General Terms and Conditions

General Terms and Conditions (GTC)

§ 1
Scope and applicable law
These General Terms and Conditions (hereinafter: GTC) apply to all orders and transactions between you (hereinafter: customer) and the authorized person of the online shop http://www.napali-yogamats.com (hereinafter: online shop) and via the online marketplaces the provider amazon.de/etsy.de (hereinafter marketplace provider), namely the company
Tanja Brooks
Lindberghstr. 47
85051 Ingolstadt
Tel. 0841/ 12 81 54 60
web address: http://www.napali-yogamats.com
email: info@napali-yogamats.com
im Further "the company"

The deliveries, services and other transactions offered by the company are exclusively subject to the terms and conditions listed here or the terms and conditions and guidelines of the marketplace provider. Purely as a precaution, we object to the inclusion of deviating general terms and conditions of our customers.
The offer of the online shop is only aimed at persons of legal age. Minors or persons who are not fully legally competent should send their orders exclusively by post to the above address, enclosing the necessary authorization from the beneficiary.
The contract language is German. German law is exclusively applicable, also in cross-border traffic. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, also known as CISG or UN sales law, do not apply >http://www.napali-yogamats.com/ available.

§ 2
Objects of purchase, customization and license rights
An essential part of the Goods sold by the company are products that have been put together individually on behalf of the customer, in particular yoga mats printed with motifs selected by the customer (hereinafter: motif products). These Theme Products contain images that are purchased by the Company in part under license from original copyright owners/licensors.
In the event of a copyright dispute, the Company will provide information to assist the purchaser in asserting its rights against the claimant. A claim for assumption of legal costs or extended rights beyond the mere warranty does not arise. Reference is made to Section 9 of these General Terms and Conditions.
In the opinion of the company, individualized products are subject to the exclusion of the right of withdrawal in accordance with Section 312g Paragraph 2 Sentence 1 BGB. Section 8 (right of withdrawal) of these General Terms and Conditions therefore does not apply to individualized products.

§ 3
a) Conclusion of contract via the online shop
The online shop essentially serves to present the goods. The goods shown there and their description do not represent an offer to conclude a purchase contract, but are a non-binding invitation to the customer to submit an offer.
A contract is not concluded between the company and the customer simply by clicking the "Buy" button . Rather, this is the binding offer of the customer within the meaning of § 145 BGB.
The company sends an automated email confirming the receipt of an offer from the customer (hereinafter: confirmation of receipt). The confirmation of receipt only serves to inform the customer and is not yet a legally binding acceptance.
The contract with the customer only comes into effect if the company expressly confirms this separately or if the goods are tacitly sent to the customer.

b) Conclusion of a contract via marketplace providers
Goods shown and their descriptions at marketplace providers partially represent offers for the conclusion of a purchase contract according to the terms and conditions of the marketplace provider and are subject to the respective independent general terms and conditions of the marketplace provider in the area of ​​the conclusion of the contract referred to in their respectively valid version. In this respect, they become part of these GTC and part of the contract. Depending on the marketplace provider chosen by the buyer as an intermediary for the company, different conditions apply, which are listed below.
For the marketplace provider amazon.de, the relevant provisions are excerpts (as of March 28, 2017):
"Amazon Services Europe S .à r.l., in the version of 06/13/2014
A. general conditions
…
III. Amazon's role

1. Buyers authorize Amazon to act solely as a limited agent to enter into purchase agreements on their behalf directly between buyers and sellers for the sale of Products on the Advertising Platform. If Amazon does not act as a seller, no sales contracts are concluded between Amazon and the respective buyer. A sales contract can only ever come about between the seller and the buyer. Amazon does not mediate in disputes between the parties or in enforcing performance of these agreements. Furthermore, Amazon is not an auctioneer. Since Amazon is neither the seller nor the buyer of the products, Amazon is not involved in enforcing the contract. […]
…“

For the marketplace provider Etsy.de (as of March 28th, 2017) the conditions mentioned under a) apply. According to the self-image of the marketplace provider, etsy.de is merely a message system without its own legal role.

§ 4
Prices
The prices displayed on the website of the online shop and at marketplace providers are aimed at consumers. The prices are final. The shipping costs incurred will be calculated separately.

§ 5
Payment and delay
The payment of the contractually agreed price including all fees and shipping costs is due upon conclusion of the contract. The customer is only entitled to partial payments in the event of a separate written agreement.
In the event of default, statutory default interest of 5% points above the base interest rate will be charged.
In addition, a flat rate of 2.50 will be charged for each reminder after default has occurred € fees, whereby the customer is allowed to prove that no damage has occurred at all or that it is significantly lower than the flat rate.
In our shop you have the following payment methods available:

Prepayment
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
When placing the order, enter your credit card details. Your card will be charged immediately after placing the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Sofort by klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize themselves accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.

