Last updated June 04, 2020
Article 1 – Interpretation
- Manccy means the business established at Lidostas parks, LV-2167 LATVIA is the seller of products under these Terms and Conditions.
- The customer is the party that executes the order for products supplied by Manccy for a fixed amount of money.
- Contract means the legally binding agreement between Manccy and the Customer for the supply of Goods.
- Order means the Customer’s order for the Goods from Manccy following the step by step process as set out on the Website.
- Good(s) means the good(s) advertised on the Website that is supplied by Manccy.
- Offer means the offering of the Goods for a reduced price or under other different conditions.
- The website means our website on manccy.com, on which the Goods are advertised.
Article 2 – General Applicability and Amendment
- Only these Terms and Conditions apply to all offered Goods from Manccy and all Orders placed by the Customer with Manccy via the Website or the mobile Website.
- To be able to place an Order, the Customer must be at least 16 years old, or older if that is required under applicable law. The Customer hereby also represents to be an end-user of the Goods, not a reseller.
- The placement of an Order requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. It is the responsibility of the Customer to read and understand the Terms and Conditions prior to placing an Order.
- All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Order by the Customer.
- In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. Manccy will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
- Manccy may unilaterally change these Terms and Conditions. The amended Terms and Conditions will apply immediately to Orders placed after the changes have been made.
Article 3 – The Goods
- The offered Goods will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Good by the Customer. Where Manccy uses images, these are a true representation of the Goods.
- Obvious mistakes or errors in description and/or depiction of Goods do not bind Manccy.
- Offers are free of obligation unless a period of acceptance is stated in the Offer. If the Offer is not accepted within that specific period, the Offer will expire.
- Manccy cannot be held to its Offer(s) if the Customer can reasonably understand that the offer(s), or a part thereof, contain(s) an obvious mistake or error.
- Offers do not automatically apply to repeat orders. Unless the parties have expressly agreed so in writing.
Article 4 – The Order and Payment
- The Customer enters into a contract, subject to the provisions of Article 2, at the time the Customer places the Order and accepts the Applicability of these Terms and Conditions.
- The full purchase price is paid immediately upon placing an Order by submitting credit or debit details with your Order.
- The prices on the Website are including the statutory VAT but excluding shipping costs. Typing errors and price changes are reserved.
- Manccy takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.
- The Customer will not pay in any other way than the methods listed on the Website. If the Customer does this anyway, Manccy will not be liable for the loss of the payment or any other damages resulting from this action.
Article 5 – Right of Withdrawal
- The Customer can cancel an Order of a Good during a cooling-off period of 14 days without giving reasons. Manccy may ask the Customer about the reason for withdrawal but the Customer is not obliged to state the reason(s).
- The cooling-off period starts on the day after the Customer or a third party designated by the Customer in advance, who is not the carrier, has received the product. Upon delivery, the Customer will be fully and solely responsible for the Good.
- This right of withdrawal may not be exercised for products that have been customized to the Customer’s specifications, or which were unsealed after delivery and therefore have become unsuitable for return due to health and hygiene considerations.
- The period referred to in clause 5.1 starts on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the Good.
- During the cooling-off period, the Customer will handle the Goods and the packaging with due care. The Customer will only unpack the Good to the extent necessary to be able to assess whether or not the Customer wants to keep the Good. If the Customer decides to exercise the right of withdrawal, he/she will return the unused and undamaged product with all accessories supplied and – where reasonably possible – in the original shipping packaging.
- During this 14-day period, the Customer will handle the Goods and the packaging with care. The Customer will only unpack or use the product to the extent that it is necessary to be able to assess whether the Good is of proper quality. If Customer exercises the right of withdrawal, Customer will return the unused and undamaged Good with all accessories supplied and – where reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by Manccy on the Website.
- The customer will notify Manccy of the intent to exercise the right of withdrawal within the 14-day cooling-off period by following the steps set out by Manccy. Within 14 days from the day following this notification, the Customer will return the product to Manccy.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Customer.
- The Customer bears the costs of returning the product to Manccy.
