Terms of Service
for the webshop of Mandulis Art
1.1. The following general terms and conditions (referred to as GTC for short) apply to all legal transactions between Mandulis GmbH, Eichenweg 15, 9520 Annenheim, FN 415362 b, (referred to as the seller for short) as the operator of the webshop www.playonedayin.com (referred to as the webshop for short) and possible contractual partners of the seller in the context of orders in the webshop (referred to as customer for short).
1.2. The deliveries and services of the seller take place exclusively on the basis of these terms and conditions in the currently valid version. These are valid in the version current at the time of the order, whereby we reserve the right to change the general terms and conditions at any time. Different terms and conditions from customers will only be accepted if they have been expressly agreed to in writing.
1.3. The seller can change the terms and conditions at any time. Existing customers will be informed of this. The consent to the amendment to the GTC is deemed to have been given if the customer continues to contract with the seller.
1.4. The contract language is German.
1.5 Changes and additions to the contract must be made in writing to be effective.
1.6 If these terms and conditions stipulate the requirement of the written form, this will generally be complied with by an email.
2. Order process, offer, conclusion of contract
2.1. All information on goods and prices in the web shop and in the context of the customer's ordering process are non-binding.
2.2. The products offered in the webshop do not represent a legally binding offer. The customer is merely asked to place an offer by placing an order.
2.3. Before placing an order, you must enter the login data as a guest (one-time order) or for registration in the webshop (first name, last name, company (if applicable), street and house number, postcode, city, country, email address, Telephone number, VAT ID (if applicable)). After registering for the first time, all you need to do is log in with your email address and password. The customer is obliged to fill in the fields and information provided in the registration and order forms completely and truthfully. An order is only possible if all mandatory fields contained in the registration / registration and order forms have been completed. When ordering, the selection of the desired goods including number / quantity as well as the choice of the shipping method and the type of payment must be made, whereby the respective pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG is displayed. The information can be checked in the shopping cart. The customer can only submit his offer via the online shop's order form. By clicking the button “Order with obligation to pay”, the customer makes a binding offer to conclude a purchase contract for the goods in the shopping cart.
When the offer is sent, the pre-contractual information is deemed to have been provided and these terms and conditions are deemed to have been agreed for the legal relationship with the seller.
2.4. After submitting the order, the customer receives an automatically generated order confirmation that the order has been received. This order confirmation does not yet constitute an acceptance of the contract. It only serves to inform the customer that the order has been received by the seller. The customer is obliged to report obvious errors in the order confirmation as well as deviations between the order and the order confirmation immediately.
2.5. The purchase contract is only concluded with the notification of acceptance and delivery. The sales contract is not saved by the seller. The customer can, however, print out the declaration of acceptance including the essential content of the contract.
2.6. The seller reserves the right to refuse orders without giving reasons.
2.7. If orders cannot be fulfilled, e.g. due to delivery problems of the supplier, the customers will be informed immediately. Payments already made will be refunded immediately.
2.8. Delivery is only made to consumers within Europe.
2.9. Commercial resale of the goods by the customer is not permitted.
3. Withdrawal (right of withdrawal)
3.1. The customer has the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by you who is not the carrier took possession of the goods.
In order to exercise the right of cancellation, the customer must inform the seller of your decision to cancel this contract by means of a written declaration (by post or email) to one of the following addresses.
The customer can use the attached sample cancellation form (Appendix 1 of the GTC) for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired.
3.2. If the customer cancels this contract, the seller has to pay the customer all payments that she has received from him, including delivery costs (with the exception of the additional costs that result from the fact that you have a different type of delivery than that from the seller offered, cheapest standard delivery was selected), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by the seller.
The same means of payment will be used for this repayment that you used in the original transaction, unless something else was expressly agreed; In no case will fees be charged for this repayment. The seller can refuse the repayment until it has received the goods back or until proof has been provided that the goods have been returned, whichever is earlier.
The customer must send the goods to the seller immediately and in any case no later than fourteen days from the date on which he informed the seller of the cancellation of this contract
Mandulis GmbH, Eichenweg 15, 9520 Annenheim.
The deadline is met if the goods are dispatched before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods.
3.3 The customer forfeits his right of revocation if, in the case of sealed products (welded plastic packaging), the seal / plastic welding has been removed after delivery.
3.4. The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs or that are not suitable for return due to their nature .
4. Payment and delivery terms
4.1. The prices quoted are valid at the time of the order including VAT. Payment must be made in euros. Only the payment methods offered in the context of the order are accepted.
4.2. If separate shipping costs are charged at the stated price of a product, a corresponding notification will be made during the ordering process. The shipping costs are calculated and listed during the ordering process and are to be borne by the customer.
4.3. The seller accepts the following payment methods: credit cards mentioned in the order process and PayPal. If no other payment method has been agreed, the customer undertakes to pay the purchase price in full when the contract is concluded. Payment is due immediately. The goods are only delivered after the amount has been received on our bank account. The credit card specified will be charged immediately after the order has been sent. The credit card details are not stored in any form.
4.4 If payments owed by the contractual partner are not received on time, interest on arrears of 5% pa above the base rate will be agreed from the due date until the actual receipt of payment. The seller reserves the right to assert any deviating further damage.
4.5 Reminder fees per letter amounting to EUR 15.00 are agreed.
4.6. In the case of a delivery to a non-EEA country, the customer must bear all import and export expenses including any customs duties, fees and charges.
4.7. The seller is only obliged to perform the service as soon as the customer has fulfilled all of his obligations that are necessary for the performance. Unless otherwise agreed, the seller dispatches the ordered goods within 1-3 working days after receipt of payment. Any information on delivery dates is non-binding. Failure to adhere to the delivery dates only entitles the customer to exercise the right of withdrawal if the seller fails to deliver despite having set a grace period of at least 2 weeks in writing. The delivery period is extended by the duration of the hindrance through all circumstances independent of the will of the party, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, labor disputes. If partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate business and can be invoiced separately by the seller. The risk of accidental loss and accidental deterioration is transferred to the customer upon handover to the transport / delivery company commissioned with the delivery.
5. Warranty / Compensation / Liability
5.1. The statutory regulations apply to warranty claims.
5.2. In principle, the seller is only liable for damage caused by intent or gross negligence. Liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damage, financial damage, savings not achieved, loss of interest and damage caused by third party claims against the customer is excluded, unless the seller caused it intentionally or through gross negligence.
5.3. The seller is not liable for damage caused by improper handling and improper use of the goods.
6. Retention of title and prohibition of set-off
6.1. The seller retains ownership of the purchased items until the purchase price has been paid in full; any passing on of the goods while the retention of title is in effect is expressly prohibited.
6.2. The customer is not entitled to offset claims against the seller with the purchase price or the shipping costs. However, this compensation prohibition does not apply in the event of the seller's insolvency or for counterclaims that are legally related to the contract in question and that have been judicially determined or expressly recognized by the seller. This offsetting prohibition does not apply to consumers (§ 6 Paragraph 1 Z 8 KSchG)
7. Intellectual property rights
7.1. The website operated by the seller and its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and / or designs are protected by industrial property rights, in particular copyrights, Name and image rights, trademarks and / or registered or unregistered design rights are protected against unauthorized use.
7.2. All messages, graphics and the design of the website are for the personal information of the customer only. Use at your own risk. The reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with the seller as the operator of the virtual shop. Any use outside of the selection and purchase of goods requires the prior written consent of the seller or, if the respective rights do not lie with the seller, on the part of the rights holder. Any further processing, reproduction, distribution and / or public reproduction exceeds normal use and constitutes a violation of copyright.
7.3. In the case of custom-made products or orders outside the existing range, the seller assumes that the customer has ascertained that third-party property rights do not exist. If the seller manufactures items based on a customer's drawings or original samples, the seller is not liable for any rights, in particular any property rights of third parties. The customer undertakes to indemnify and hold harmless the seller in the event of a third party infringement.
8. Final provisions
8.1. The place of performance is Annenheim am Ossiacher See, Austria.
8.2. Unless mandatory statutory provisions prevent this, Austrian law is expressly applicable to this contract; the application of UN sales law is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The competent court at the seller's registered office is responsible. § 14 KSchG applies to consumers.
8.3. If individual provisions of these terms and conditions are invalid or unenforceable, the validity of the rest of these terms and conditions remains unaffected. In this case, the invalid or unenforceable provisions will be replaced by valid and enforceable provisions that come as close as possible to the legal and economic purpose of the replacement.
8.4. These terms and conditions are available at www.playonedayin.com. This document can also be printed out or saved. The customer can also archive the terms and conditions as well as the data of the order by either downloading the terms and conditions and using the browser's functions to save the data summarized on the last page of the order process in the online shop.
9. Complaints / Dispute Resolution
Customer service is available for complaints (email: email@example.com). The seller does not participate in an alternative dispute resolution system. The European Union has set up an online platform (“OS platform”) for out-of-court settlement of consumer disputes. You can find the platform at: http://ec.europa.eu/odr The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
If you want to cancel the contract, please fill out this form and send it back.
I hereby revoke the contract I have concluded for the purchase of the following goods
Ordered on received on
(only required for notification on paper)