, the customer will be refunded the money. This unavailability may occur due to overlapping orders in the ordering process or differing stock levels.
4. DELIVERY
Unless we have specified different or deviating delivery times in the product description, all items offered by us will be shipped within 3 to a maximum of 15 working days using the transport service provider DHL. Any differing delivery times will be communicated in text form (email). The start of the delivery period assumes timely and proper fulfillment of the customer's obligations. If the customer has chosen payment in advance, the start of the delivery period is from the receipt of payment. Delivery of goods will be made to the delivery address specified by the customer unless otherwise agreed.
If multiple orders are placed within 24-72 hours, these orders may be combined and shipped together in one package.
If the transport company returns the shipped goods to us because delivery to the customer was not possible, the customer bears the costs of unsuccessful delivery or return shipping. This does not apply if the customer effectively exercises their right of revocation, if the circumstances that led to the impossibility of delivery were not their fault, or if they were temporarily prevented from accepting the offered service, provided that the delivery was announced in advance within a reasonable period.
We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if non-delivery is not our fault and we have concluded a specific cover transaction with the supplier with due care. We will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded promptly.
The risk of accidental loss or deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods.
5. RETENTION OF TITLE
We retain ownership of the goods until the purchase price has been paid in full.
6. LIABILITY LIMITATION
Mani UG, GF Anika Ebert, is liable for damages other than those resulting from injury to life, body, and health only in cases of intentional or grossly negligent conduct or culpable violation of a material contractual obligation by Mani UG or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
7. WARRANTY
It is guaranteed that the goods have the characteristics described on the website www.mani.baby at the time of delivery or are free from defects. After receiving the goods, they should be promptly checked for visible defects or flaws, such as obvious transport damage or other defects. Any defects found must be reported to Mani UG, Wasserstr. 49, 47623 Kevelaer, Germany, email: info@mani.baby, within 2 months of discovery in text form (e.g., email). The warranty is not affected by this. Failure to make such complaints or contact does not have any consequences for your statutory warranty rights and their enforcement, especially your warranty rights regarding material and legal defects.
Warranty claims against consumers are subject to a statute of limitations within two years from the date of delivery of the goods to the customer. The statute of limitations for used goods is one year. The statute of limitations with regard to damages for injury to life, body, and health as well as for claims for damages due to other damages based on intentional or grossly negligent breach of duty by the seller or their vicarious agents is determined by statutory regulations.
8. INDEMNIFICATION FOR VIOLATION OF THIRD-PARTY RIGHTS
If, according to the content of the contract, the seller is obligated to not only deliver the goods but also process the goods according to specific instructions from the customer, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe upon the rights of third parties (e.g., copyright or trademark rights). The customer indemnifies us from any claims by third parties that may arise in connection with a violation of their rights due to the contractual use of the customer's content by us. In this regard, the customer also assumes the reasonable costs of necessary legal defense, including all court and attorney fees as required by law. This does not apply if the customer is not responsible for the infringement. The customer is obliged to promptly, truthfully, and completely provide the seller with all information necessary for the examination of claims and for defense in the event of a claim by third parties.
9. LEGAL RIGHT OF RETURNS
9.1 LEGAL RIGHT OF RETURNS
RETURN INSTRUCTION
Right of Return
You have the right to a refund within 14 days without stating any reason. The withdrawal period begins after receiving the order or if you have designated a third party, who is not the carrier, to take possession of the goods.
To exercise your right of withdrawal, you must inform us (Mani UG, Managing Director Anika Ebert, Wasserstr. 49, 47623 Kevelaer, Email: anika.ebert@mani.baby) by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
Please note that the return of the goods must be in their original condition, i.e., unwashed, unworn, and without alterations.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
The return of the goods or the written withdrawal by letter should be addressed to:
Mani UG, Anika Ebert, Withdrawal, Wasserstr. 49, 47623 Kevelaer
Or send us a written withdrawal by email to: anika.ebert@mani.baby with the subject line "Withdrawal."
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including the shipping costs (except for additional costs resulting from your choice of a different type of delivery than the standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we receive notice of your withdrawal from this contract.
We will use the same means of payment for the refund that you used for the original transaction. In no case will you be charged any fees for this refund. However, we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the withdrawal from the contract. The deadline is met if you send the goods before the 14-day period expires.
You bear the direct cost of returning the goods. In the case of returns of any kind, insured shipping should be chosen, as we will not be responsible for any damage caused by the loss of the goods. If you choose to return the items to us via cash-on-delivery, please note that we are entitled to charge you for any costs incurred or refuse acceptance.
We will examine the returned items for their condition and inform you of your entitlement to a refund of the amounts paid. The refund itself is considered as positive information.
