General terms and conditions and customer information I. General Terms and Conditions of Business § 1 Basic provisions (1) The following terms and conditions of business apply to contracts that you conclude with us as the supplier (Bühler & Haneberg GbR) via the website www.mamanuka.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use. (2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction in exercise of their independent professional or commercial activity. § 2 Conclusion of the contract (1) Subject of the contract is the sale of goods. (2) As soon as you place the respective product on our website, we will submit a binding offer to conclude a contract 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 intended for 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 calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, instant payment system) as payment method, you will either be directed to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data is displayed as an order overview. Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order via the corresponding button ("pay order" or similar term) you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded. (4) Your requests for quotations are not binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer). (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 3 Conclusion of the contract for courses (1) The subject of the contract is the execution of courses. As soon as the respective course offer is posted on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description. (2) The contract is concluded via the online shopping cart system as follows: The courses intended for booking 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 calling up the "Checkout" page and entering your personal data as well as the payment terms, the order data is finally displayed to you as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as payment method, you will either be directed to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data is displayed as an order overview. Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order via the corresponding button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded. (3) Your requests for quotations are not binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer). (4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 4 Service provision for courses (1) The courses in the form described in the respective offers are held on the agreed dates. (2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer. If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) no later than 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case. (3) In the event of cancellation of an individual event due to the short-term absence of the course instructor due to illness or other important reason, any services already rendered will be refunded immediately. In the case of events consisting of several dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for other important reasons, the cancelled date will be made up on an alternative date. (4) In connection with the use of course rooms and objects, you must comply with the local house rules. You must follow our instructions or the instructions of the course instructor. § 5 Withdrawal / Cancellation (1) You can withdraw from the contract free of charge up to 7 days before the start of the course. The withdrawal must be in text form (e.g. e-mail). The relevant date for meeting the deadline is the receipt of the declaration of withdrawal by us. Less than 7 days prior to the start of the course, withdrawal is no longer possible. (2) In case of non-participation or partial participation in the booked course, no refund of course fees is possible. (3) The legal right of withdrawal is not affected by this, it exists independently of the existence or non-existence of this additional right of withdrawal. § 6 Substitute participants You can name a substitute participant at any time before the course starts. There are no costs for this rebooking. § 7 Special agreements on 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. The payment is always made to Klarna:
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order. More information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy. You can find more information about Klarna here. You can find the Klarna app here. § 8 Right of retention, retention of title (1) You may only exercise a right of retention if it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following applies in addition: a) We retain title to the goods until all claims arising from the current business relationship have been settled in full before. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves. c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion. § 9 Warranty (1) The statutory rights of liability for defects shall apply. (2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims. (3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above: a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we shall, at our discretion, provide warranty either by repair or by subsequent delivery. If the rectification of defects fails, you may at your discretion demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply: - culpably caused damages attributable to us arising from injury to life, body or health and in the case other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and whose defectiveness is have caused;
- in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects. § 10 Choice of law (1) German law applies. In the case of consumers, this choice of law shall only apply insofar as it is not contradicted by mandatory provisions of the law, of the State of the consumer's habitual residence is not withdrawn (favourability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. II. Customer information 1. Identity of the seller Buhler & Haneberg GbR
Okerstr. 45 c/o D.Collective
12049 Berlin
Germany
Phone: 01623859403
E-mail: hello@mamanuka.com Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr. 2. Information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.). 3. Contract language, contract text storage 3.1 Contract language is German. 3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically. 4. Codes of conduct 4.1. We have submitted to the buyer seal quality criteria of the Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, available at https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegelzertifizierungskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/ 5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are to be found in the respective offer. 6. Prices and terms of payment 6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised. 6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you. 6.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union. 6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 6.7 Unless otherwise agreed upon, payment for booked courses must be made at the latest on the course date on site before the course begins, otherwise there is no claim to participation. 7. Terms of delivery 7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer. 7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, the delivery and dispatch is at your risk. 8. legal liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).