§ 1 Scope of Application
(1) The services that are subject of the contract shall be provided by mantiburi GmbH. The contracting partner of the Purchaser shall only be mantiburi GmbH
(2) The following General Terms of Business are an integral component of each contract between mantiburi GmbH, Am Berg 3-11, 01665 Klipphausen, Germany (referred to in the following as “mantiburi“) and the respective Purchaser.
(3) Mantiburi shall provide its services and deliveries solely based on the present General Terms of Business. The Purchaser acknowledges the present General Terms of Business as binding. Conflicting terms of business of the Purchaser shall have no effect insofar as they are contrary to the present General Terms of Business.
§ 2 Formation of Contract
(1) The presentation of mantiburi’s products, including, in particular, the presentation in the form of prospects, advertisements and in the Internet, shall not represent a binding offer by mantiburi.
(2) Purchasers can select from mantiburi's range of products and add the selected products to an electronic shopping cart by clicking on the “Add to basket” button. Upon pressing the “Checkout” button, purchasers are transferred to a checkout page, where they can submit a binding order for the purchase of the goods in the shopping cart. Before sending the order, purchasers can modify and inspect their data at any time. It should be noted that the order can only be submitted and assigned if the purchaser has also accepted the present General Terms and Conditions by checking the associated checkbox.
§ 3 Right of revocation for consumers
Start of the revocation instruction
(1) Right of revocation
You can revoke your contractual declaration without specifying any reasons by sending a notice in text form (e.g. a letter, fax or e-mail) within a period of 14 days or – if the goods have been delivered to you before the end of this period – also by returning the goods. This period starts at the earliest on the day after the day on which the goods were received. The period of time for revocation of the contract shall be deemed observed if the revocation notice or the goods in question are sent back on time. Please send your revocation notice to:
a brand of
Am Berg 3-11
01665 Klipphausen OT Wildberg
Fax- Nr.: +49 (0) 351 / 407 689 69
(2) Consequences of revocation
In the event of effective revocation, the services/goods received by either party shall be returned and any benefits that may have accrued (e.g. interest) shall be refunded. If you are partially or wholly unable to return the goods received from us – or if you can only return the goods in a deteriorated condition – you shall be obliged to provide us with appropriate compensation. This shall not apply if such deterioration is completely attributable to your inspection of the goods – as it would have been possible for you e.g. in a shop. Furthermore, you can avoid the obligation to provide compensation for damage to the goods caused by their use for the intended purpose by not using the goods as if they were your property and by abstaining from any action, which might impair their value. You shall bear usual costs associated with returning the goods if the delivered goods match the ordered goods and if the price of the goods to be returned does not exceed EUR 40 or if the price is above EUR 40 but you have not yet made full payment or a contractually agreed partial payment at the time of revocation. In all other cases, the return delivery is free of charge for you. Objects not capable of dispatch by parcel shall be collected at your location. All obligations related to the refund of payments must be met within 30 days. The revocation period for you shall commence upon sending your revocation notice; for us, the revocation period shall commence upon receipt thereof.
(3) Financed transactions
If you have financed this contract with a loan and revoke the contract thus financed, you will also no longer be bound by the loan contract provided that both contracts form a single economic unit. This shall be assumed to be the case, in particular, if we are your loan provider at the same time or if your loan provider requests our assistance with regard to financing. If we have already received the loan when you effectively revoke the contract or return the goods, your lender shall succeed to our rights and obligations towards you under the financed contract in respect of the legal consequences of the revocation or return. The latter clause shall not apply if the contract in question concerns the purchase of financial instruments (e.g. securities, currencies or derivatives). If you should wish to avoid any contractual obligations as far as this is possible, please revoke both agreements separately.
End of the revocation instruction
(4) Legal notice
The right of revocation shall also not apply to contracts for the delivery of goods, which are manufactured according to customer specifications or have been clearly tailored for personal needs or which are unsuitable for return shipment due to their nature or are easily perishable or would be past their expiration date.
§ 3.1 Agreement on the exercise of the right of revocation
If the customer exercises his/her right to withdraw from the contract, he/she takes the usual costs of return if the delivered goods correspond to those ordered and if the gross purchase price of the item/s to be returned do/es not exceed 40 EUR or, in case of a higher price of the item, if at the time the customer cancels the order he/she has not yet provided his/her return service or any payment installment as stated in the contract. Otherwise the return of the item is free of charge.
§ 3.2 Voluntary right of revocation for yourdecoshop articles
(1) Voluntary right of revocation until 30 days after receipt of goods
For all purchases of yourdecoshop articles we grant a voluntary right of revocation of 30 days after receipt of goods in addition to the legal right of revocation. With this right of revocation you can still cancel your order after the end of the 14 days cancellation time limit (see “Right of revocation for consumer” above) by sending back the items within 30 days after receipt (period starting one day after receipt of items) to the following address:
Am Berg 3 – 11
01665 Klipphausen, Wildberg
A sending in time is sufficient for meeting the period. Within the context of the voluntary right of revocation, the mantiburi GmbH takes back items in original condition and original packaging only. A return is thus excluded for items that show signs of wear and tear arising from a use that goes beyond a pure test and so make the product no longer appear as “new”.
For sending back an item you can use the return form which you can print from www.yourdecoshop.en/en/Returnpolicy If you have any problems with downloading the form or if there is no printer at your disposal, please contact our customer service.
The voluntary right of revocation does not apply to the purchase of gift vouchers, custom-made products and specified articles (e. g. canvas art).
In case of revocation, the sum of refund is always transferred to the account the customer used for payment.