If the goods deteriorate due to "examination of the characteristics and functionality," value compensation must be provided if this is due to improper handling of the item. "Examination of the characteristics and functionality" refers to testing and trying out the respective goods, as is possible and customary in a retail store. In addition, you can avoid the obligation to provide value compensation for any deterioration caused by the proper use of the item by not using the item as if it were your property and by refraining from anything that could impair its value.
Exclusion of Refunds
The right of withdrawal does not apply to contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs, or that are not suitable for return due to their nature.
END OF REFUND INSTRUCTION
RETURNS FORMULAR
If you wish to cancel tmy order, please fill out this form and send it back.
To
Mani UG
Anika Ebert
Withdrawal
Wasserstr. 49
47623 Kevelaer
I/we (*) hereby withdraw from the order concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________
_______________________________________________
Ordered on (*) ____________ / received on (*) __________________
_______________________________________________
Name of the Customer(s)
_______________________________________________
Address
_______________________________________________
Signature of the consumer(s) (only if communicated on paper)
_________________________
Date
(*) Delete as appropriate
9.2 EXCHANGES
An exchange may be approved on a case-by-case basis as a gesture of goodwill by customer service. If you have any questions regarding exchanges, please contact us via email at: anika.ebert@mani.baby. Exchange is only possible within 14 days from the delivery of the respective item. Reduced or custom-made items are generally excluded from exchange. In the case of an approved exchange, the item must be in its original condition, which includes, among other things, that the item must be unwashed, unworn, and free from damage/dirt.
9.3 RIGHT OF RETURN
A right of return after the 14-day withdrawal period generally does not exist.
10. CHANGES TO THE ORDER
After placing the order, cancellation is not possible.
After placing the order, it is not possible to add a comment in the comment field retrospectively. Please send us an email and inform us of your additions; corrections may be possible through individual case decisions.
11. PRODUCT VARIATIONS
We strive to accurately represent the characteristics of our products, including their composition and colors. However, color displays can vary depending on the end-user's device, which is why we cannot guarantee that your display medium will accurately reproduce the product colors.
Our product photos also serve as product sample images. We cannot guarantee that all details (such as buttons or zippers) in terms of color and shape will match the product photos. Additionally, there may be variations of all kinds (color, size, shape, etc.) within the raw materials (fabrics, buttons, etc.), which are inherent to production and cannot be excluded by third parties.
12. PROMOTIONAL VOUCHERS
Vouchers issued by us as part of promotional campaigns with a specified validity period, provided free of charge and not available for purchase by the customer (hereinafter referred to as "Promotional Vouchers"), can only be redeemed in our online shop and only during the indicated period.
Certain products may be excluded from the voucher promotion, as long as such limitations are stated in the content of the Promotional Voucher.
Promotional Vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.
Only one Promotional Voucher can be redeemed per order.
The total order value must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by us.
If the value of the Promotional Voucher is insufficient to cover the order, one of the offered payment methods can be selected to settle the difference.
The balance of a Promotional Voucher will not be paid out in cash or accrue interest.
The Promotional Voucher will not be refunded if the customer returns the goods paid for, in whole or in part, using the Promotional Voucher within their legal right of withdrawal.
The Promotional Voucher is intended for use by the person named on it. Transfer of the Promotional Voucher to third parties is not permitted. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.
12.1 GIFT VOUCHERS
Vouchers that can be purchased through our online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in our online shop, unless otherwise specified on the voucher.
Gift Vouchers and any remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.
Gift Vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.
Only one Gift Voucher can be redeemed per order.
Gift Vouchers can only be used for the purchase of products and not for the purchase of additional Gift Vouchers.
If the value of the Gift Voucher is insufficient to cover the order, one of the offered payment methods can be selected to settle the difference.
The balance of a Gift Voucher will not be paid out in cash or accrue interest.
Gift Vouchers are transferable. This does not apply if we have knowledge or gross negligence regarding the ineligibility, incapacity, or lack of authorization of the respective holder.
13. INFORMATION ABOUT ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obligated nor willing to participate in dispute resolution proceedings.
14. COMPANY INFORMATION
Mani UG
Anika Ebert
Withdrawal (Wiederruf)
Wasserstr. 49
47623 Kevelaer
Germany
Tax Office (Finanzamt): Geldern
VAT Identification Number (USt-ID): DE358464699
Phone: +49 151 440 21 333
Email: anika.ebert@mani.baby
As of December 2022 (12|2022)
15. LIMITATION OF LIABILITY
Mani UG, represented by Managing Director Anika Ebert, is only liable for damages other than those resulting from injury to life, body, and health to the extent that such damages are based on intentional or grossly negligent actions or on a culpable breach of a material contractual obligation by Mani UG or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected by this.