GENERAL TERMS AND CONDITIONS

General information, scope of application

The following General Terms and Conditions (hereinafter referred to as the ‘T&Cs’) of mandana GmbH (hereinafter referred to as ‘mandana’), with registered office in Essen and registered in the Commercial Register of the District Court of Essen under HRB 33059, shall apply exclusively to all offers, purchase agreements, deliveries and services based on orders placed through our online shop (accessible via the website www.mandana-jewellery.com; hereinafter referred to as the ‘online shop’). The version of these T&Cs valid at the time of ordering shall apply.

1.2 Definitions

1.2.1 For the purposes of these T&Cs, ‘entrepreneurs’ are (a) entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (i.e. any natural or legal person or partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when con-cluding a legal transaction), (b) legal entities under public law or (c) spe-cial funds under public law.

1.2.2 For the purposes of these T&Cs, a ‘consumer’ is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity (Sec-tion 13 of the German Civil Code).

1.2.3 For the purposes of these T&Cs, a ‘customer’ is any person who has ini-tiated an order via our online shop, regardless of whether that person is an entrepreneur or a consumer.

1.3 In addition, the following applies to customers who are entrepreneurs:

1.3.1 These T&Cs also apply to all future transactions without the need for re-newed reference to our T&Cs. These T&Cs shall also apply if we do not expressly refer to them in subsequent agreements, in particular if we pro-vide deliveries or services to the customer without reservation in the knowledge of general terms and conditions of the customer which are in conflict or deviate from or go beyond our T&Cs.

1.3.2 Conflicting, additional or other deviating general terms and conditions of a customer shall not form part of the contract, even if they are not expressly contradicted. Such terms and conditions of the customer only apply if they are confirmed by us in writing. The written form requirement may only be waived by written agreement.

2. Conclusion of contract, contracting parties

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. The customer may initially place products in the shopping cart without obligation and correct their input at any time before submitting their binding order by using the corrective tools provided for this purpose and explained in the order process. By clicking on the order button ‘Order and pay’, the customer places a binding order for the goods contained in the shopping cart and thus offers us the conclusion of a corresponding purchase agreement. The customer shall be bound by an order placed by them for 14 cal-endar days. We are entitled to accept the offer within this period. Compliance with this cut-off period shall be determined by the date on which our acceptance is re-ceived by the customer.

2.2 Immediately following receipt of the customer’s order, we shall confirm receipt of the order and its details to the customer by email (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the customer’s offer, but merely serves as information that we have received the order. We may accept the customer’s order by (a) sending a shipping confirmation by email, (b) delivering the ordered goods or (c) sending an order confirmation specifying an expected deliv-ery date, each within the period specified in Section 2.1. We expressly reserve the right to reject offers without giving reasons. If no explicit acceptance is made within the period specified in Section 2.1, the offer shall be deemed to have been reject-ed.

2.3 Upon receipt of our acceptance by the customer, the corresponding purchase agreement between the customer and mandana shall enter into force.

3. Contract language, contract text storage

3.1 The language available for concluding the contract is English.

3.2 We store the contract text and send the customer the order data by email. The T&Cs can be viewed at any time at www.mandana-jewellery.com/en/terms-conditions. Customers who have a customer account can view their order details in their account. As a non-registered user, the order data is no longer accessible via the Internet for se-curity reasons.

4. Prices, payment

4.1 The prices stated include statutory value added tax and other price components. In addition, there are any shipping costs, unless otherwise specified below. Shipping costs are indicated in our price information in our online shop. The price, including VAT and applicable shipping costs, is also displayed in the order form before the customer submits the order.

4.2 The following payment methods are generally available to the customer in our online shop:

4.2.1 Credit card (Visa, Mastercard, American Express, Cartes Bancaires for online shops, CartaSi) When placing the order, the customer sends us their credit card details at the same time. Once the customer has been identified as the lawful card-holder, we request the credit card company to initiate the payment trans-action immediately after the goods have been shipped. The payment transaction is carried out automatically by the credit card company and the customer’s credit card is charged.

4.2.2 PayPal During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, identify themselves with their login details and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the pay-ment transaction. The payment transaction is carried out automatically by PayPal after the goods have been shipped. The customer will receive fur-ther information during the ordering process.

4.3 The customer shall only be entitled to offsetting or retention rights if their counter-claims are legally established, not disputed or recognised by us or are in a recipro-cal relationship with a claim from us within the meaning of Section 320 BGB.

5. Delivery conditions, transport, transfer of risk

5.1 We only deliver items via shipping. Deliveries are only made within the following countries: Andorra, Australia, Austria, Belgium, Bulgaria, China, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hong Kong, India, Indonesia, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Romania, Saudi Arabia, Serbia, Singapore, Slo-vakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, Unit-ed Kingdom, Ukraine and USA. On request, we will be happy to check whether de-livery to other countries is possible. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to Packstations (parcel collection points).

5.2 Unless a fixed period or date has been agreed in writing, delivery shall take place within a period of two weeks. If we fail to meet an agreed delivery date, the buyer must set us a reasonable grace period, which may not under any circumstances be less than two weeks. We accept no liability for any delays for which we are not responsible, in particular delays in the context of import or export controls which cannot be ascribed to us.

5.3 The place of performance is Essen, Germany.

5.4 The risk of accidental destruction and accidental deterioration of the delivered goods shall pass to the customer upon handover to the freight forwarder, carrier or other third party designated to carry out the shipment. In the case of customers who are not entrepreneurs, the provisions of Section 475 (2) of the German Civil Code shall remain unaffected.

6. Retention of title

6.1 The delivered goods shall remain our property until full payment has been made.

6.2 The following also applies to customers who are entrepreneurs:

6.2.1 The customer is obliged to treat the purchased goods with care; in particu-lar, they are obliged to insure it adequately at their own expense against loss, damage and destruction, such as fire, water and theft, at the re-placement value. The customer hereby assigns their claims under the in-surance agreements to us. We accept this assignment.

6.2.2 In the event of seizure or other third-party interference, the customer must notify us in writing without delay so that we can file an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO).

6.2.3 The processing, handling or transformation of the goods supplied by us under retention of title shall always be carried out by the customer on our behalf as the manufacturer, without us incurring any liability as a result. If the goods delivered by us under retention of title are processed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (final invoice amount, including VAT) to the other processed items at the time of pro-cessing. Other than that, the same applies to the item resulting from pro-cessing as to the purchased item delivered subject to retention of title. If the goods delivered by us under retention of title are inseparably mixed or combined with other items that do not belong to us, we shall thereby ac-quire co-ownership of the new item in the ratio of the value of the goods delivered by us (final invoice amount, including VAT) to the other mixed or combined items at the time of the mixture or combination. If the mixture or combination takes place in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer any ownership/co-ownership to us. The customer shall keep the resulting property/joint property for us.

6.2.4 The customer is entitled, as part of the ordinary course of business, to have at their disposal the products newly created by processing or finish-ing or transformation or combination or mixing in the ordinary course of business, providing they meet their obligations from the business relation-ship with us in good time. However, the customer is not authorised under any circumstances to resell or to otherwise exploit by agreeing to a prohi-bition of assignment with its customers, to pledge or to transfer as security these new products. The customer hereby assigns to us its claims arising from the sale of these new products to which we are entitled as security to the extent of our share of ownership of the goods sold. If the customer combines or mixes the delivered goods with a main item, they hereby as-sign to us their claims against the third party up to the amount of value of our goods. We hereby accept these assignments.

7. Rights of the customer in the event of defects

7.1 Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

7.2 In the event of defects in goods delivered by us, we are only obliged towards cus-tomers who are entrepreneurs, at our discretion, to perform rectification or to deliv-er defect-free goods (supplementary performance). If we are unwilling or unable to provide supplementary performance, in particular if this is delayed beyond reason-able periods for reasons for which we are responsible, or if supplementary perfor-mance fails in any other way, the customer is entitled, at their discretion, to with-draw from the contract or demand a reduction of the purchase price. A rectification shall be deemed to have failed after the third attempt unless the nature of the item or the other circumstances indicate otherwise. The statutory provisions apply to customers who are consumers.

8. Liability

8.1 We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

8.1.1 in the event of injury to life, limb or health,

8.1.2 in the event of an intentional or grossly negligent breach of duty,

8.1.3 in the event of a guarantee promise, if agreed, or

8.1.4 to the extent that the German Product Liability Act [Produkthaftung-sgesetz] is applicable.

8.2 In the event of a breach of material contractual obligations, the fulfilment of which is necessary for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, no claims for damages shall be permitted.

9. Force majeure

If a party is temporarily prevented from providing the services due to force majeure (such as industrial disputes, operational disruptions caused by fire, water or similar external circumstances, military or terrorist conflicts, natural disasters, diseases, epidemics, pandemics, official measures and other unforeseeable, extraordinary events for which the party is not responsible), the mutual performance obligations shall be suspended for this period and neither party shall be in default. If the per-formance of one or both parties is delayed by more than four months as a result, both we and the customer are entitled to withdraw from the relevant contract. The affected party is obliged to inform the other party without delay as soon as circum-stances arise that may justify a case of force majeure pursuant to sentence 1. Statutory rights of withdrawal remain unaffected.

10. Dispute resolution

10.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found here https://ec.europa.eu/consumers/odr/.

10.2 We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Privacy

We may only process and store data relating to the relevant purchase agreements within the framework of the applicable statutory provisions. Details can be found in the privacy policy available on our website.

12. Right of cancellation

Customers who are consumers have a statutory right of cancellation. Details can be found in the following cancellation policies and regulations:

12.1 Cancellation policy for the delivery of an item or delivery of several goods as part of a single order process:

Cancellation policy:

Right of cancellation

13. Gift vouchers

13.1 Customers also have the option to purchase gift vouchers to the amount of certain specified amounts in our online shop. The customer may opt to receive vouchers either by post or digitally via a link through which the customer can access the gift voucher including a multi-digit voucher code and – if desired – print it out.

13.2 The gift voucher can only be redeemed within the online shop by entering the relevant voucher code into the payment details field provided as part of the order process. When the relevant voucher code is entered, the value of the gift voucher shall be automatically deducted from the purchase price for the current order. Remaining amounts which are not covered by the gift voucher may be settled using another of the payment methods indicated in these terms and conditions. The voucher may be redeemed in part. The remaining value may be redeemed in the context of another subsequent order. Multiple gift vouchers may be redeemed per order.

13.3 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers. A transfer to other gift vouchers is also not possible.

13.4 The balance of a gift voucher cannot be paid out in cash and is not subject to interest. Gift vouchers can only be redeemed before completing an order process in our online shop. They cannot be applied retrospectively.

13.5 If purchased goods are taken back, the customer shall receive a refund of the purchase price paid. If a gift voucher was redeemed for this purchase in addition to other payment methods, repayment shall be made primarily via a refund of the gift voucher. Should the refund amount be higher than the value paid using the gift voucher, the remaining amount shall be refunded via the payment type that the customer used in addition to the gift voucher. The gift voucher shall be sent to the email address specified in the original order.

13.6 Please note that a gift voucher does not indicate the name of the eligible beneficiary and gift vouchers are not linked to an individual. Anyone who knows the voucher code may redeem it in the online shop. Accordingly, the customer shall keep voucher data (particularly the voucher code) secret and secure according to the current state of the art and not disclose it to third parties – unless they are transferring the gift voucher to said third parties.

13.7 Gift vouchers are freely transferable. In the event they are transferred, the customer is obliged to inform the individual acquiring the voucher of the applicability of these terms and conditions. We can make payment to the relevant owner with a discharging effect, unless we have knowledge or grossly negligent lack of knowledge of the ineligibility of the relevant owner.

13.8 The gift voucher is redeemable until the end of the third year following the year of the date on which it was issued. The expiry date is indicated on the gift voucher.

14. Prohibition of assignment

Without our express written consent, the customer may not transfer or pledge their rights or claims against us, in particular due to defects in goods delivered by us or due to breaches of duty committed by us, to third parties in whole or in part; Sec-tion 354a of the German Commercial Code (HGB) remains unaffected.

15. Place of jurisdiction, applicable law

15.1 The exclusive place of jurisdiction for all claims arising from the specific contractual relationship, in which these T&Cs are included, between us and customers who are entrepreneurs, is Essen, unless mandatory statutory provisions prevent it. However, we also have the right to bring legal action against a customer who is an entrepreneur at their statutory place of jurisdiction.

15.2 The legal relationship between us and the customer shall be governed exclusively by the law of the Federal Republic of Germany. The application of regulations on the international sale of goods (CISG – Vienna UN Convention on Contracts for the International Sale of Goods) is expressly excluded.

Updated: June 2023

You may also complete and send the sample cancellation form or another unambiguous declaration electronically on our website www.mandana-jewellery.com. If you make use of this option, we shall send you a confirmation of receipt of such cancellation without delay (e.g. via email).

The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which a customer who is a consumer has their ordinary residence, shall remain unaffected.