General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable Law
10. Place of jurisdiction
11. Disclaimer
12. Alternative Dispute Resolution
13. Brokerage business

1) SCOPE

1.1 These General Terms and Conditions (hereinafter "GTC") of MAINHATTEN STORE (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur, for the purposes of these General Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The seller may accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller.

2.5 Before submitting a binding order via the seller's online order form, the customer can correct any input errors using the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

2.6 Only the German language is available for concluding the contract.

2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) PRICES AND PAYMENT TERMS

4.1 All prices listed on the website mainhattenstore.com are final prices. Our products are generally cleared through customs and taxed. Any additional delivery and shipping costs are listed separately in the respective product description.

4.2 Additional costs may arise in individual cases for all deliveries, which are beyond the seller's control and must be borne by the customer. These include costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees). The buyer is the importer of the goods ("Importer of Record") and must fully comply with all laws and regulations of the importing country. The buyer is obligated to fully review all laws and regulations of the importing country upon receipt of the goods.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.

5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 The standard delivery time is a maximum of 8-20 working days, in extreme exceptional cases (e.g., pandemics, etc.) up to 6 weeks, unless otherwise stated in the item description. The supplier does not ship directly. Delivery is made from the manufacturer as soon as the entire order is in stock there. If the supplier is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by the supplier despite having concluded a corresponding hedging transaction in a timely manner, the supplier is entitled to withdraw from the contract with the customer. The customer will be informed of this immediately and any payments received will be refunded immediately.

5.5 The buyer bears the costs of the return shipment.

6) RETENTION OF TITLE

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.

7.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8) REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and issued to the customer (hereinafter referred to as "promotional vouchers") cannot be purchased, but can only be redeemed in the seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the payment methods offered by the seller can be selected to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher or exercises their statutory right of withdrawal within the framework of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

9) APPLICABLE LAW

All legal relations between the parties shall be governed by the laws of the State of Hong Kong, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

10) JURISDICTION

The customer is a merchant, a legal entity under public law, or a special fund under public law, domiciled in the territory of the Federal Republic of Germany, Switzerland, or Austria. The exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, Switzerland, or Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's domicile.

11) LIMITATION OF LIABILITY Claims for damages by the customer are excluded unless otherwise stipulated below. This also applies to the benefit of the provider's representatives and agents if the customer asserts claims for damages against them. Excluded from this limitation of liability are claims for damages by the customer based on injury to life, body, or health, or on the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract. This limitation also does not apply to claims for damages based on gross negligence or willful misconduct by the provider or its legal representatives or agents.

12) ALTERNATIVE DISPUTE RESOLUTION

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13) Mediation activities

In most cases, we act merely as intermediaries. After the customer completes their order on our website, the goods ordered are purchased from the wholesaler via an automated system and shipped to the customer.