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Terms & Conditions

Please read these General Terms and Conditions carefully 

Since we accept your order without further inquiries and can enter into a legally binding contract, you should read these General Terms and Conditions to ensure they include everything you want and nothing you disagree with.

Scope 

  1. These General Terms and Conditions apply to the purchase of goods by you (the customer or you). We are MAMUXA NATURAL PRODUCTS LTD, a company registered in England and Wales under number 15471704, with a registered office at 4 RAVEN ROAD, UNIT 1C3-189, LONDON, E18 1HB, with the email address support@mamuxa.de (the supplier or we or us).
  2. These are the terms under which we sell all goods to you. By ordering goods, you agree to these General Terms and Conditions. By ordering services, you agree to these General Terms and Conditions. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession;
  2. Contract means the legally binding agreement between you and us for the supply of goods;
  3. Delivery location means the supplier's location or another place where the goods are to be delivered, as specified in the order;
  4. Durable medium means paper or email or another medium that personally addresses information to the recipient, enables the recipient to store the information in an accessible way for a sufficient period for future reference, and allows the unaltered reproduction of the stored information;
  5. Goods means the goods advertised on the website, which we supply to you in the quantity and description as specified in the order;
  6. Order means the customer's order for the goods from the supplier, as laid out in the step-by-step process on the website;
  7. Privacy policy means the terms that set out how we will handle confidential and personal information received from you via the website;
  8. Website means our website www.mamuxa.de, on which the goods are advertised.

Goods

  1. The description of the goods is specified on the website, in catalogs, brochures, or other forms of advertising. Each description is for illustrative purposes only, and there may be minor variations in size and color of the goods delivered.
  2. In the case of goods specially made for you, it is your responsibility to ensure that all provided information or specifications are accurate.
  3. All goods appearing on the website are subject to availability.
  4. We may make changes to the goods that are necessary to comply with applicable laws or safety requirements. We will inform you of these changes.

Personal Information and Registration

  1. When registering to use the website, you must set a username and password. You are further responsible for all actions carried out under your chosen username and password, and you agree to keep your username and password confidential and not to disclose them to anyone else.
  2. We store and use all information strictly in accordance with the Privacy Policy.
  3. We may contact you via email or other electronic communication methods and by pre-payment letter, and you expressly agree to this.

Basis of Sale

  1. The description of the goods on our website does not constitute a contractual offer to sell the goods. We may reject any order submitted on the website for any reason, although we will try to notify you of the reason promptly.
  2. The ordering process is listed on the website. Each step allows you to check and correct any errors before submitting the order. It is your responsibility to ensure that you have used the ordering process correctly.
  3. A contract is only formed for the sale of ordered goods when you receive an email from us confirming the order ( Order Confirmation). You must ensure that the order confirmation is complete and accurate, and inform us immediately of any errors. We are not responsible for inaccuracies in the order you submit. By placing an order, you agree that we may send you the contract confirmation by email with all the information contained therein (i.e., the order confirmation). You will receive the order confirmation within a reasonable time after the contract is concluded, but no later than the delivery of any goods under the contract.
  4. Any offer is valid for a maximum of 1 day from the date it is issued unless we expressly withdraw it earlier.
  5. No amendment to the contract regarding the description of the goods, fees, or otherwise can be made after it has been completed unless the change is agreed in writing between the customer and the supplier.
  6. We intend for these General Terms and Conditions to apply only to a contract you have entered into as a consumer. If this is not the case, please let us know so we can offer you a different contract with more suitable terms for you, which may be better in some respects, such as by granting you rights as a business.


Price and Payment

  1. The price of the goods and any additional delivery or other costs are those set out on the website at the time of your order or another price that we may agree on in writing.
  2. Prices and costs include Value Added Tax (VAT) at the rate applicable at the time of the order.
  3. You must pay by entering your credit or debit card details at the time of your order, and we may take payment immediately or otherwise before delivery of the goods.