(3) No effect to the legal right of revocation
The right of revocation (§ 3) legally entitled to the customer is not affected by the additional voluntary right of revocation. The legal conditions stated in the “Right of revocation for consumer” are in force solely until the ending of the period of the legal right of revocation. The (voluntary) right of revocation granted in the contract does not limit the legal guaranties of the consumer, those are valid without exception.
§ 4 Information on Data Processing
(1) In dealing with contracts mantiburi collects data of the Purchaser. In so doing, mantiburi complies with statutory regulations, such as the German Federal Data Protection Act and the German Telemedia Act. Without consent, mantiburi shall only collect, process or use data of the Purchaser in respect of inventory and use, insofar as this is required, for example, to handle contractual relations.
(2) In other respects regarding the consent of the customer and other information on the collection, processing and use of data, reference is made to the data protection declaration, which can be called up in printable form at any time on the website www.yourdecoshop.com over the link “Privacy Statement”.
§ 5 Data Security
(1) Your personal, identifiable data shall be encrypted for transmission over the Internet during the order process by means of Secure Socket Layer (SSL). We shall secure our website and other systems by technical and organisational means against loss, destruction, access, modification or distribution of your data by unauthorized parties.
(2) You should always treat your personal data as confidential and close the browser window after you have finished communication with us, particularly if you share a computer with others.
§ 6 Claims to Warranty
(1) mantiburi shall be liable for material defects and defects of title subject to the applicable regulations of the law, particularly Sections 434 ff Bürgerliches Gesetzbuch (BGB – German Civil Code). If a defect is only revealed after more than 6 (six) months after handover, the Purchaser shall provide evidence that the item was defective at the time of the passage of risk. Otherwise it shall be up to mantiburi to provide evidence that the item was flawless upon handover.
(2) The obligation of warranty towards enterprises (Section 14 BGB) in terms of items delivered by mantiburi shall last for a period of 12 (twelve) months as from receipt of the item by the Purchaser. Any assignment of these claims of the Purchaser shall be ruled out.
(3) Not included in the warranty shall be impairments attributable to the typical wearing of the product, unprofessional use, overstraining of the item or poor or faulty care.
§ 7 Terms of Payment
(1) All prices shown on the mantiburi website include the respectively valid sales tax.
(2) The prices of mantiburi are on principle those prices featured in the website’s shopping
basket at the time the order was placed. As Purchaser, kindly make sure that any possibly differing prices are not loaded from the interim storing of data (for example your browser cache). These prices are possibly not up-to-date and shall consequently not feature in a contract with mantiburi.
(3) Payment of the purchase price shall be due directly upon entering into the contract. If the due calendar date is specified, the Purchaser shall be in default by failing to make payment on that date. In this case, the Purchaser shall pay mantiburi penalty interest as laid down by the law. The duty of the Purchaser to pay penalty interest shall not rule out the assertion of further damages attributable to the default by mantiburi.
(4) Payment modalities shall be the terms of payment valid at the time the order was placed. You will find these under www.yourdecoshop.com/paymentmethods.
(5) The Purchaser shall only be entitled to offset if its counterclaims have been established by declaratory judgment or are undisputed.
§ 8 Retention of Title
mantiburi shall retain title to all goods it delivers to the Purchaser until final and full payment has been made for the delivered goods.
§9 Agreement on the Expense of Return
If you, as Purchaser, exercise your right to cancel the contract, you shall bear the usual costs of the return if the delivered goods correspond to those ordered and if the gross purchase price of the item to be returned does not exceed 40 EUR or, for a higher priced item, if at the time you cancel the contract you have not yet provided your own return service or effected a payment instalment as contracted. Otherwise the return of the item shall be free of charge for you.
§ 10 Exclusion of Liability
(1) mantiburi shall be unrestrictedly liable insofar as the damages were caused by wilful intent or gross negligence.
(2) Furthermore mantiburi shall be liable for the negligent breach of major duties, the breach of which jeopardizes achievement of the purpose of the contract or for the breach of obligations, the fulfilment of which renders proper implementation of the contract at all possible and in the compliance with which you regularly place your trust. In this case, mantiburi shall only, however, be liable for foreseeable damages that are typical for the contract. mantiburi shall not be liable for any breach of other duties other than those named in the above sentences.
(3) The above restrictions of liability shall not apply to injury to life and limb, to any defect after the guarantee for product quality has been assumed or to defects that have been maliciously concealed. Liability under the Product Liability Act shall remain unaffected hereby.
(4) Insofar as the liability of mantiburi is ruled out or restricted, this shall also apply for the personal liability of employees, representatives and vicarious agents.
§ 11 Storage of the Contract Text
The contract text shall not be saved by mantiburi and can no longer be called up after completion of the order process. You, however, shall be able to print out your order data immediately after placing the order.
§ 12 Applicable Law/ Concluding Provisions
(1) German law shall apply to the legal relations between mantiburi and the Purchaser and to the respective terms and conditions of business. The application of the UN Convention on Contracts for the International Sale of Goods dated 11.04.1980 and of private international law shall be ruled out.
(2) The provisions from Section § 13 (1) shall not affect statutory regulations of the law of the country in which the Purchaser has his regular place of abode if and insofar as the Purchaser has contracted a purchase agreement that cannot be attributed to the professional or commercial activities of the Purchaser (Consumer Contract) and if the Purchaser has taken the legal measures to enter into the purchase agreement that are required in the country in which he has his regular abode.
(3) Insofar as the Purchaser is a business person as defined in the German Commercial Code, a legal entity under public law or special assets under public law, the place of jurisdiction for the disputes derived from the present contract shall be Dresden.
(4) Should single provisions of the present General Terms of Business not be operative in whole or in part or should they subsequently cease to be operative, the validity of the remaining provisions of the contract shall not be affected hereby.