Terms and conditions

Introduction

This Agreement contains the complete terms and conditions that apply to all activities you will make on our website. By using this website, the user agrees to be bound by its terms of use and shall comply thereof. This agreement describes and encompasses the entire agreement between the user and mapapu GbR, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content and computer programs provided by or through the site, and the subject matter of this agreement. Amendments to this agreement can be made and effected by mapapu GbR from time to time without specific notice to the users end. Agreement posted on the site reflects the latest agreement and the user should carefully review the same before using our site.

Use of the Site & Prohibitions

The site allows the user to shop online. However, it is prohibited to do the following acts: (a) use our sites, including its services and or tools if the user is not able to form legally binding contracts, is under the age of 18, or is temporarily or indefinitely suspended from using our sites, services, or tools;  (b) collecting information about users’ personal information; (c) maneuvering the price of any item or interfere with other users' listings; (d) post false, inaccurate, misleading, defamatory, or libelous content.

Payments and Processes of Invoices

The mapapu GbR has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by the mapapu GbR before the sewing-process of the specific mapapu begins. The mapapu GbR has all the rights to cancel or deny orders in case the provided shirts or other clothing are not usable/workable.

Risk of Loss

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Risk of minor quality and components

The quality of the clothing choosen will determine the quality of the mapapu. The risk of the mapapu getting damaged by using it, is passed to you upon our delivery.

The mapapu GbR is not reliable for any risks emerging of swallowable pieces on the clothing that were chosen by the orderer (buttons, pearls, shells, prints on a shirt, sequins and others). The orderer is completely responsible for the material, quality and components of the clothing, send to the mapapu GbR. If the mapapu is ordered for a child´s use, shirts without swallowable pieces / details should be chosen for safty reasons!

Product Pricing & Descriptions

All prices listed are to be understand in €. The price for a mapapu includes the distribution of the sewn mapapu from our factory in Tostedt, Germany to the adress provided by the orderer when placing the order.

We do not take any warranty that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Many mapapus are visible on our website. The look of each individual mapapu depends on the material and its expansibility the mapapu GbR get from the orderer. This determines the quality and the look of the mapapu ordered. If the mapapu GbR considers, that the delivered clothing is not usable for the handcraft, the orderer will be contacted and asked to either send other clothings. In case this is not wanted the agreement will be nulified. In this case the advanced payment will be refunded.

Term of payment

The purchasing price has to be transferred in advance onto the following account:

Account: mapapu GbR
Sparkasse Scheessel
BIC: BRLADE21SHL
IBAN: DE44 2915 2550 0003 043 049

Or via PayPal to the PayPal-ID info@mapapu.de . The contractual relationship among PayPal and its clients are conform to the terms of use of PayPal.

Warranty for defects

In case of a defect the German legal regulation will enter into force. The mapapu GbR does not carry warranty for damage resulting of defective clothing sent by the orderer.

In case of a damage, the obvious fault is to be declared immediately to the mapapu GbR in written manner (letter, fax, email).

Place of juridiscation & liability limitation

German law is to be adducted.

The place of jurisdiction is Tostedt, Germany.

For grossly negligent dagmage, faulted by the mapapu GbR, its legal agents, executive employee the mapapu GbR is fully liable.

In the case of slight fault of unessential contractual obligation the mapapu GbR in not liable.

Disclaimer Instruction

The mapapu GbR fabricates products on customer request (remittance work). A return/restoration of the item is not possible.

A disclaimer instruction therefore is not necessary.

Foreign order

The mapapu GbR deliveres outside Germany. Transfer fees and/or customs duties are to be paid by the orderer. Additional extra-costs for a higher postal charge (EU-countries plus 10 €, Swizerland plus 20 €, other non EU-countries on request) will be added to the orderer.

Delivery

The product will be delivered to the adress, given by the orderer upon placing the order.

The mapapu GbR is not able to inform about the exact day of delivery. The customer will be contacted once its mapapu is ready to be shipped. The leadtime in rare cases can take up to 10 weeks.

Carton is used as packaging material. If the orderer has no possibility of disposing it, the mapapu GbR will name a place of redemtion in reasonable distance. If there is not such a place, the carton can be send back to the mapapu GbR on their costs. Herefore the carton has to be packed as small as possible to avoid high charges of delivery.

Publication of mapapu-pictures

Pictures of produced mapapus may be published on our website, on facebook or other chanels. The orderer has the right to disagree this agreement by informing mapapu in written manner (fax, letter, email).

Editing, Deleting and Modification

The mapapu GbR may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in their sole discretion, by posting a notice or a new agreement on their site. VISITING AND SHOPPING ON THE MAPAPU SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Fraud

Fraudulent acitvities are highly monitored on our site and if fraud is detected, the mapapu GbR shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

The mapapu GbR will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement will not exceed € 1,000 or the total price of the subject products paid or payable to you whichever is less.

The mapapu GbR makes no express or implied warranties or representations with respect to any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, the mapapu GbR makes no representation that the operation of their site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis.The user understands and agrees that the usage of the site is at the users own risk.

Confidentiality

The user agrees not to disclose information obtaining from the mapapu GbR and or from their clients, advertisers and suppliers. All information submitted to by an end-user customer is proprietary information of the mapapu GbR. Such customer information is confidential and may not be disclosed. Publisher agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-waiver

Failure of the mapapu GbR to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

Miscellaneous

This agreement shall be governed by and construed in accordance with the substantive laws of the European rights, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts Tostedt, Germany, to the exclusion of any other courts without giving effect to its conflict of laws provisions or the orderers actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to the mapapu GbR. However, the mapapu GbR may assign this agreement to any person at any time without notice.

In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms.