§ 1 Scope, definitions
(1) For the business relationship between the provider MANKIWI GmbH, Industriestraße 35, 68169 Mannheim (hereinafter referred to as “provider”) and the customer (hereinafter referred to as “customer”), the following terms and conditions apply exclusively in the version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in text form.
(2) The provider sells its products to consumers and entrepreneurs via the website www.manwiki.com (hereafter referred to as „website“).
(3) The customer is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB , the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer may select products from the product range, especially sensors for fitness tracking and collect them via a button in a so-called shopping cart. With the button “Buy now” he makes a binding application for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking on the button “Buy now”, the customer agrees to the validity of the general terms and conditions and the provisions on the right of withdrawal.
(2) The provider then sends an automatic confirmation of receipt by e-mail to the customer, in which the customer’s order is listed again and the customer can print out via the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by e-mail (contract confirmation). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in German or English, depending on the language the customer has chosen on the website of the provider. The text of the contract is stored in compliance with data protection regulations.
§ 3 Delivery, product availability
(1) Delivery times specified by the provider are calculated from the time of the order confirmation, provided that the purchase price is paid in advance.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider denies a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer immediately in the order confirmation.
(4) The provider delivers his goods within the EU at the prices indicated on the website. Outside the EU, the provider delivers only after additional consultation with the customer in writing.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices quoted on the website of the provider include, in each case, statutory VAT, unless otherwise stated.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal. The order value for the free shipping can be changed by the provider at any time. If a delivery by forwarding is necessary, the provider informs the customer after receipt of the order and informs him of the amount of forwarding costs. Only when the customer has agreed, the provider sends the order confirmation.
(3) Delivery risk is borne by the provider only, when the customer is a consumer.
(4) In the event of a withdrawal, the customer shall bear the immediate costs of the return . Notwithstanding this, the customer does not bear any shipping costs if the ordered goods have been delivered incorrectly or defective.
§ 6 Payment methods
(1) The customer can freely choose between the payment methods offered on the website of the provider. Paypal fees are borne by the provider.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in delayed by default of the appointment. In this case, he has to pay the provider for the year a default interest of 5 percentage points above the base rate. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider. The customer reserves the right to prove a minor damage of the provider.
§ 7 Warranty, guarantee
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB (german Civil Code). The warranty period for goods supplied by the provider is limited to 12 months if the customer is an entrepeneur.
(2) If the customer is an entrepreneur, defects must be immediately reported to the seller in order to preserve claims for defects of the customer, but to inform the latest within two weeks after delivery. The defective items must be kept ready for inspection by the provider in the condition in which they are at the time of detection of the defect.
(3) An additional guarantee exists for the goods delivered by the provider only if this was explicitly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of para. 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
(4) According to para. 1 and 2 the limitations shall not apply insofar as the provider has fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Produkthaftungsgesetz (german Product Liability Act) remain unaffected.
§ 9 Privacy
(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract.
(2) Insofar as the customer transmits data from third parties to the provider, the customer assures that he has obtained the consent of the third party and releases the provider from any claims in this regard.
(3) The rights of the customer arise in particular from the following standards of the GDPR:
• Article 7 (3) – Right to revoke a data protection consent
• Article 15 – Right to information of the data subject, right to confirm and provide a copy of the personal data
• Article 16 – Right to rectification
• Article 17 – Right to cancellation (“Right to be forgotten”)
• Article 18 – Right to restriction of processing
• Article 20 – Right to data portability
• Article 21 – Right of opposition
• Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 – Right to complain to a supervisory authority
(4) In order to exercise the rights, the customer is requested to contact the provider by e-mail or, in the case of a complaint, the responsible supervisory authority.
§ 10 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached by the following internet address:
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider will be the site of the provider in Mannheim.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions will prevail. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
(4) In the case of deviations between the English and German version of the terms and condtions, the german version prevails.