GENERAL TERMS AND CONDITIONS
I. General terms and conditions and customer information
§ 1 Basic regulations
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Mamiweb GmbH (Haritaki Club), hereinafter referred to as "Haritaki Club") via the internet site www.Haritaki.club. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.After calling the page "Checkout / Checkout" and entering the personal data and the payment and shipping terms, all order data are finally displayed again.
. Before submitting the order, you have the option here to check all the information again, change (also via the "back" function of the Internet browser) or cancel the purchase.By sending the order via the button "Order now subject to payment" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
. If you use an instant payment system (e.g. PayPal, Sofort) as a payment method, you will be redirected to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system, you make there the appropriate selection or entry of your data.(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, the receipt of the e-mails is technically ensured and in particular not prevented by SPAM filters.
(5) Please note that we sell all products only in household quantities. This refers both to the number of products ordered as part of one order and to the placement of multiple orders of the same product, where the individual orders comprise a household quantity.
(6) Should the goods not be available due to force majeure or product discontinuation or should we not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after conclusion of the contract and are not our responsibility, Haritaki Club shall be released from its obligation to deliver. Should events occur that make delivery significantly more difficult or impossible for us - for example strike, lockout, official orders or similar - we shall not be responsible for delays even in the case of bindingly agreed deadlines and dates. agreed deadlines and dates.
§ 3 Special agreements on offered payment methods
In cooperation with Stripe Inc (publ), 354 Oyster Point Boulevard, South San Francisco, California, 94080, USA, we offer the following payment options. Payment is made to Stripe in each case: Credit Card, Sofort, Giropay as well as SEPA Direct Debit.Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after placing the order.
SEPA direct debit: The debit will be made after the goods have been shipped. The time will be communicated to you by e-mail.The use of the direct debit payment method requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
§ 4 Right of retention, reservation of ownership
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.b) In the event of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 6 Cancellation policy
- CANCELLATION POLICY -
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.)You have the right to cancel this contract within fourteen 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 or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the first goods or has taken possession of the first goods, if goods are delivered for regular delivery over a fixed period of time as part of an order.
Mamiweb GmbH
Schuhmannstraße 27
D-60325 Frankfurt am Main
E-Mail: service@haritaki.club
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
If you make use of this option, we will try to send you a confirmation of receipt of your cancellation without delay (e.g. by email). In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you revoke this contract, we will refund all payments for the purchased goods that we have received from you, but we will not refund the return shipping costs. This repayment will be made without undue delay and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the repayment in any case. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.To do this, you must return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You have to bear the regular costs of the return if the delivered goods correspond to the ordered goods.You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
The right of withdrawal expires prematurely in the case of contracts- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Sample cancellation form
(If you want to revoke the contract, then fill out and return this form)
- To Mamiweb GmbH, Schuhmannstraße 27, D-60325 Frankfurt am Main, E-Mail: service@haritaki.club
- /we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods/
- Name of the consumer(s)
- Ordered on (*)/received on (*)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete where inapplicable
- END OF THE CANCELLATION POLICY -
§ 7 General information about the return
Please avoid damage and contamination of the goods before returning them. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with proper packaging. Proper in this case means that the packaging must comply with the terms and conditions of the shipping service provider.
If the delivered goods do not correspond to the ordered goods, please contact us at: service@haritaki.club with the reason of your return request before returning the goods.
Never send the goods back to us freight collect, otherwise the parcel service provider will charge high fees that we will have to pass on to you.
Of course, your right of withdrawal remains unaffected by this provision.
§ 8 Liability
Haritaki Club shall be liable without limitation to the extent that the cause of damage is based on an intentional or grossly negligent breach of duty by Haritaki Club or a legal representative or vicarious agent of Haritaki Club.
Furthermore, Haritaki Club is liable for the slightly negligent breach of essential obligations. Essential obligations are obligations, the breach of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you regularly rely. In this case, however, Haritaki Club shall only be liable for the foreseeable damage typical for the contract. Haritaki Club shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of Haritaki Club is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 9 Choice of law, place of performance, place of jurisdiction, final provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions, at any time. Your order will be governed by the terms and conditions in effect at the time you place your order, unless a change to those terms and conditions is required by law or governmental regulation (in which case they will apply to orders you have previously placed).
(5) If individual provisions in this contract, including this clause, are invalid in whole or in part, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
II. Customer information
1. Identity of the seller
Mamiweb GmbHSchuhmannstraße 27
D-60325 Frankfurt am Main
Germany
E-Mail: service@haritaki.club
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. 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.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, 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. Any costs incurred for the transfer of funds shall also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
5.5. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
6.3. Unless otherwise agreed, delivery is made to the delivery address specified by the customer. The delivery address may differ from the billing address.
6.4. On the website itself you will find information about the availability of products sold by Haritaki Club (e.g. on the respective product detail page). As a precautionary measure, we would like to point out that all information on availability, shipping or delivery of a product is only anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. If Haritaki Club discovers during the processing of your order that products ordered by you are not available, you will be informed separately. Of course, the legal claims of the purchaser remain unaffected.
6.5. If delivery to the Customer is not possible because the Customer or a person authorized to accept delivery cannot be found at the delivery address provided by the Customer, even though the Customer has been given reasonable notice of the delivery date, the Customer shall bear the costs of the unsuccessful delivery or of the return and a new delivery.
6.6. A self-collection of the goods is unfortunately not possible for organizational reasons. There is no entitlement to this. If, however, in a particular case, there are such exceptional reasons for a standard shipment that this is not possible, please contact us anyway if you have such a request. Haritaki Club will then try to meet the self-collection as best as possible and to a reasonable extent.
6.7. Unless we have agreed otherwise with you, several items with different delivery times will be sent in one shipment. In this case, the delivery time that applies to the ordered item with the longest delivery time applies to the shipment of goods as a whole.
6.8. Our packages are shipped by DHL, Hermes, GLS or with Deutsche Post AG from our warehouse either in Austria or Germany. Delivery takes place within the European Union in 3-5 business days, unless otherwise stated on the respective product page on the website.
The period for delivery begins on the day after conclusion of the contract. This is in the case of payment in advance by online transfer on the business day after receipt of the payment order to the transferring bank and in the case of payment in advance by means of a voucher-based transfer two business days after receipt of the payment order to the transferring bank.
The period for delivery ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
7. Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Coupons
Vouchers are valid for the entire range of the online store, unless otherwise stated. To pay with a voucher, the code can simply be entered in the designated voucher field when completing the order and the value of the voucher will be applied to the value of the purchase. There are no fees for redeeming the vouchers.
last update: 01.08.2022
