General Terms and Conditions and Client Information & Information on Data Protection

Table of Contents
  1. General Terms and Conditions and Client Information
    1. Scope of Application
    2. Conclusion of the Contract
    3. Right to Cancel
    4. Price and Delivery Costs
    5. Shipment and Delivery Conditions
    6. Liability for Defects
    7. Law and Jurisdiction
    8. Code of Conduct
  2. Information on Data Protection
    1. Information on the Collection of Personal Data and Contact Details of the Controller
    2. Contacting
    3. Processing of Data for the Purpose of Order Handling
    4. Rights of the Data Subject
    5. Duration of Storage of Personal Data
  • A. General Terms and Conditions and Client Information
    1. Scope of Application
      1. These Terms and Conditions (hereinafter referred to as “GTC”) of the Osama Khadro (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller related to all goods and/or services presented by the Seller on the ManoMano trading platform (https://www.manomano.co.uk). The inclusion of the Client`s own conditions is herewith objected to unless other terms have been stipulated. Reference is made to the General Terms and Condition of Use of the ManoMano platform ( https://www.manomano.co.uk/cgu).
      2. A consumer pursuant to these GTC is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these GTC is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
    2. Conclusion of the Contract
      1. By placing an offer with ManoMano, the Seller submits a binding offer to conclude a contract for the item displayed. The contract is concluded by the Client after going through the individual steps of the ordering process and then completing them by pressing the button "ORDER AND PAY" [or by completing the specified payment process, whichever comes first].
      2. The Client must go through the following technical steps:
        On the product overview or product detail page, the Client first clicks on the button "ADD TO BASKET" and then goes through the further steps specified by ManoMano. If the Client is not yet registered for ManoMano, he first must register, enter, and confirm his personal data. Finally, the Client clicks on the button "ORDER AND PAY".
      3. The sales contract is concluded by the Client and the Seller at the time the Seller sends the order confirmation e-mail.
      4. The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. The Seller himself will not make the text of the contract accessible beyond this.
      5. Before submitting a binding order, the Client can identify, check, and correct possible input errors as follows:
        After clicking the input button ("ADD TO BASKET"), the Client can check his input again on the following confirmation pages. If he wants to correct his entries, he can change the quantity within the shopping cart or remove an offer or cancel the process by closing the browser window and re-visiting the ManoMano article page later. The desired corrections can then be made again using the usual keyboard and mouse functions in the corresponding input fields.
      6. The contractual language is English.
      7. Order processing and contacting takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
    3. Right to Cancel Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
    4. Price and Delivery Costs
      1. Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
      2. The Client will be informed about the payment options on the ManoMano website. The payment will be handled by Colibri SAS, headquartered at 52 rue Bayen, 75017 Paris, France, which is authorized by the Seller to receive payments.
    5. Shipment and Delivery Conditions
      1. Delivery of goods shall be made on dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. For the processing of the transaction, the delivery address given in the order processing at ManoMano.Co.UK is decisive.
      2. Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service.
    6. Liability for Defects
      1. The statutory consumer rights will apply.
      2. If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
      3. The Client is asked to lodge a complaint about delivered goods with obvious transport damages with the delivery agent and to inform the Seller about this. If the Client does not comply with this, this has no effect on his legal or contractual claims for defects.
    7. Law and Jurisdiction
      1. If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
      2. If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.u client.
      3. The Client is asked to lodge a complaint about delivered goods with obvious transport damages with the delivery agent and to inform the Seller about this. If the Client does not comply with this, this has no effect on his legal or contractual claims for defects.
    8. Code of Conduct The Seller has agreed to the conditions of participation in the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
  • B. Information on Data Protection
    1. Information on the Collection of Personal Data and Contact Details of the Controller
      1. We are pleased that you are visiting our ManoMano.Co.UK internet presentation (hereinafter “website”) and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
      2. The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Osama Khadro, Osama Khadro, Ligsalzstraße 15, 20889 München, Deutschland, Tel.: 015229666664, E-Mail: kshereih@yahoo.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
    2. Contacting In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
    3. Processing of Data for the Purpose of Order Handling The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing if this is necessary for payment handling.
      If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
    4. Rights of the Data Subject
      1. The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below: Right of access by the data subject pursuant to Art. 15 GDPR Right to rectification pursuant to Art. 16 GDPR Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR Right to restriction of processing pursuant to Art. 18 GDPR Right to be informed pursuant to Art. 19 GDPR Right to data portability pursuant to Art. 20 GDPR Right to withdraw a given consent pursuant to Art. 7 (3) GDPR Right to lodge a complaint pursuant to Art. 77 GDPR
      2. RIGHT TO OBJECT
        IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
        IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
        IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
        IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
    5. Duration of Storage of Personal Data

      The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.

      When personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the person concerned revokes his consent.

      If there are legal retention periods for data which is processed within the framework of legal or similar obligations based on Art. 6 (1) point b GDPR, this data is routinely deleted after expiry of the retention, to the extent that they are no longer required for the fulfilment or initiation of a contract and/or we have no justified interest in their further storage.

      When personal data is processed based on Art. 6 (1) point f GDPR, this data is stored until the person concerned exercises his right to object in accordance with Art. 21 (1) GDPR, unless we can provide compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

      When personal data is processed for the purpose of direct advertising based on Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.

      Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected.