Terms of service
1. Scope
For all offers, order confirmations, contracts, deliveries and services provided by MANA'OLANA® Healing Stone Jewelery (hereinafter referred to as MANA'OLANA®) to customers of the MANA'OLANA® online shop, these General Terms and Conditions (GTC) apply exclusively. Agreements deviating from these terms and conditions are only binding if they have been agreed in writing. This also applies if the written form is to be waived when the contract is concluded.
2. Contractual partner / consumer
2.1 The purchase contract is concluded with Franziska Kraus, c/o MANA'OLANA® Heilsteinschmuck, Wiesenweg 8, 08340 Schwarzenberg. You can reach our customer service for questions, complaints and complaints from Monday to Friday from 9 a.m. to 4 p.m. on the telephone number 0176-846 941 62 or by e-mail at manaolanaboutique@gmail.com.
2.2. Our online shop and the requests to place orders contained therein are aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs are excluded from orders via our online shop.
3. Offer and conclusion of contract
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Errors excepted. Our products are only sold for private use in normal household quantities.
3.2 By clicking the "Buy" button, you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order with an order confirmation by email within 2 days. In the case of advance payment, the contract is not accepted by a separately sent order confirmation, but by the automatic order confirmation e-mail.
3.3 You have the option of concluding the purchase contract in German or English (as of 11/2022: in planning).
4. Right of withdrawal
4.1 Consumers have a 14-day right of withdrawal. Consumers are natural persons (ie people, as opposed to companies or associations) who order products from MANA'OLANA® for a purpose that cannot be attributed to either their commercial or independent professional activity.
The following cancellation policy applies to these:
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Cancellation
cancellation
You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must send us (Franziska Kraus, c/o MANA'OLANA® Heilsteinschmuck, Wiesenweg 8, 08340 Schwarzenberg, Tel.: 0176-846 941 62, email: manaolanaboutique@gmail.com) a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation
If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. We bear the direct costs of the return.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of cancellation
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4.2 Please avoid damage and contamination. If possible, send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. Please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
4.3 Please send the goods back to us as a stamped package and keep the proof of posting.
5. Prices and shipping costs
5.1 The prices stated on the product pages are gross prices and therefore include the applicable statutory value added tax and do not include shipping costs. For deliveries to non-EU countries, additional duties, taxes and fees apply.
5.2 In addition to the stated prices, we charge shipping costs for the delivery. The shipping costs will be clearly communicated to you in the "Shipping & Delivery" menu item, in the shopping cart system and on the order page.
6. Delivery
6.1 Delivery takes place with the shipping service provider DHL within Germany and upon request to manaolanaboutique@gmail.com in selected countries.
6.2 The information in the shopping cart of the online shop applies to the delivery time.
6.3 If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
6.4 If the delivery of the goods fails through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you immediately.
7. Payment
7.1 Payment can be made either by bank transfer, credit card, Paypal or invoice.
7.2 Payment by invoice (only available for consumers in Germany)
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment has to be made to Klarna in each case.
7.21 Klarna invoice
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here. The online shop does not charge a fee per order when purchasing on account with Klarna.
7.22 Data protection notice
Klarna checks and evaluates your data and, if there is a legitimate interest and cause, exchanges data with other companies and credit agencies. Your personal information will be processed in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany.
8. Retention
The goods remain our property until full payment has been made.
9. Limitation of liability
9.1 All claims for damages and reimbursement of costs by the customer (hereinafter referred to as "claims for damages") against MANA'OLANA® for whatever legal reason, including breach of obligations in connection with the contract, culpa in contrahendo, other breaches of duty or tort Claims are excluded.
9.2 However, the exclusion of liability according to Section 9.1 does not apply if intentional or grossly negligent behavior by us or one of our representatives, employees or other vicarious agents is the basis for the claim for damages; if damage to life, limb or health culpably caused by us or one of our representatives, employees or other vicarious agents is the basis for the claim for damages; as well as with regard to the legally mandatory liability, in particular under the German Product Liability Act and in the event of a breach of the guarantee promises by us; if we or one of our representatives, employees or other vicarious agents negligently violate an essential contractual obligation; in this last case, however, our liability is limited to the amount of damage that is usually foreseeable. For the rest, the statutory provisions regarding the amount of liability shall apply, provided that liability is not excluded in accordance with Clause 9.2.
9.3 Insofar as the liability for damages towards MANA'OLANA® is excluded or limited, this also applies with regard to the personal liability for damages of our representatives, employees or other vicarious agents.
9.4 The above provisions do not imply a change in the burden of proof to the detriment of the Purchaser and do not exclude any claims expressly granted in these General Terms and Conditions.