§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders placed with the online store Mala Alisha GmbH, managing director Harsh Manchanda. The acceptance of these terms and conditions takes place through the conclusion of the contract in the form of an order by the customer.
(2) The range of goods of our online shop is aimed exclusively at buyers who have reached 18 years of age.
(3) Our deliveries, services and offers are made exclusively on the basis of these Terms and Conditions. The Terms and Conditions apply to all future business relations with companies, even where they are not expressly agreed upon again. We herewith object to the inclusion of the terms of conditions of customers that contradict our Terms and Conditions.
(4) English and German are the exclusive contract languages.
(5) You can view the currently valid Terms and Conditions on the website www.mala-alisha.com and print them out.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. It constitutes a non-binding invitation to place an order for goods at the online shop.
(2) By clicking on the button “order now”, you make a binding offer to buy.
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt).This confirmation of receipt does not represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A contract of sale for the goods is only concluded when we expressly declare the acceptance of the purchase offer or when we ship the goods to you without prior express acceptance.
§ 3 Prices
The prices stated on the product pages include legal VAT and other price components and are exclusive of any shipping costs (free within the EU).
§ 4 Terms of payment; default
(1) Payment can be made either by Paypal, credit card or immediate transfer (Sofortüberweisung, Germany).
(2) When paying by way of immediate transfer, you may have to bear the costs incurred as a result of reversing a payment transaction for lack of funds or due to incorrectly transmitted bank account information.
§ 5 Set-off / right of retention
(1) You are only entitled to offset if your counterclaim is found to be legally binding, has not been disputed or acknowledged by us, or is in a close synallagmatic relationship with our demand.
(2) You can only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the delivery of goods is made from our warehouse to the address provided by you.
(2) The delivery time within Austria is 2-5 working days, to Germany 4-6 working days and in the remaining EU countries up to 9 working days. The delivery time for immediate transfer (Sofortüberweisung) begins after receipt of the due payment amount on our account. In all other cases within 4 working days of order.
(3) The goods remain our property until full payment of the purchase price.
§ 7 Cancellation policy
The buyer must announce the return via e-mail to firstname.lastname@example.org stating the order number. The costs for the return will be paid by the buyer.
Right of withdrawal
You have the right to withdraw from this contract within a period of fourteen days without giving any reason.
The withdrawal 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 withdrawal, you must inform us
Mala Alisha GmbH
Fax: 0043 – 662 – 45 25 63
Withdrawal form: Download PDF
by means of a clear statement (e. g. a letter sent by post or e-mail) regarding your decision to withdraw from this contract. You can use the attached sample cancellation form, which, however, is not mandatory. To observe the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we have to repay all the amounts we received from you including shipment costs (except additional costs arising if you chose a different type of shipment than the low-cost standard delivery offered by us), immediately, and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract.
For this repayment, we use the same method of payment that you used for the original transaction, unless it has been otherwise expressly agreed with you; you will not be charged fees for this repayment in any case.
We are entitled to refuse the repayment until we have received the returned goods or until you have proven that you have sent back the goods, whichever is the earlier.
You agree to send back the or hand over the goods immediately and, in any case, no later than fourteen days from the day on which you inform us of the withdrawal from the contract.
The deadline is met if you return the goods before the expiration of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value occurs as a result of handling the goods in a way which is not necessary for determining their nature, characteristics and functioning.
End of instructions on the right of withdrawal
(1) Please avoid damage and contamination. Please send the goods back to us in their original packaging and with all accessories and packaging components.
If necessary, use protective outer packaging. If you no longer possess the original packaging, please ensure adequate protection from transport damage, in order to avoid claims for damages due to defective packaging.
(2) Please note that the modalities mentioned in the previous paragraph are not required for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please immediately make a complaint about such defects to the deliverer and contact us as soon as possible.
(2) Not making a complaint or not contacting does not affect your statutory warranty rights. However, they help us when asserting our own claims against the carrier and/or the transport insurance.
(3) We are not responsible for any delivery impediments that are not caused by ourselves or by the carrier or the manufacturer.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the legal provisions of commercial law.
(2) In all other respects, the statutory provisions apply to the warranty.
§ 10 Liability
(1) Unlimited liability: We assume full liability for intent and gross negligence as well as in accordance with the Product Liability Act. We assume liability for slight negligence in the case of damage caused by the impairment of life, body and health of persons.
(2) In all other respects, the following limited liability applies: In the case of slight negligence, we are liable only in the case of the violation of a material contractual obligation, the fulfilment of which is indispensable for the proper and due execution of the contract and which you may rely on (major obligation). The liability for slight negligence shall be limited in amount to damage which is foreseeable upon conclusion of the contract and which typically occurs in such cases. This limitation of liability also applies to the benefit of our vicarious agents.
§ 11 Final provisions
Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
Mala Alisha GmbH
As of: November 2017
Copyright Terms and Conditions: HÄRTING Rechtsanwälte