Terms & Conditions
General Term and Conditions
- General area and provider
- Conclusion of the Contract
- Delivery conditions and self-exemption reserve
- Terms of payment
- Proprietary reservation
- Revocation and Obligation to Return the Goods
- Transportation damage
- Final Provisions
1. General area and provider
These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB) via the online shop of the (Mulata Shop)
Managing Director: Diana Andrade.
Consumers are any natural person who takes legal action for a purpose which is not attributable to their commercial or self-employed activity.
Service hotline: Monday to Friday 9 am – 8 pm
The product offer in our online shop is exclusively for buyers who have reached the age of 18.
Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The General Terms and Conditions therefore apply to all future business relations, even if not expressly agreed. The inclusion of the general terms and conditions of business of a customer, which are contrary to our general terms and conditions, is already contradicted.
You can access the website and print it out.
2. Conclusion of the Contract
2.1 The presentation of the goods in our Internet shop does not constitute a legally binding contract offer on our part, but are only a non-binding invitation to the consumer to order goods. By ordering the desired product, the consumer makes a binding offer to conclude a purchase contract.
2.2 Upon receipt of an order in our Internet shop, the following rules apply: The consumer issues a binding contract offer by successfully running the ordering procedure provided in our Internet shop. The order is made in the following steps:
1) Selection of the desired product
2) Confirm by clicking the “Add to Cart”
3) Check the details in the shopping basket
4) Press the button “to checkout”
5) Enter the delivery data (name, e-mail address, address and telephone number)
6) Selection of payment method
7) Binding sending of the order.
The consumer can return to the Internet site before the binding sending of the order by pressing the “back” button contained in the Internet browser used by him, after checking his data, on which the data of the customer is recorded and corrects input errors and / or Close the Internet browser to cancel the order process. We confirm the receipt of the order immediately by means of an automatically generated e-mail (“Order confirmation”). With this we accept your offer
2.3 If our order confirmation contains typographical or printing errors or if our pricing is based on technical transmission errors, we have the right to contest, in which we must to prove our error. Payments already made will be refunded immediately.
The prices stated on the product pages include the legal VAT and other price components and are subject to the respective shipping costs.
4.1 The goods are delivered from our warehouse to the address you specify. Unless otherwise agreed
4.2 The delivery takes place within Germany with DHL.
4.3 All articles offered by us are immediately ready for dispatch. Unless otherwise stated in the product description.
4.4 If the consumer has chosen payment in advance, we do not ship the goods before payment.
4.5 Should the delivery of the goods fail due to your fault despite a three-time delivery attempt, we can withdraw from the contract. Possibly. payments will be refunded immediately.
5.1 Payment will be made by choice of the customer using bank transfer, credit card, SOFORT banking and PayPal.
5.2 When selecting the payment method “Bank Transfer”, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within no more than 3 days after that.
5.3 In the event of payment delays, we shall be entitled to charge during the delay consumers interest of 5% above the applicable base rate. We reserve the right to prove higher damages and assert
5.4 You are entitled to a right of set-off only if your counterclaims have been legally established or are undisputed or have been acknowledged in writing by us.
5.5 You can only exercise a right of retention, provided the claims result from the same contractual relationship.
The goods remain our property until full payment. Before transfer of ownership a pledge, security transfer, processing or transformation of good is not allowed without our consent.
You have the right to revoke this contract within 14 days without stating a reason. The revocation period is fourteen days from the day on which you or any third party named by you who is not the forwarder have/has taken possession of the last goods.
To exercise your right of revocation, you must notify us
Andrade Galan Diana & Dulcey Berardinelli Angelica GbR
by means of an unambiguous declaration (e.g. a letter sent by post, a telefax or an e-mail) of your decision to revoke this contract. To do this, you may use the attached sample revocation form, but this is not mandatory.
To meet the revocation deadline, it will be sufficient to dispatch the notice regarding your exercise of the revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund to you all payments we have received from you, excluding delivery costs or any additional costs resulting from you having chosen a type of delivery other than the most inexpensive standard type of delivery offered by us, without delay and at the latest within fourteen days after the day on which we have received your notice to revoke this contract. For the repayment, we shall use the same means of payment you have used for the original transaction, unless expressly agreed otherwise with you. In n case, any amount will be charged to you for the repayment.
We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first.
You must send the goods back or hand them over to us without delay and at any rate within fourteen days after the day on which you have notified us of the revocation of this contract (Mulata Shop, Rudolf-Wilke-Weg 14, 81477 München, Email: firstname.lastname@example.org ). To meet this deadline, it will be sufficient to dispatch the goods to us before the end of the 14-days period.
We will assume the cost of returning the goods within Germany..
You will have to pay compensation for lost value of the goods only if such loss of value is due to any handling of the goods by you which is not necessary to inspect the quality, characteristics and functions of the goods.
For further information on how returns are handled, please refer to our Shipping and Returns FAQ section
Sample revocation form
If you wish to revoke the contract, you may complete this form and send it to
I/we (*) hereby revoke the contract concluded with me/us(*) regarding the purchase of the following goods(*) /
— Ordered on(*)/received on(*)
— Name(s) of the customer(s)
— Address(es) of the customer(s)
— Signature(s) of the customer(s), (only if notification given on paper)
(*) Please delete as appropriate.
End of revocation
Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage to avoid damage claims due to defective packaging.
8.1 If goods are delivered with obvious damage to transport, please report these errors immediately to the delivery company, and please contact us as soon as possible (email@example.com ).
8.2 The failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to make our own claims against the carrier or the transport insurance.
Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
We exclude our liability for slightly negligent breaches of duty, provided these are neither contractual obligations, gross negligence nor damages from injury to life, body or health or guarantees or claims under the Product Liability Act. The same applies to violations of our agents.
11.1 In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. The relevant statutory provisions shall apply instead of the invalid provision.
11.2 If the customer is a merchant or has no place of residence within the European Union, our place of business is the sole court of jurisdiction for all disputes between the contracting parties.
11.3 German law shall apply exclusively to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods. In the case of traffic with final consumers within the European Union, the relevant laws at the place of residence of the final consumer may also be applicable, provided that tit concerns obligatory consumer rights provision.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.