Conditions of Use & Sale

§1 Validity of the terms and conditions

The following terms and conditions of business and delivery apply to all Manga Café / Manga Box delivery transactions. Deviating provisions, in particular the buyer’s purchasing provisions, only become part of the contract if this has been agreed in writing.

§2 Conclusion of the contract

All offers of the Manga Café / Manga Box are non-binding. Orders are only binding for us if they are confirmed or they are met by sending the goods. If Manga Café / Manga Box cannot execute an order for reasons beyond our control, the contract becomes void for both parties.

§3 Pricing and additional costs

The prices valid on the day of delivery always apply to the calculation. The price applicable on the day of invoicing according to the Manga Café / Manga Box price list is used for calculation. Fixed prices require an express written agreement. The prices include VAT and may be subject to fluctuations due to exchange rates. Postage and packaging costs are borne by the buyer.

§4 Transfer of Risk

The risk of loss, deterioration and shipping is in all cases transferred to the buyer as soon as the delivery item leaves the business or storage rooms of the Manga Café / Manga Box.

§5 Delivery Time

Agreed delivery dates are non-binding, unless something else is expressly specified in the written order confirmation. If a delivery deadline has been agreed to be binding, this deadline is extended appropriately in the event of force majeure, impossibility or delay in delivery through no fault of the seller. If a binding delivery period is exceeded by more than two weeks, the buyer is entitled to withdraw from the contract after a reasonable grace period of at least 14 days. The right to withdraw from the contract can only be exercised by the buyer within two weeks of the expiry of the grace period.

§6 Right of Withdrawal and Return

You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or – if you have been given the item before the deadline – by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

Mail: Manga Café, Caumannsstr. 3, 51065 Cologne, Germany

Email: info@manga-cafe.net

In the case of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation or the goods, for us with their receipt.

§7 Refusal of Delivery

If the buyer refuses to accept delivery of our goods, Manga Café / Manga Box can set him/her a reasonable deadline for acceptance. If the buyer has not accepted the goods within the deadline set, the seller is entitled to withdraw from the contract or to demand compensation for non-performance. The goods can only be taken back with the express consent of Manga Café / Manga Box.

§8 Payment of the Purchase Price

Unless otherwise expressly agreed, payments are to be made immediately upon receipt of the invoice or will be debited directly from the buyer’s account by Manga Café / Manga Box, provided that the buyer has agreed to the direct debit procedure. Discounts are only granted on the basis of an express written agreement. Manga Café / Manga Box is not obliged to accept bills of exchange or checks as payment; if they are accepted, acceptance is only on account of performance. Collection and discount costs as well as exchange tax are borne by the customer. These costs are to be paid to Manga Café / Manga Box together with the invoice amount. Manga Café / Manga Box assumes no liability for the timely presentation, protest, notification and return of the bill of exchange in the event of non-redemption.

§9 Delay of Payment by Customer

If the payment period is exceeded, the buyer has to pay Manga Café / Maga Box default interest of at least 5% above the respective discount rate of the Deutsche Bundesbank. The right to claim further damage caused by default is expressly reserved. In the case of suspension of payments, filing of an application for bankruptcy or settlement proceedings by the buyer, Manga Café / Manga Box is entitled to demand advance payments or security deposits.

§10 Warranty

Manga Café / Manga Box guarantees that the products have an agreed quality or are free of material defects at the time of delivery, i.e. that they are suitable for the uses stipulated in the contract or are suitable for normal use and have a quality that is customary for items of the same type and that the seller according to the type of item and / or the announcement by Manga Café / Manga Box or the manufacturer can expect. The customer must check the goods for completeness or any defects immediately after receipt of the delivery, at the latest within one week (7 days) of receipt, and in the event of a discrepancy will send a notice of defects immediately. In the case of hidden defects, notification must be made immediately after the hidden defect has been discovered within the warranty period. The warranty period is two years. It begins with the arrival of the goods at the customer. In the event of a defect, the customer can, in accordance with Section 439 of the German Civil Code (BGB), request the removal of the defect or the delivery of a defect-free item. Manga Café / Manga Box can refuse the type of supplementary performance chosen by the buyer within the framework of § 439 if it is only possible at disproportionate costs. If the repair of a defect does not succeed in the second attempt either, the customer is entitled within the framework of § 439 BGB to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. The withdrawal is complete if the defect is minor and insignificant. The prerequisite for warranty claims is that the defect was not caused by improper use or excessive demands. If a defect only becomes apparent later than 6 months after handover, the customer must provide evidence that the item was defective when the risk passed. Otherwise Manga Café / Manga Box is free to provide evidence that the item did not show any material defects at the time of delivery. Returns of incorrectly delivered or defective goods will only be accepted after prior agreement. Unpaid shipments are generally not accepted. BGH of 08/07/1998 VIII ZR 1/98 The customer must check the goods for completeness and damage immediately after receipt. If a complaint is not made within 7 days after receipt of the delivery, the acceptance is deemed to have taken place. The imports we offer from Japan are basically original goods, as far as we can check this to the best of our knowledge and belief. Manga Café / Manga Box will continue to only offer original goods in the future, we owe this to our reputation and our personal approach.

§11 Retention of Title

All deliveries are subject to retention of title. The delivered goods remain the property of Manga Café / Manga Box until full payment of the purchase price and all other claims by Manga Café / Manga Box against the buyer from the current business relationship (in the case of payment by check or bill of exchange until their redemption). Manga Café / Manga Box retains ownership of its deliveries of goods, which may only be sold in the ordinary course of business, until all claims from the business relationship have been paid, including any refinancing or reverse bills of exchange.

§12 Place of Performance and Place of Jurisdiction

The place of performance for all liabilities arising from the delivery business and the place of jurisdiction for all disputes in connection with the delivery business is Cologne.

§13 Invalidity of Individual Clauses

If individual provisions of these terms and conditions of business and delivery are or become invalid, this shall not affect the validity of the remaining provisions.

§14 Return of Rechargeable Batteries / Batteries

Accumulators or batteries are included with some of our items. Used accumulators and batteries do not belong in the household waste. You are obliged to dispose of used rechargeable batteries and batteries exclusively through retailers or the specially set up collection points (statutory return obligation). Retailers and manufacturers are obliged to take back these accumulators and batteries free of charge and to recycle them properly or to dispose of them as hazardous waste (statutory take-back obligation). So you can return them to a communal collection point or to a local store free of charge after use. If you want to return rechargeable batteries and batteries to us, you can send them back to us postage paid. If you send the shipment to us with sufficient postage, you will be reimbursed the postage costs and thus save us unnecessarily high postage costs for postage unpaid shipments.
Batteries are marked with a symbol consisting of a crossed-out garbage can. For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the respective chemical symbol (Hg (mercury), Cd (cadmium) or Pb (lead) is below the garbage can symbol listed.

§15 Information about the placing on the market, the return and the environmentally friendly disposal of electrical and electronic equipment

Since August 13, 2005, manufacturers have been obliged to take back old electrical appliances that have been on the market free of charge. Manufacturers must mark their electrical and electronic equipment that is placed on the market after November 23, 2005 with a symbol (crossed-out wheeled bin).
Such old devices should not be disposed of as unsorted municipal waste, but should be collected separately and disposed of via the local collection and return systems. In accordance with the “ElektroG” law of March 23, 2005, we only sell electrical and electronic equipment from manufacturers who have registered with the responsible authorities and who can provide evidence of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment.

Online dispute resolution according to Art. 14 Para. 1 ODR-VO

The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.