General terms and conditions

1. Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with Mandai GmbH.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. For security reasons, the text of the contract cannot be accessed via the internet.

4. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to a "Packstation".

5. Payment

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

9. Warranty and guarantees

9.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract.

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Voluntary guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Complaints and return of goods

Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von 8:30 Uhr bis 17:00 Uhr unter der Telefonnummer + 49 (0) 34341 40 70 950 sowie per E-Mail unter info@mandai-design.de

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Code of conduct

We have submitted to the following codes of conduct:

Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)

12. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

13. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

AGB erstellt mit dem Trusted Shops Rechtstexter

14. Social media giveaway terms and conditions

14.1. Instagram giveaway terms and conditions

For the purposes of these Terms and Conditions, "The Promoter" refers to Mandai Design whose Instagram handle is @mandai_design_de. The "Prize" refers to a 500,- EUR voucher redeemable against any of our products.
By entering the giveaway you agree to be bound by these terms and conditions. All entries must be received by midnight (CEST) on 27/02/2024.
One (1) winner will be selected at random by The Promoter on 29/02/2024 and the winner will be notified on or after this date.
The competition is open to businesses and residents worldwide.
One (1) winner will be chosen at random from all entrants.
As the prize is a physical product that will be shipped by us to the winner´s address, we reserve the right to pick a winner in a country to which our worldwide logistics forwarders and/or partners deliver to safely.
No purchase necessary. Winners will not be required to pay to enter the giveaway.
Entrants must be over 18 years old on the date of their entry.
Employees of The Promoter are not eligible to enter.
Instagram is not in any way affiliated or involved in the giveaway.
Only one entry per person per giveaway will be accepted.
Each entrant shall enter the competition via Instagram by liking the post announcing the competition, commenting with the product they would like to win, tagging another Instagram user in the comments of the specified post by @mandai_design_de subscribing to our newsletter, and following this Instagram profile.
Giveaway entrants for our promotions on social media must have a genuine account connected to a business or person.
The Prize will be awarded to a randomly selected winner who has entered on Instagram, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
The Promoter will not be held liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
The Promoter's decision is final. No correspondence will be entered into.
The winner’s name and social media username may be posted on the social media profiles of The Promoter after the winner has been selected.

14.1. Pinterest giveaway terms and conditions

For the purposes of these Terms and Conditions, "The Promoter" refers to Mandai Design whose Pinterest handle is @mandaidesign. The "Prize" refers to a 500,- EUR voucher redeemable against any of our products.
By entering the giveaway you agree to be bound by these terms and conditions. All entries must be received by midnight (CEST) on 27/02/2024.
One (1) winner will be selected at random by The Promoter on 29/02/2024 and the winner will be notified on or after this date.
The competition is open to businesses and residents worldwide.
One (1) winner will be chosen at random from all entrants.
As the prize is a physical product that will be shipped by us to the winner´s address, we reserve the right to pick a winner in a country to which our worldwide logistics forwarders and/or partners deliver to safely.
No purchase necessary. Winners will not be required to pay to enter the giveaway.
Entrants must be over 18 years old on the date of their entry.
Employees of The Promoter are not eligible to enter.
Instagram is not in any way affiliated or involved in the giveaway.
Only one entry per person per giveaway will be accepted.
Each entrant shall enter the competition via Instagram by liking the pin announcing the competition, commenting with the product they would like to win, subscribing to our newsletter and following this Pinterest profile.
Giveaway entrants for our promotions on social media must have a genuine account connected to a business or person.
The Prize will be awarded to a randomly selected winner who has entered on Instagram, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
The Promoter will not be held liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
The Promoter's decision is final. No correspondence will be entered into.
The winner’s name and social media username may be posted on the social media profiles of The Promoter after the winner has been selected.