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General Terms and Conditions

1. Scope of application

The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in exercise of their trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Manu JTC GmbH.

By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by email.

3. Contract language, storage of contract text

The language(s) available for concluding the contract: English

We do not save the contract text.

4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Prepayment
If you select the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
When you place your order, you provide your credit card details. After you have been identified as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Google Pay
In order to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further instructions during the ordering process.

Apple Pay
In order to pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further instructions during the ordering process.

6. Right of withdrawal

Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or transport insurance.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to Section 445a of the German Civil Code remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 8:00 a.m. to 4:00 p.m. by calling (+49) 01 520 79 74 700 or by email at [email protected].

9. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Points of Single Contact for Member States’ authorities, the Commission and the Board of DSA

According to the DSA Article 11, MANU JTC, s.r.o. (further as Manu) designates the following email address as the Single Point of Contact for the direct communication with the government offices of EU Member States, European Commission and the Board for Digital Services.

Contact us here:

Contact us at [email protected]. In the body of the email, please include your name and the office you are representing. Furthermore, please include an email address that is directly related to the relevant office.

This Point of Single Contact is reserved for official government communication.

The communication for this address can proceed in either Czech or English language. In case of further proceedings, we may be able to adapt to communication in a different language. If you are looking for a Point of Single Contact for non-governmental matters, please consult our contact information (link) or see below in case you are a consumer of our services.

Points of Single Contact for recipients of service

According to the DSA Article 12, Manu designates the following email address as the exclusive point of contact for the users of our services: click here or contact us at [email protected]

When contacting us at the [email protected] email, please include your name and the name of the service provided. Furthermore, please include a return email address.

This Point of Single Contact is reserved for service recipients.

The communication for this address can proceed in either Czech or English language. In case of further proceedings, we may be able to adapt to communication in a different language. If you are looking for a Point of Single Contact for legal matters, please consult our contact information (link).

Legal representative

According to the DSA Article 13, the legal representatives are:

Zbyněk Kašing
Nová 369/10, Malé Hoštice, 747 05, Opava, Czechia
[email protected]
+420 777 707 586 (Office hours for the abovementioned contact information are Mon-Fri 6:00 - 15:00)

Notice and action mechanisms

If you need to contact us about unlawful content within our services, please fill in and submit this form and include all of the following information:

(a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;

(b) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;

(c) the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (link);

(d) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

In addition, whether and to the extent that Manu´s services qualify as “online platform” services within the meaning of Article 3(i) of the DSA, the following information applies:

Internal complaint-handling system

If you want to submit a complaint against our decision on a notice received or any of the following decisions regarding the information you submitted, its unlawful content or the breaking of the Terms of Service of Manu:

(a) decisions whether or not to remove or disable access to or restrict visibility of the information;

(b) decisions whether or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;

(c) decisions whether or not to suspend or terminate the recipients’ account;

(d) decisions whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by the recipients.

Your complaint can be submitted for free within six months of the receival of the decision of Manu.

Out-of-court dispute settlement

If you’re a recipient of services from Manu as an online platform (as defined in DSA), including physical and legal persons who submitted a notice belonging to the „Internal complaint-handling system“ are entitled to choose any certified institution for extrajudicial settlement according to the Article 21 subparagraph 3 of the DSA. This institution can provide help in solving conflicts regarding decisions, including complaints that were not resolved using the internal complaint-handling system.

11. Final provisions

If you are a merchant within the meaning of the Netherlands Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

 

General Terms and Conditions created with the Trusted Shops Legal Texter in cooperation with FÖHLISCH Rechtsanwälte.

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