TERMS & CONDITIONS
www.malune.com (hereinafter the „website") are published by the company MINDFUL GmbH & CO.KG, a German company with a registered address at Gewerbestrasse 8, 16540 Hohen Neuendorf, Germany, registered at Neuruppin court under register number HRA 3297 NP, with an VAT no. DE329028837 (hereinafter “MINDFUL” or the “company”).
The general terms and conditions of sale detailed below apply to all orders placed with MINDFUL for all products and services offered on the website (the “T&C’s”). They can be accessed at any times on the Website.
MINDFUL reserves the right to adapt or modify the T&C’s at any time, the version of the terms and conditions of sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
WEBSITE INFORMATION AND ACCESS
www.malune.com is a e-commerce merchants owned and managed by MINDFULThe website is available to all users of the internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by MINDFUL or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognized by the German courts. MINDFUL is not liable for any damage incurred by an unavailability of the website.
MINDFUL does not make any promises about the availability or accessibility of the website or guarantee that the access to the website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, MINDFUL may be obliged to partially or totally suspend access to the website temporarily and without notice. By accepting these conditions of use, users accept any such technical interruptions.
MINDFUL reserves the right to update the website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by MINDFUL after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the personal account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, MINDFUL shall not be held liable in case of any inability to deliver the products ordered.
To insure a faster and easier connection or registration, client may use the “Facebook connect” functionality, which enables to pre-fill automatically the form.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to MINDFUL’s secure payments. MINDFUL reserves the right to refuse any request or order and to close an account at its sole discretion.
The products offered for sale are those described and available on the website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of MINDFUL. MINDFUL cannot be liable in case of an order cancellation because of stock depletion.
MINDFUL takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the website, the client may either exercise his right of withdrawal, or implement the MINDFUL guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
Acceptance of an order placed on the website are subject to compliance with the procedure put in place by MINDFUL expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by MINDFUL. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company MINDFUL. In any event, the invoices are available in the 'my account' section.
MINDFUL reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts of MINDFUL to satisfy the client expectations, MINDFUL may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
MINDFUL cannot be held liable to the client or a third party in case of the removal of a product from the website, and in case of the replacement or modification of any content published on the website or refusal of an order after having confirmed it by email.
MINDFUL reserves the right to refuse or cancel any order placed by a client with whom MINDFUL has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.
PRICES AND TERMS OF PAYMENT
Price are mentioned in the website in Euros and Pound Sterling for United-Kingdom or any V.A.T. applicable in the delivery country located in European Union. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
MINDFUL reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the other secure payments. The client expressly acknowledges that disclosure of their bank card number to MINDFUL gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by MINDFUL to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by our payment partner. MINDFUL will never keep payment card details.
The data recorded and kept by MINDFUL constitutes proof of the order and all previous transactions. The data recorded by the secure payments constitutes proof of the financial transactions.
Deliveries are carried out by DHL, Monday to Friday depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “delivery”). The risk of lost or deterioration of the product is transferred to the client at the time of the delivery.
Delivery prices applicable to the order are those indicated on the website at the time of the order in the section “delivery and order tracking”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to MINDFUL which reimburse the customer client within five (5) days of the products’ receipt by MINDFUL.
Orders are shipped within 12 business days at most for a delivery in metropolitan Germany and 20 business days for a International Delivery, from the first business date after the confirmation of the order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection, considering the significant increase of the orders volume.
Unfortunately, MINDFUL cannot deliver to the following countries for legal reasons: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates.
MINDFUL cannot be liable for the late delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customerclient may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the order. MINDFUL cannot be liable of any direct or indirect damage resulting from delay of delivery.
RIGHT - RETURNS & REFUNDS
RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us [MINDFUL GmBH & Co.KG, Gewerbestr. 8, 16540 Hohen Neuendorf, firstname.lastname@example.org, +498002001140] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
EFFECTS OF CANCELATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. [You will have to bear the direct cost of returning the goods]. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right to cancel does not exist for the following contracts: Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
GUARANTEES AND RESPONSIBILITY
MINDFUL’s liability related to the products is limited to the sale price of each product. MINDFUL will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.
Documents, details, descriptions and information related to the products published on the website is not covered under any guarantee, express or implicit, except the guarantees provided by law.
MINDFUL makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
MINDFUL is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, MINDFUL guarantees the clients against compliance and latent defects, under the following conditions:
In case of visible defect of a product, the customer shall send a demand to email@example.com within 3 days from the delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: MINDFUL – Gewerbestrasse 8 – 16540 Hohen Neuendorf - Germany.
Visible defect confirmed by MINDFUL shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
In case of visible defect of a product, the client shall send a demand to firstname.lastname@example.org and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for MINDFUL to accept the return.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
APPLICABLE LAW – MEDIATION AND JURISDICTION
These General T&Cs are governed by the laws of Germany.
In the event of a dispute between the customers and MINDFUL concerning the interpretation, performance or termination of this T&C’s, MINDFUL strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably. MINDFUL hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration.
Clients might also contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/;
If no amicable solution to the dispute is found, MINDFUL and the customer agree to refer the dispute to the German courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.