Delivery Time

  1. We will deliver the goods at the agreed time or within the agreed period to the delivery location, or, if no time frame has been agreed upon, without undue delay and in any event not more than 30 days after the day on which the contract was entered into.
  2. In any case, regardless of events beyond our control, you may treat the contract as terminated (in addition to other remedies) if:
    1. we have refused to deliver the goods, or if timely delivery is essential given all the relevant circumstances at the time the contract was made, or if you informed us before the contract was made that timely delivery was essential; or
    2. after we fail to deliver on time, you have specified a later period which is appropriate under the given circumstances, and we have not delivered within this period.
  3. If you treat the contract as terminated, we will (in addition to other remedies) refund all payments made under the contract immediately.
  4. If you were entitled to treat the contract as terminated but choose not to, this does not prevent you from cancelling the order for any goods or rejecting delivered goods. If you do so, we will (in addition to other remedies) immediately refund all payments made under the contract for such cancelled or rejected goods. If the goods have been delivered, you must return them to us or allow us to collect them from you, and we will bear the costs of this.
  5. If some goods form a commercial unit (a unit is a commercial unit if dividing the unit would significantly impair the interest in the goods or the nature of the unit), you cannot cancel or reject the order for part of the goods without also cancelling or rejecting the order for the rest of them.
  6. Generally, we do not deliver to addresses outside of England and Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. However, if we accept an order for delivery outside these areas, you may have to pay import duties or other taxes, as we do not cover these costs.
  1. You agree that we may deliver the goods in parts if we have a shortage of stock or for other substantial and fair reasons, subject to the provisions mentioned above and provided that you incur no additional costs.
  2. If you or your authorized representative fail to take delivery of the goods at the delivery location, through no fault of ours, we may charge you reasonable costs for storage and redelivery.
  3. The goods are your responsibility from the completion of delivery or from when they are picked up by the customer. You must check the goods as far as reasonably possible before acceptance.

Risk and Title

  1. The risk of damage to or loss of the goods transfers to you when the goods are delivered to you.
  2. You do not own the goods until we have received full payment. If full payment is outstanding or actions relating to your insolvency are taken, we may cancel any delivery and terminate any right to use the goods still in your possession by notification. In this case, you must return the goods or allow us to collect them.

Right of withdrawal and cancellation

  1. You can cancel the order by informing us before the contract is concluded if you simply change your mind, without providing reasons and without incurring any liability.
  2. You can cancel the contract, except for goods made to your specific requirements (the right of withdrawal), within 14 calendar days after the day on which the contract was concluded, if you simply change your mind, without providing reasons and without liability, except in this case you must return the goods in undamaged condition at your own expense to one of our business locations. We must then refund you immediately for the price of these goods paid in advance, but we may retain any separate delivery costs. This does not affect your rights if the reason for cancellation is defective goods. This right of withdrawal is different and separate from the cancellation rights listed below.
  3. This is a distance contract (as defined below) with the cancellation rights listed below ( cancellation rights). However, these cancellation rights do not apply to a contract for the following goods (and no others) under the following circumstances:
    1. Food, beverages or other goods intended for domestic use that are delivered regularly and routinely to your residence or workplace;
    2. Goods that are made to your specifications or are clearly personalized;
    3. Goods that can perish or expire rapidly.
  4. Additionally, the cancellation rights for a contract are extinguished under the following circumstances:
    1. in the case of a sales contract, when the goods have become inseparably mixed (according to their nature) with other items after delivery.

Right to Cancel

  1. Subject to the provisions in these Terms and Conditions, you may cancel this agreement within 14 days without giving any reason.
  2. The cancellation period will expire 14 days after the day on which you, or a third party other than the carrier designated by you, take physical possession of the last of the Goods. In a contract for the supply of goods over time (e.g., subscriptions), the right to cancel is 14 days after the first delivery.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement setting out your decision (for example, a letter sent by post or email).
  4. You may also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Agreement on our website www.mamuxa.de. If you use this option, we will communicate to you an acknowledgment of such cancellation promptly in a durable medium (e.g., by email).
  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation within the Cancellation Period

  1. Unless otherwise specified below, we will reimburse all payments received from you if you cancel this Agreement, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the least expensive type of standard delivery offered by us).