Klarna credit card
In the ordering process you enter your credit card details. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.

§ 6
Delivery and security rights
The goods are delivered from the company's warehouse or directly from the manufacturer to the customer specified in the online shop or at the marketplace provider or stored address sent. Any other procedure requires a separate agreement in text form.
The goods remain the property of the company until the purchase price and the other costs and fees associated with the respective individual transaction have been paid in full.

If the customer is an entrepreneur in The following also applies within the meaning of § 14 BGB:
The goods remain the property of the company until all liabilities of the customer from the entire business relationship have been settled in full (extended retention of title). The assignment of an expectant right by the customer is prohibited. Likewise, a security transfer or pledging of the goods before the final transfer of ownership is not permitted.
If the customer processes the goods or if they are mixed, the company acquires co-ownership of the new item proportionately according to the invoice amounts between the goods and other processed or mixed items.The customer may resell the goods as part of his business, but he already assigns the resulting claims to the amount of the invoice to the company. This accepts the assignment and allows the customer to collect the claim until further notice. The company is entitled to revoke the contract if the customer defaults on his payment obligations.
If the actual value of the securities granted to the company exceeds the customer's outstanding liabilities by 10%, the company undertakes to release securities until the limit is exceeded again. The company has the choice of which specific securities are released.

§ 7
Set-off and retention
The customer can only offset against claims of the company with his own claims, which are either legally established, by the are not disputed or recognized by the company or if the counterclaims originate from the same contractual relationship (e.g. claims for defects).
In addition, the customer only has a right of retention if he has a counterclaim from the same contractual relationship.

§ 8
Instructions on cancellation

Right of cancellation

You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods.
To exercise your right of cancellation, you must inform us (Tanja Brooks, Lindberghstr 47, 85051 Ingolstadt, Germany, info@napali-yogamats.com, Telephone: 0841/12810436) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract, inform. You can use the attached sample revocation form, which is not mandatory.

To meet the revocation period, it is sufficient for you to send the communication regarding your exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment, that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You will have the goods immediately and in any case no later than returned or handed over to us within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model cancellation form

( If you want to revoke the contract, please fill out this form and send it back.)

- To Tanja Brooks, Lindberghstr. 47, 85051 Ingolstadt, Germany, info@napali-yogamats.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- address of the consumer(s)

- signature of the consumer(s) (only if notification is on paper)

- date

(*) Strike out what is not applicable.

Different return shipping cost regulations for Germany
We bear the direct costs of returning the goods if the return is made within Germany.

Return labels
Without prejudice to your statutory rights, we will provide you with free return labels for your return within Germany. We will email you the return label. You can hand in the return in a parcel shop of the respective provider in Germany.

Revocation instructions created with the Trusted Shops legal texter in cooperation with FÖHLISCH Rechtsanwälte.


§ 9
Warranty rightsThe customer's warranty claims are based on the legal provisions of the sales law from §§ 433 ff. BGB. Any deviating agreement must be in writing.

If the customer is a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, as well as for Claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

If the goods are delivered with transport damage that is obvious, the customer should inform the company immediately, naming the transport service provider and the driver who performed the transport. In addition, he should complain about the damage to the transport service provider. The existence of any warranty claims by the customer is independent of this.

If the customer is an entrepreneur within the meaning of § 14 BGB, the following applies in deviation from or instead of the statutory provisions:

The warranty period is one year from delivery of the goods.

For the quality of the goods, only the company's own information and the manufacturer's product description are binding, but not public promotions and statements and other advertising by the manufacturer.

The customer is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to report obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the point of discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

In the event of defects, the company shall provide a warranty, at its discretion, by rectification or replacement delivery (subsequent performance). In the case of rectification, the company does not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

If the subsequent performance fails twice , the customer can choose to request a reduction in price or withdraw from the contract.

Further rights of the customer under the terms and conditions of the marketplace provider, such as the A-Z guarantee of the provider Amazon remain unaffected.

§ 10
Exclusions of liability
In the case of slight negligence, the liability of the company and its vicarious agents is limited to violations of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which can be relied on. The amount of the claim for slight negligence is limited to the damage that is foreseeable and typically occurring at the time the contract is concluded.

This exclusion, however, does not apply to the liability of the company from the Product Liability Act, from gross negligence or from intent. Liability for slightly negligent injuries to life, limb or health of persons is also not excluded.

§ 11
Dispute resolution​​​​​​
The European Commission provides a platform Online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

§ 12
Final provision and place of jurisdiction agreement
In the event of the ineffectiveness of one or more provisions of these terms and conditions, also for the future, the other provisions shall remain effective.

Insofar as permissible, e.g. because the customer is a merchant, the place of jurisdiction agreed for all disputes arising from or in connection with Ingolstadt contracts.