- Manccy will reimburse payments made by the Client, including the standard delivery costs charged by Manccy for the delivered Good, within 14 days following the day on which Manccy has received the returned Good.
- Manccy will use the same payment method that the Customer has used for the reimbursement unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.
- If a package gets lost in transit, the Customer must notify Manccy of this no later than 14 days after the estimated delivery date. If this is due to an error attributable to Manccy, Manccy will offer a full refund to the Customer.
- If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the product is returned to Manccy. The Customer will be liable for reshipment costs.
- Reshipment will become unavailable after four weeks from the day in which Manccy receives the package back as Goods will then be donated to charity.
- Reshipment is likewise unavailable for Customers who have failed to register an account with the correct billing method and/or delivery address on the Website.
Article 6 – Delivery and Execution
- Manccy will take all reasonable care when receiving and executing orders for the delivery of Goods.
- While Manccy will confirm any order by email, the receipt of an email order confirmation does not necessarily constitute the acceptance of an order. Manccy reserves the right to, without prior notice, limit the order quantity or refuse service to any Customer. In the event Manccy makes a change to an order or cancels it completely, Manccy will attempt to notify the Customer immediately.
- Manccy will execute accepted orders with due speed but at the latest within 7 days, after which the Goods will be shipped.
- The Goods will be delivered within the agreed period, and, in any event, not more than 30 days after the day on which the Contract is entered into.
- Delivery times are indicative and do not entitle the Customer to dissolution or compensation if they are exceeded.
- If a delivery is delayed, or if an order cannot or can only partially be executed, the Customer will be notified of this no later than 30 days after he has placed the order.
Article 7 – Liability
- If Manccy cannot fulfill its obligations arising from the Contract in time or properly, due to force majeure, it is not liable for damage suffered by the buyer.
- Force majeure is, in any case, understood to mean any circumstance that Manccy could not take into account at the time in entered into the contract with the Customer and as a result of which the normal execution of the Contract cannot reasonably be required by the Customer, such as, for example, illness, war or danger of war, civil war and riot, sabotage, terrorism, energy disruption, flood, earthquake, fire, government measures, transport difficulties, and other disruptions within Manccy.
- Manccy is not liable for possible damage caused by the execution of the Contract by it or the Customer, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Manccy, provided this has been demonstrated by the Customer.
- In any case, is Manccy’s liability is limited to the maximum value of the Order.
- The Customer indemnifies Manccy against any and all claims from third parties for compensation for damage. If Manccy is held liable by a third party with regard to the Order, the Customer is obliged to pay Manccy all related costs, and the Customer is obliged to assume responsibility for the liability directly by informing the third party that Manccy is not liable, but the Customer himself.
- Any claim for damages on Manccy will lapse after the one year from the day on which the Customer has taken cognizance of the damage.
- If Manccy is deemed liable, this liability is always limited to direct damage. Manccy is not liable for indirect and/or consequential damage.
- The Customer is liable for all damages that Manccy may suffer as a result of a shortcoming attributable to the Customer in the fulfillment of the obligations arising from the Contract and these Terms and Conditions.
Article 8 – Use of the Website
- Manccy retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it, including the Website. The design of the Website, including its software, source code, text, images, and all other content are copyrights, trademarks, and other intellectual properties that are owned and controlled by Manccy.
- The Customer may not reproduce, publish, transmit, distribute, display, modify, or exploit in any way the content of this Website.
- Manccy may terminate or suspend the Customer’s account and restrict the use of all or any part of the Website at any time for any reason, without any liability falling to Manccy, subject to applicable law.
Article 9 – Third-Party Websites and Content
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Article 10 – Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Article 11 – Contributor License Agreement
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Article 12 – Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Article 13 – Return Policy
Please review our Return Policy posted on the Site prior to making any purchases.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Article 15 – Applicable law
- Only Latvian law applies to the legal relationship between Manccy and the Customer.
- The court of Latvia is authorized (in the first instance) to take cognizance of any dispute between Manccy and the Customer unless otherwise required by law.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
If you have any questions about this Agreement, please email us at firstname.lastname@example.org.