Terms of service

 

I. GENERAL TERMS AND CONDITIONS

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts that you conclude with us as the provider (Konstanze Bücheler) via the website https://nani-makani-com.myshopify.com/password. Unless otherwise agreed, any terms and conditions of your own that you may use are hereby rejected.
  2. A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legal partnership who, when entering into a legal transaction, is acting in the exercise of their independent professional or commercial activity.

 

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.
  2. By listing the respective product on our website, we make you a binding offer to conclude a contract for these goods 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 you intend to purchase are placed in the “shopping cart.”
  • You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
  • After accessing the “checkout” page and entering your personal data, as well as payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment provider.

If you are redirected to the respective instant payment provider, you will make the appropriate selections or enter your data there.
Finally, you will see the order data displayed as an order overview either on the provider’s website or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview, correct it (also using the “back” function of the Internet browser), or cancel the order.

By submitting the order via the corresponding button (“buy” or similar designation), you legally declare your acceptance of the offer, and the contract is concluded.

  1. Order processing and the transmission of all information required in connection with the conclusion of the contract will take place by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular, that it is not prevented by SPAM filters.

 

§ 3 Special Arrangements Regarding Offered Payment Methods

  1. Payment via Klarna
    In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.     Payment is made to Klarna:
  • Sofortüberweisung (Instant Bank Transfer): Available in Germany and Austria. Your account will be debited immediately after placing the order.
  • Direct Debit: The account will be debited after the goods are dispatched. The time will be communicated to you by email.
  • Credit Card (Visa/Mastercard): Available in Germany and Austria. The account will be debited after the goods or tickets are shipped / the service is available, or in the case of subscriptions, according to the communicated times.

The use of payment methods such as invoice and/or installment purchase and/or direct debit requires a positive credit check. For this purpose, we forward your data to Klarna during the purchase initiation and processing of the purchase contract for the purpose of address and credit check. Please understand that we can only offer you the payment methods that are permissible based on the credit check results.

Further information and Klarna’s terms of use can be found here.
Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and as described in Klarna’s privacy policy.
You can find the Klarna app here.

 

§ 4 Right of Retention, Reservation of Title

  1. You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until full payment of the purchase price has been made.

 

§ 5 Warranty

  1. Statutory liability for defects applies.
  2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

 

§ 6 Choice of Law

  1. German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (favorability principle).
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

 

II. CUSTOMER INFORMATION

1. Identity of the Seller
Konstanze Bücheler
Miebacher Weg 16
51766 Engelskirchen
Germany
Phone: +49 2263 801128
Email: info@nani-makani.com

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at:
https://ec.europa.eu/odr

 

2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and the options for correction are carried out in accordance with the provisions of the “Conclusion of the Contract” section of our General Terms and Conditions (Part I).

 

3. Contract Language and Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

 

4. Codes of Conduct
4.1. We have committed to the code of honor of Trusted Shops GmbH, which can be viewed at:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

 

5. Main Characteristics of the Goods or Services
The main characteristics of the goods and/or services can be found in the respective offer.

 

6. Prices and Payment Conditions
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be displayed separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. Any costs for the transfer of funds (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.4. The available payment methods are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

 

7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or another person designated to carry out the shipment.

 

8. Statutory Warranty for Defects
Liability for defects is governed by the “Warranty” section in our General Terms and Conditions (Part I).

 

These General Terms and Conditions and customer information were created by lawyers specializing in IT law at Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice

Last Updated: 27.10.2020