Terms and Conditions
I. General Terms and Conditions and Customer Information
General terms and conditions of business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to all contracts, which you conclude with us as the provider
Mary Jane Berlin GmbH
Phone: +49 175 – 88 666 47
Fax: +49 30 – 221 85334
via the Internet platform Da-Ng. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted..
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his 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 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is placed by us at Da-Ng, the activation of the offer page at Da-Ng is the non-binding offer for the conclusion of a sales contract to the conditions contained on the article page (product description).
(3) You can submit a binding offer to buy (order) via the shopping cart system. In the shopping cart system, the goods intended for purchase are placed in the "shopping cart".
After pressing the button "proceed to checkout" and the subsequent entry of all requested data as well as the selection of payment method and shipping address, all order data is displayed again on the order overview. Before sending the order you have the possibility to check and change all details again or to cancel the purchase. By clicking the button "buy now" you submit a binding offer to us.
(4) After sending your order from Da-Ng you will receive an automatic confirmation by e-mail that we have received the offer. The order confirmation does not yet lead to the conclusion of the contract.
(5) The acceptance of the offer (and thus the conclusion of the contract) is done by e-mail from Da-Ng, in which the dispatch of the goods is confirmed by us. If you do not receive a shipping confirmation within 2 days, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you provide us with is correct, that the receipt of e-mails is technically ensured and in particular that it 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 statutory rights of liability for defects exist.
(2) As a consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 5 Choice of law
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention are expressly not applicable.
II. Customer information 1. identity of the seller
Mary Jane Berlin GmbH
Phone: +49 175 – 88 666 47
Fax: +49 30 – 221 85334
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at ec.europa.eu/odr.
We are prepared to participate in dispute resolution procedures before consumer arbitration bodies.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
4. Essential characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
The payment is processed via the payment system Paypal and Klarna. Your bank account or credit card will be charged directly after the order confirmation.
5.5. Unless otherwise specified for the individual types of payment, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
As far as in the article description or under "shipping costs" in the shipping costs table no other period is indicated, the delivery of the goods takes place within 3-5 days after conclusion of the contract (with agreed prepayment however only after the time of your payment instruction).
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. Legal liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).
Last update: 22.05.2020