Deduction for Delivered Goods

  1. We may make a deduction from the reimbursement for diminution in value of the delivered goods, if the loss is due to improper handling by you (this means handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods, for example, handling that would exceed what might reasonably be allowed in a shop). You are liable for this loss, and if this deduction is not made, you must pay us the amount of this loss.

Timing of Refund

  1. If we have not offered to collect the goods, we will make the refund without undue delay, and not later than:
    1. 14 days after the day we receive the goods back from you, or
    2. (if earlier) 14 days after the day you provide evidence that you have returned the goods.
  2. If we have offered to collect the goods, or if no goods have been delivered, we will make the refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
  3. The refund will be made using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

Returning Goods

  1. If you have received goods in connection with the contract you have canceled, you must send back or hand over the goods without delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You agree to bear the cost of returning the goods.
  2. For the purposes of these withdrawal rights, these words have the following meanings:
    1. Distance contract means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, using one or more means of distance communication up to and including the time at which the contract is concluded;
    2. Sales contract means a contract under which a trader transfers or undertakes to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any agreement that involves both goods and services.

Conformity

  1. We have a legal obligation to deliver the goods in accordance with the contract, and we will not have fulfilled this obligation if they do not meet the following requirements.
  2. At the time of delivery, the goods must:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the goods, which you have informed us about before the contract is concluded (unless you actually do not rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose for which we have suggested or which is stipulated in the contract; and
    3. correspond with their description.
  3. There is no defect if the defect is due to your materials.

Successors and our Subcontractors

  1. Each party may transfer the right of this agreement to another person and remains liable to the other party for its obligations under the agreement. The supplier is liable for the actions of any subcontractors whom he selects to assist in fulfilling his obligations.

Circumstances outside the control of each party

  1. In the event of a failure by a party due to circumstances beyond their reasonable control:
    1. The party will inform the other party as soon as possible; and
    2. The obligations of the party will be suspended to the extent reasonable, provided that the party acts reasonably, and the party will not be liable for failure that could not reasonably have been avoided, however this does not affect the above-mentioned customer rights regarding delivery and any right to cancel.

Privacy

  1. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR) regarding your personal information.
  2. These General Terms and Conditions should be read in conjunction with, and alongside, our policies, including our Privacy Policy ( https://www.mamuxa.de/datenschutz-und-datenschutzerklaerung/) and Cookie Policy ( https://www.mamuxa.de/cookie-richtlinie/).
  3. For the purposes of these General Terms and Conditions:
    1. 'Data Protection Laws' refers to all applicable laws relating to the processing of personal data, including, but not limited to, the GDPR.
    2. 'GDPR' refers to the General Data Protection Regulation in the United Kingdom.
    3. 'Data Controller', 'Personal Data', and 'Processing' have the same meanings as in the GDPR.
  4. We are a Data Controller of the personal data we process when delivering goods to you.
  5. If you provide us with personal data so that we can deliver goods to you, and we process this personal data during the delivery of the goods, we will fulfill our obligations under the Data Protection Laws:
    1. before or at the time of collecting personal data, we will identify the purposes for which information is being collected;
    2. we will only process personal data for the identified purposes;
    3. we will respect your rights with respect to your personal data; and
    4. we will implement technical and organizational measures to ensure that your personal data is secure.
  6. For any questions or complaints about privacy, you can send us an email at: support@mamuxa.de

Disclaimer

  1. The supplier does not exclude liability for: (i) any fraudulent act or negligence; or (ii) death or personal injury caused by its negligence or breach of other statutory duties. Subject to that, the supplier is not liable for (i) losses that were not reasonably foreseeable to both parties at the time the contract was made, or (ii) losses (e.g., loss of profit) that would occur to the customer’s business, trade, craft, or profession if the customer is not a consumer – as the supplier assumes that the customer does not primarily purchase the goods for their business, trade, craft, or profession.

Applicable Law, Jurisdiction and Complaints

  1. The contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes may be submitted to the courts of England and Wales, or if the customer resides in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland.
  3. We strive to avoid any disputes, so we handle complaints in the following manner: In the event of a dispute, customers should contact us to find a solution. We aim to respond within 5 days with a reasonable solution.