TERMS AND CONDITIONS
§ 1 Scope, Definitions
(1) For all contracts concluded between the online shop malandracachaca.com (hereinafter referred to as “online shop”)
Malandra UG, Birkenstrasse 22, 10559 Berlin
registered at the district court of Charlottenburg (Berlin) under registration number HRB 209384 B represented by the managing director Tássia Lorenzini Varani
Telephone number: +49 3095999740
(hereinafter "Provider") and the visitors of the online shop who have agreed to the validity of these General Terms and Conditions (hereinafter "Customer"), the following General Terms and Conditions ("GTC") apply exclusively in the version valid at the time of the order . Deviating general
The customer's terms and conditions are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the “Order with obligation to pay” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer clicks on the button "I agree to the terms and conditions and I agree to their validity." accepted the terms and conditions and thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation ). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in German.
(4) Workshops - Malandra Online Masterclass
Workshops are carried out by the respective organizer.
Place, time, scope of services and conditions of participation result from the respective event description.
All descriptions of workshops that are listed on the platform are based on the information provided by the organizers. On the part of the organizer, it may be necessary to slightly change the scope of services, time or place of the workshop. As soon as changes become known, Malandra will immediately include them in the event description.
The photographs and videos used, which are listed in connection with the respective service description, serve only to illustrate the respective workshop.
Malandra does not guarantee the quality or accuracy of the data presented online. In particular, the service description of a workshop on the platform is not a guarantee in the legal sense.
The sale of the tickets will be completed one week before the event so that the customer will receive the participation documents in good time.
If the customer purchases the event less than a week in advance, Malandra reserves the right to postpone the customer's participation and the customer will be offered a new date. In the event of a date incompatibility, see point (4.3) Exchange, return, postponement and cancellation vis-à-vis the organizer.
If the customer does not receive the box with the material by the date of the event, the customer can contact Malandra to postpone participation in the workshop. If the date is incompatible, see point (4.3) Exchange, return, postponement and withdrawal from the organizer.
(4.1) Prerequisites for participation
Participation in events may require certain personal aptitudes (e.g. age, gender or state of health). These requirements can be found in the respective event description. The customer is responsible for ensuring that he or other participants, for whom he is purchasing or transferring the ticket, meet the requirements.
Failure to meet the prerequisites for participation according to V.1 leads to exclusion from the event. A refund of the purchase price is excluded in this case.
The tickets are dispatched exclusively electronically and via the purchase receipt and include the dispatch of the items described in the workshop description.
Tickets entitle the customer to the respective workshop organizer to participate in a workshop at the booked time or period with the services specified in the event description.
If a person fulfills the participation requirements according to V.1, the tickets are generally non-personal and freely transferable.
(4.3) Exchange, return, postponement and withdrawal from the organizer
If events are canceled or postponed by the organizer for important reasons, the customer is entitled to an alternative date. Any claims exist exclusively against the organizer and must be communicated with him. If an alternative date cannot be agreed for understandable reasons, the participation fee already paid for the event will be reimbursed to the customer. In this case, the customer must return the properly sealed products to the organizer within 14 working days. The shipping costs are charged to the customer. After shipping, the organizer will refund the full amount to the customer.
A return of the tickets against reimbursement of the ticket price is otherwise excluded. An exchange of a ticket is also fundamentally excluded.
If the customer misses the appointment, the purchase price will not be reimbursed.
§ 3 delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is a maximum of 5 days. Due to the corona crisis and the Christmas season (November / December), the delivery time could be longer. Please check your tracking number regularly.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer immediately.
(3) If the product is permanently unavailable, the provider refrains from an order confirmation and thus from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will in this case also refrain from confirming the order and thus from a declaration of acceptance, but may submit a new offer to the customer with notification of the possible delivery time. In this case, a contract is only concluded if the customer accepts this offer from the provider.
(5) The following delivery restrictions apply:
• The provider only delivers to customers who have their habitual residence (billing address) in Germany and who can provide a delivery address in Germany.
• The provider only delivers to people who are 18 years of age or older.
§ 4 retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 prices and shipping costs
(1) All prices quoted on the provider's website include the applicable statutory sales tax plus shipping costs.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer has to bear the direct costs of the return.
§ 6 payment modalities
(1) The customer can pay by credit card (VISA & Mastercard) and PayPal.
(2) Payment of the purchase price plus shipping costs is due for payment immediately upon conclusion of the contract.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 f. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
§ 8 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from Paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 cancellation policy
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the legal model below. A sample withdrawal form can be found in paragraph (2).
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason .
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Malandra UG, address: Birkenstrasse 22, 10559 Berlin, telephone number: +49 3095999740, email address: firstname.lastname@example.org) by means of a clear declaration (e.g. one with the Post , fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction
unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- End of revocation -
(2) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Birkenstrasse 22, 10559 Berlin
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only if this is communicated on paper)
(*) Cross out what is not applicable.
§ 10 Dispute Resolution
The European Commission provides an internet platform for online dispute resolution (OS). The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http: // ec.europa.eu/consumers/odr. However, the provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Berlin.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist.
Status: November 2020