Terms and conditions

Standard Business Terms and customer information
 
I. Standard business terms
 
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Malankara Ltd.) via the www.malankara.co.uk website. Unless otherwise agreed upon, the inclusion, if
necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial
activity.
 
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the
navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been
called up and the respective personal data and payment and shipping conditions have been entered, all the order
data is displayed again on the order overview page. Before the order is sent, you can re-check all the data,
change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered
to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet
lead to the conclusion of a contract.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days
via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the
execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be
bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address
that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
 
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been
settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before
ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the
claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation
to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However,
insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the
claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire
co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the
invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
 
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items
amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not
apply in situations involving culpably caused damages that can be attributed to the supplier and which are
associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations
involving damages suffered as a result of gross negligence or malicious intent, 
(3) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the manufacturer are
the only things that represent the properties and condition of the product in question. Other advertisements,
blurbs and statements issued by the manufacturer are not considered to be representative of the properties and
condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and quantitative
deviations, and to inform us in writing of apparent defects within a period of 7 days after receipt of the goods. The
term limit shall be considered to have been complied with if a timely dispatch was executed. This also applies to
hidden defects that are detected at a later stage (from the time of discovery onwards). Warranty claims cannot be
raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
c) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is
not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect
removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to
the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs,
which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does
not correspond to the intended use of the item.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened warranty
period does not apply in situations involving culpably caused damages that can be attributed to us and which are
associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations
involving damages suffered as a result of gross negligence or malicious intent.
 
§ 5 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore,
we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently
concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other
legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in
our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our
liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual
obligations’ refers to important obligations that follow from the nature of the contract and whose violation would
jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract
impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it
possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken
for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the
situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission
operations that use the internet will take place in an error-free manner characterised by permanent availability. In
this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered
on the website.
 
§ 6 Choice of law, place of fulfilment, jurisdiction
(1)Scottish law shall apply. This choice of law only applies to customers if it does not result in the revocation of
the protection guaranteed by the mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed
by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that
follow from the business relationships that exist with us. The same condition applies to situations in which you are
not associated with a general place of jurisdiction in Scotland or the EU, as well as situations in which the place
of residence or the usual place of residence is not known at the time of commencement of proceedings. This has
no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
inapplicable.
_______________________________________________________________________________________
II. Customer information
 
1. Identity of the seller
(Malankara Ltd.
LAMOND NESS, OLD DRONLEY ROAD
DUNDEE DD2 5QT
SCOTLAND, UK
E-Mail: info@malankara.co.uk
Telephone: 01382 671010
E-Mail: info@malankara.co.uk
 
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which
can be viewed under http://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart
system the contract data can be printed out or electronically saved using the browser’s print function. After the
order is received by us, the order data, the legally-mandated details related to distance selling contracts and the
standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The main features of the product and/or service can be found in the product description and the supplementary
details appearing on our website.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all
the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the
relevant button on our website or in the relevant item description, are separately specified during the ordering
process and must be borne by you separately, unless a free delivery has been agreed upon.
5.3 The payment methods that are available to you are specified under a correspondingly-named button on our
website, or in the respective product description.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract
that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a
correspondingly-named button on our website, or in the respective product description.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being
destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless
of whether or not the shipping operation is insured. This condition does not apply if you have independently
commissioned a transport company that has not been specified by us or a person who has otherwise been
appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
7.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our standard
business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport
damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in
writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the
legal security of the texts and assumes liability in case warnings are issued. More detailed information can be
found on the following website: http://www.haendlerbund.de/agb-service.
last update: 27.06.2016

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