TERMS

TERMS & CONDITIONS

I. GENERAL TERMS AND CONDITIONS

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (nuka GmbH) through the website www.mahoni.health/shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions that you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After accessing the "checkout" page and entering personal data as well as payment and shipping conditions, all order data is finally displayed again on the order overview page.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort) as payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.

If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you are redirected back to our online shop to the order overview page.

Before submitting the order, you have the opportunity to review all information again, make changes (also via the "back" function of the internet browser), or cancel the purchase.

By submitting the order via the "buy" button, you legally declare acceptance of the offer, whereby the contract is concluded.

(4) Order processing and transmission of all information necessary in connection with contract conclusion is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular is not prevented by spam filters.

§ 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 4 Warranty

(1) The legal warranty rights apply.

(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your legal warranty claims.

§ 5 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services from existing business relationships with us as well as jurisdiction is our registered office, insofar as you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual residence is not known at the time the action is brought. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of UN sales law expressly do not apply.

II. CUSTOMER INFORMATION

1. Identity of the Seller

nuka GmbH
Pflugstr. 11
10115 Berlin
Germany

Email: contact@mahoni.health

Alternative Dispute Resolution:

The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information on Contract Formation

The technical steps for contract conclusion, the contract conclusion itself, and correction options are governed by the provisions "Formation of Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and must be paid by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, additional costs that we cannot control may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.

5.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise specified for individual payment methods, payment claims from the concluded contract are immediately due for payment.

6. Delivery Conditions

6.1. Delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or another person specifically designated to carry out the shipment.

7. Legal Warranty Rights

Warranty liability is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These Terms and Conditions and Customer Information were created by the lawyers of Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.

Last updated: October 23, 2019