Terms of Service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (Bühler & Haneberg GbR) via the website www.mamanuka.com. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes concludes, which for the most part can be attributed neither to their commercial nor their self-employed 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 their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Object of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You 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 payment and shipping conditions, the order data will then be displayed as an order overview .
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be referred to the Order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before sending the order, you have the option of checking the details in the order overview again and changing them (also using the "back" function) of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by E-mail partially automated. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of the contract
(1) The subject of the contract is the implementation of courses.
Already by placing the respective course offer on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After you have called up the "Checkout" page and entered your personal data and the payment terms, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(3) Your requests for the preparation of an offer are non-binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Performance of courses
(1) The courses shall be held in the form described in the respective offers on the agreed dates.
(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.
(3) In the event of cancellation of an individual event due to short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
In the case of events consisting of several event dates, if a date is cancelled due to short-term absence of the course instructor due to illness or other important reason, the cancelled date will be made up on a replacement date.
(4) In connection with the use of course rooms and objects, you must comply with the locally displayed house rules. You must follow our instructions or the instructions of the course instructor.
§ 5 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge up to 7 days before the start of the course. The withdrawal must be in text form (e.g. e-mail). The relevant date for meeting the deadline is the date on which we receive the notice of withdrawal.
Withdrawal is not possible less than 7 days before the start of the course.
(2) In case of non-participation or partial participation in the booked course, no refund of course fees is possible. (3) The legal right of withdrawal is not affected by this, it exists regardless of the existence or non-existence of this additional right of withdrawal.
additional right of withdrawal.
§ 6 Substitute participant
You can name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.
§ 7 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment will be made to Klarna in each case:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
For more information and Klarna's terms of use, click here. General information about Klarna can be found here. Your personal information will be handled by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's privacy policy.
You can find more information about Klarna here. You can find the Klarna App here.
§ 8 Right of retention, retention of title
(1) You may exercise a right of retention only insofar as it concerns claims arising 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 shall apply in addition:
(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 hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, 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 to the extent that 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.
§ 9 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 fail to do so, this shall have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed to be agreed as the quality of the item, but not
other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. 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 defect or other circumstances indicate otherwise.
other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall 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 which 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.
§ 10 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not conflict with the law of the
of the state of the consumer's habitual residence is not withdrawn (favorability principle). (2) The provisions of the UN Sales Convention shall expressly not apply.
II. customer information
1. identity of the seller
Bühler & Haneberg GbR, Weisestraße 4, 12049 Berlin, Germany
Germany
Phone: 01623859403
E-mail: hello@mamanuka.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS 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 The contract language is German.
3.2 The complete text of the contract shall not be 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 browser's print function. After receipt of the
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. 3.3.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have subjected ourselves to the Buyer Seal Quality Criteria of the Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel- certification-criteria.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/.
5 Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment modalities
6.1 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.
6.2 The shipping costs 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 by you in addition, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall 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.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6.7 Unless otherwise agreed, payment for course bookings must be made at the latest on the course date on site before the start of the course, otherwise there is no right to participate.
7. delivery conditions
7.1 The terms of delivery, 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.
7.2 Insofar as 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 shall be at your risk.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by Händlerbund lawyers specializing in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.
last update: 30.11.2022