General terms and conditions
General terms and conditions
§ 1 Scope
(1) These general conditions of sale (hereinafter: terms and conditions) apply to all our online shop contracts between us,
The Mandala Hotel GmbH, Potsdamer Str. 3, 10785 Berlin,
represented by the general managers Lutz Hesse and Christian Andresen
register number: HRB 68438
registry court: Amtsgericht Charlottenburg
Phone: +49 30 590 05 00 00
www.themandala.de
E-Mail welcome@themandala.de
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements between you and us in conjunction with the purchase contract are based in particular on these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) Decisive is the version of the general terms of conditions valid at the time the contract is concluded.
(4) Opposing or deviating conditions of the customer from our general terms and conditions we do not accept. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and promotion of articles (vouchers) in our online shop does not constitute a binding offer to conclude a sale and purchase agreement.
(2) When purchasing items in the online shop, you provide your personal data after selecting the voucher (s). By submitting an order via the online shop (shopping cart system) by clicking on the button "order to pay" you place a legally binding order. You are bound by the order for a period of two (2) weeks after the order has been placed, and your right under § 3 to cancel your order remains unaffected.
(3) We will confirm the receipt of your order placed via our online shop immediately by email (order confirmation). In such an email is still no binding acceptance of the order.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by the delivery of the ordered items.
(5) If the delivery of the voucher you have ordered is not possible, for example because the voucher is not in stock, we do not accept a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and prompt refund any compensation already received.
§ 3 Right of revocation
(1) If you are a consumer (a natural person who places the order for a purpose that can not be attributed to your commercial or independent professional activity), you have a right of revocation in accordance with the legislation.
(2) If you as a consumer make use of your right of revocation under clause 1, you must bear the regular costs of the return.
(3) Incidentally, the provisions of the right of revocation apply, which are reproduced in more detail in the following revocation instruction
Right of revocation
You have the right to revoke from this contract within fourteen days without stating any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of revocation, you must contact us, The Mandala Hotel GmbH, Potsdamer Str. 3, 10785 Berlin, Telephone +49 30 590 05 00 00, Fax: +49 30 590 05 05 00, E-mail: welcome@themandala.de, by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to revoke from this contract. You can use the attached sample form for the revocation, which is not required.
You can also electronically complete and submit the sample form of the revocation or any other unequivocal statement on our website www.themandala.de/en/tools/reclaimsform/. If you make use of this option, we will immediately send you an e-mail confirming receipt of the revocation.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the withdrawal period.
Consequences of revocation
If you revoke from this agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you, and you will not be charged any fees for such repayment. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event, not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
- End of the instruction on the right of revocation -
(4) The right of revocation does not apply to distance contracts
(a) to deliver goods that have been made to customer specifications or that are clearly tailored to personal needs or that, due to their nature, are not suitable for return or that they can spoil quickly or that their expiry date would be exceeded,
(b) to deliver audio or video recordings or software if you have unsealed the supplied media.
Sample-revocation forms
(If you want to cancel the contract, please fill out this form and send it back)
- To: The Mandala Hotel GmbH, Potsdamer Str. 3, 10785 Berlin, Telefax: +49 30 590 05 05 00, Email: welcome@themandala.de
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
goods (*) / the provision of the following services (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
Date
___________
(*)Please delete as applicable
End of the instruction on the right of revocation
§ 4 Delivery conditions
(1) The voucher (s) will be delivered after payment of the purchase price.
(2) With regard to the delivery, you can choose between the options "save" (download the voucher), "PDF Email" (send by email) and "send" (mail order) in the order form.
(3) We are entitled to partial deliveries, as far as this is reasonable for you.
(4) The risk of accidental loss and accidental deterioration passes to the customer as soon as the goods have been given for transport or the customer has been notified of the readiness for shipment. This applies regardless of whether the shipment is made from the place of performance and who bears the shipping costs.
§ 5 Prices and shipping costs / period of validity of the vouchers
(1) All prices in our online shop are gross prices including the legal value added tax and are inclusive of shipping costs (if you have chosen a postal service).
(2) The shipping costs (postage) are indicated in our prices in our online shop. The price, including sales tax (and applicable shipping costs) will also be displayed in the order form before you submit the order.
(3) If you revoke your contract declaration effectively in accordance with § 3, under the legal conditions you can demand the reimbursement of costs already paid for the shipment to you (delivery costs) (see also about other consequences of cancellation § 3 paragraph 3).
(4) Acquired vouchers can not be redeemed in cash. If the consumption is lower than the value of the voucher, you will receive a corresponding additional credit of the hotel.
(5) The voucher is valid only when the amount due has been paid in full.
(6) Vouchers are valid for three (3) years from the date of issue, parcel vouchers for one (1) year and to be redeemed within this period.
§ 6 Terms of payment / set-off / right of retention
(1) You can transfer the purchase price and the shipping costs of your choice to our account specified in the online shop (immediate transfer), pay by PayPal or credit card.
(2) You are not entitled to set off against our claims, unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert claims for defects or counterclaims from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim results from the same purchase agreement.
§ 7 Retention of title
The delivered goods remain until full payment of the purchase price in our property.
§ 8 Warranty
(1) We are liable for material or legal defects delivered articles according to the valid legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) For customers who are not consumers, the warranty period for material defects of the services provided by us is 12 months from the transfer of risk.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases we are liable - unless otherwise stipulated in paragraph 3 - only in case of breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract in the first place and on whose compliance you as a customer regularly rely (so-called cardinal duty), limited on the replacement of the predictable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains subject to the foregoing limitations of liability and liability exclusions unaffected.
(4) The mailing is at the risk of the customer. The Mandala Hotel GmbH is not liable for the loss or late delivery by the deliverer or a wrongly entered customer or delivery address.
§ 10 Copyrights
We have copyrights on all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Data protection
(1) The customer agrees to the collection, processing and use of his personal data for the purpose of contract execution and for marketing purposes. Your information will be processed automatically. In this context, you receive advertising information exclusively from the online shop operator. We will not forward your personal data to third parties or use it for other purposes.
(2) Your safety of our customers has the highest priority! Therefore, data such as credit card number, bank sort code, bank account number, name and address when paying with credit cards are transmitted over a protected SSL line. In this way, no unauthorized person can read your entered data during transmission on the Internet. In order to provide additional security in the voucher shop, we use a number of additional security measures.
(3) The rights of the customer in accordance with the Federal Data Protection Act (BDatSchG) remain unaffected.
§ 12 Final provisions (Applicable law, place of jurisdiction, severability clause)
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legislation of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your primary location at the time of ordering in Germany, the exclusive place of jurisdiction is the registered office of the seller, Berlin. In addition, the applicable statutory provisions apply to local and international jurisdiction.
(3) The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and the existence of the contract. The invalid provision shall be replaced by a provision which comes as close as possible to the invalid provision in terms of its economic content. The same applies in the case of a gap.
