Terms and conditions
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
IBAN: DE44 2915 2550 0003 043 049
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.
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.
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.
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.
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.
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.
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.
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.