Terms and Conditions
General Terms and Conditions (GTC) for orders placed online at mallang.com
In the following, we would like to introduce to you our General Terms and Conditions, which we use to process and settle your purchase. The mallang.com website offers “Mallang merchandise” and “Mallang partner merchandise” for sale. Mallang merchandise is all merchandise that we offer on www.mallang.com, unless we advise that it is Mallang partner merchandise. Mallang partner merchandise is merchandise that we offer on mallang.com and identify as partner merchandise.
1.1 These General Terms and Conditions (“GTC”) of Mallang apply to all contracts relating to the delivery of goods by a consumer or entrepreneur (“Customer”) with Mallang. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Customer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2. CONCLUSION OF THE CONTRACT AND DELIVERIES OF MERCHANDISE
2.1 For orders placed online at mallang.com, we enter into German or English language contracts only. You can choose your preferred language by selecting ENG or DE in the header of the website or in mobile menu. When ordering Mallang items, your contractual partner is Mallang, Chaewon Kim, Eisfeld 5, 99423 Weimar, Germany (hereinafter: Mallang, us, we). When you order Mallang partner merchandise, you also have a contract with the respective Mallang partner. Mallang partners are specifically identified on each product details page.
2.2 By clicking on the button “Proceed to checkout> Place order> Accept and pay> Buy now”, you are placing a binding order for the items in your shopping cart. Once you have submitted your order, we will immediately send you an e-mail confirmation of your order. A binding contract is formed when you receive the order confirmation from us. Please note that items ordered by advanced payment (reserved) will be dispatched as soon as we receive payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receiving the order confirmation, but at least within 7 days.
2.3 Please note that, by way of exception, we are under no obligation to deliver your order if our suppliers fail to deliver stock correctly or on time, despite us having followed proper ordering practice at our end. For this exception to apply, we must not be legally responsible for the merchandise being unavailable, and we must have notified you of the situation without undue delay. In addition, we must not have assumed a procurement risk in relation to the ordered merchandise. If merchandise is unavailable, we will refund any payments made by you without undue delay.
2.4 We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk). This applies also to orders for generic goods (where only the type and features of the goods are described). We are obliged only to make deliveries from our available stock and from the stock we have ordered from our suppliers. Our stock includes the relevant Mallang partner’s stock where Mallang partner merchandise is ordered. We deliver Worldwide. Where time periods are expressed in working days, we understand working days to mean all of the days between Monday and Friday inclusive, but not public holidays. We inform you about the delivery time on each product detail page as well as before you place an order.
3. INDIVIDUALLY DESIGNED GOODS
3.1 You provide us with the appropriate information or texts necessary for the individual design of the goods before concluding the contract.
3.2 You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims of third parties asserted in this context. This also concerns the costs of the legal representation required in this context.
3.3 We do not check the transmitted data for correctness of the content and assume no liability for errors.
3.4 The revocation and also exchange of individually designed goods is excluded.
4. PRICES, SHIPPING COSTS AND EXPRESS DELIVERY
4.1 The prices set out in the offer as at the date on which the order is placed shall apply. The stated prices are final prices (totals), in other words they include German value added tax at the applicable statutory rate. The merchandise remains our property or the property of the relevant Mallang partner, as the case may be, until full payment of the purchase price.
4.2 Deliveries abroad may incur duties, taxes and fees which are not included in the total price displayed. You are responsible for all local customs and duties in your order. We are required by law to disclose the full content of the package content and can not change this value. Because we do not take these fees into account, item prices do not include German VAT.
4.3 We assume the costs of standard shipping just when your purchase is over 100€. We do not assume the costs of express deliveries.
4.4 Express delivery is available for certain orders. When placing your order, you will see whether this option is available for your particular order as well as the costs of this option. Merchandise will be delivered within 2 working days at the latest. If the merchandise does not arrive within that delivery period, you will of course receive a refund of the delivery costs.
5.1 Basically, we offer the payment methods Paypal, credit card, direct debit and purchase on account at Paypal Plus. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods. You are responsible for any costs associated with money transactions.
5.2 In the case of purchase by credit card at Paypal, The debit of your credit card account with the dispatch of the order by Paypal.
5.3 We reserve the right to charge a fixed late payment fee of EUR 5 per reminder notice if you default on payment. You have the right to bring evidence to show that the actual damage sustained was substantially less than the fixed fee, or that no damage was sustained at all.
5.4 You agree that you receive invoices and credit notes in electronic form only.
6. Delivery and shipping conditions
6.1We ship worldwide via German Mail (Deutsche Post) & Hermes Europe. Express shipment is unfortunately we do not offer it. Shipments usually take around 3-7 days within Europe, and around 2 weeks for any other international address.
6.2 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed.
6.3 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller has informed the customer of the service a reasonable time in advance would have.
Furthermore, this does not apply to the cost of the consignment, if the customer exercises the right of withdrawal effectively. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
7. Promotional vouchers
7.1 Promotional vouchers are vouchers that cannot be purchased, but are given out during advertising campaigns and are valid for a certain period of time.
7.2 Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Certain brands may be excluded from the promotion. Promotional vouchers may not be used to purchase gift vouchers. Please note that a minimum order value may apply to the use of promotional vouchers.
7.3 The value of the merchandise must equal or exceed the value of the promotional voucher. If the voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the merchandise is returned. So consumers will receive just a refund of the amount actually paid through the payment method, excluding the discounted amount with using a promotional voucher.
7.4 Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers may not be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
7.5 If you used a promotional voucher when making your purchase and, as a result of revocation by you, the total value of your order is less than or equal to the value of the promotional voucher, we reserve the right to charge you the original price for the merchandise you retain.
8. Gift vouchers
8.1 Gift vouchers are vouchers that can be purchased. They may only be redeemed to purchase Mallang merchandise and Mallang partner merchandise, not more gift vouchers. If the value of a gift voucher is not enough to cover the order, the difference can be paid using any of the accepted payment methods.
8.2 Gift vouchers can only be redeemed and credits applied prior to completing your order. The value of gift vouchers will not be paid out in cash, nor will it accrue interest. Please go to “My Account” at www.mallang.com in order to redeem gift vouchers and apply them to your customer account or to view your credit balance.
9. Statutory right of revocation in respect of Mallang merchandise and Mallang partner merchandise
When you purchase Mallang merchandise and Mallang partner merchandise you have a statutory right of revocation. The first thing you should know is that if you decide to return merchandise, you have responsibility of the costs of returning the goods.
9.1 Information regarding the right of revocation
You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise.
In order to exercise your right of revocation you must notify us (Mallang, Chaewon Kim, Eisfeld 5, 99423 Weimar, Germany / E-Mail: email@example.com) of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post or an e-mail). If you wish, you may use the attached revocation form under, but there is no requirement to do so.
If you wish to revoke the contract, please complete this form and return it to us
Attn: Mallang, Chaewon Kim, Eisfeld 5, 99423 Weimar, Germany, E-Mail: firstname.lastname@example.org
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
– Ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
(*) Delete as appropriate
You may also complete and submit the revocation form or other unequivocal declaration online through the contact form on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by e-mail). In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2 Consequences of revocation
If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may hold off completing your refund until we have received the merchandise back, or you have supplied us with proof that you have returned the merchandise, whichever occurs earlier.
You are obliged to return or hand over all merchandise to us without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract. The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period. You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function. The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons.
Any refunds are paid automatically to the account you used for payment. For payments on account and advance payment by funds transfer, the refund will be sent to the account from which the payment was made. If you paid by Paypal/credit card, the refund will be sent to your Paypal/credit card account. If you used a gift voucher for your purchase, we will credit the relevant amount to your gift voucher account.
11. Option to return merchandise up to 30 days after receipt
11.1 Without prejudice to your statutory right of revocation, we offer you the option of returning merchandise within 30 days of you receiving them. This return option allows you, even after the 14-day revocation period has expired (see “Information regarding the right of revocation” above), to cancel the contract by returning the merchandise to us within 30 days of receiving them (this period commences upon your receipt of the merchandise).
11.2 Your merchandise will be deemed returned within 30 days if you send it within such time. However, your exercise of this return option is preconditioned upon you having worn/tried on the merchandise only as you would have in a shop, and upon the merchandise being returned in full in its original condition, intact and undamaged, and in its original packaging. Until the period for exercising the statutory right of revocation expires, the statutory provisions governing this right shall apply exclusively. The option to return merchandise does not limit your statutory warranty rights, to which you remain entitled without qualification. The option to return merchandise does not apply to gift vouchers.
11.3 The voluntary right of return does not apply to contracts concerning: the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery; and / or the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is authoritative or which are clearly tailored to the personal needs of the customer. Furthermore, the 30-day return policy does not apply to sealed products if the seal has been removed or damaged after delivery.
Nevertheless, your statutory rights, including your statutory warranty rights, are unlimited.
11.4 Until expiration of the statutory revocation right of revocation the conditions as listed under section 9 apply exclusively. The statutory warranty rights remain unaffected from the voluntary 30 days return right. The voluntary 30 days right of return is not applicable for the purchase of gift vouchers.
12. Statutory liability for defects and further information
12.1 The use of the offers available on www.mallang.com is possible for persons who are at least 18 years old.
12.2 Each customer is only entitled to maintain a customer account with Mallang at the same time. We reserve the right to delete multiple registrations.
12.3 The statutory liability for defects applies. If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
12.4 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
12.5 The relevant statutory provisions govern our liability for defects. You can see these terms and conditions on www.mallang.com. In addition, you can print or save this document by using the usual function of your Internet service program (= Browser: usually “File” -> “Save As”).
12.6 You may also simply archive the terms and conditions of your order by either downloading the terms and conditions or saving the data summarized on the last page of the ordering process in the webshop using the functions of your browser or waiting for the automatic order confirmation we provide You also have to send it by e-mail after completing your order to the e-mail address provided by you. This order confirmation e-mail contains once again the data of your order and our terms and conditions and can be easily printed or saved with your e-mail program.
13. Applicable law and Alternative Dispute Resolution
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Please do not hesitate to to visit our HELP & CONTACT pages and contact us if you have any questions. We will help you resolve as much as possible:)
Last updated: 15.01.2019