§ 1 General

(1) These Terms of Service apply to all contracts, deliveries, and other services of 8wonders GmbH, Langhansstraße 28, 13086 Berlin (hereinafter: "Seller"), concerning the online shop https://www.mathepotamia.com and all sub-domains belonging to the domain. Any terms or conditions proposed by customers that deviate from or are in conflict with these Terms of Service shall not apply unless the Seller has explicitly confirmed their acceptance in writing. Individual agreements between the Seller and the customers always take precedence over these Terms of Service.

(2) The business relationships between the Seller and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of UN Sales Law is excluded.

(3) The contract language is German. This English translation is provided for reference only. In case of any discrepancies or conflicts between the German version and the English translation, the German version shall prevail and be binding. The official German version of these Terms of Service can be found at https://www.mathepotamia.com/de/agb.

(4) The place of jurisdiction is Berlin, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer has no general place of jurisdiction in Germany or if the place of residence or usual abode is unknown at the time the action is filed.

(5) We deliver to the following countries: worldwide.

(6) Customers have the option of using alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.

§ 2 Contract Contents and Conclusion

(1) The Seller offers customers new goods, especially educational games, workbooks, and exercise books, for sale in the online shop https://www.mathepotamia.com.

(2) When purchasing in the online shop, a purchase contract is concluded through the acceptance of the customer's order by the Seller. Price indications in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by email.

(3) The contract text can no longer be viewed after the order. We therefore ask you to save the contract text.

§ 3 Prices, Shipping Costs, VAT, and Payment

(1) For orders via the online shop, the prices stated there apply. All prices include statutory VAT.

(2) The prices are exclusive of shipping and packaging costs, which are communicated to the customer before placing the order.

(3) The Seller delivers to customers according to the customer's preference against the following payment methods: credit card payment, via PayPal.

(4) If a customer defaults on their payment obligations, the Seller can claim damages according to the statutory provisions and/or withdraw from the contract.

(5) The Seller always issues an invoice to the customer, which is handed over to them upon delivery of the goods or otherwise sent in text form.

§ 4 Delivery and Transfer of Risk

(1) The ordered goods will be delivered to the address provided by the customer unless contractually agreed otherwise. The delivery is made from the Seller's warehouse.

(2) The availability of individual goods is stated in the article descriptions. The Seller ships goods in stock within 3-5 working days after payment instruction (for advance payment by bank transfer: within 3-5 working days after receipt of payment), unless expressly agreed otherwise. If the goods are marked as not in stock in an online shop sale, the Seller endeavors to deliver as quickly as possible. The Seller's information on the delivery period is non-binding unless the delivery date has been exceptionally guaranteed by the Seller.

(3) The Seller reserves the right to make a partial delivery if it appears advantageous for speedy processing and if the partial delivery is not exceptionally unreasonable for the customer. Additional costs incurred due to partial deliveries will not be charged to the customer.

(4) The Seller reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is wholly or partially omitted. This self-delivery reservation only applies if the Seller is not responsible for the failure of the delivery. The Seller is not responsible for the failure of the service insofar as a congruent hedging transaction has been concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the Seller will immediately inform the customer of this circumstance and refund any purchase price and shipping costs already paid.

The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment upon delivery of the goods in the case of a sale by delivery to a place other than the place of performance.

§ 5 Retention of Title

The delivered goods remain the property of the Seller until all claims from the contract have been fulfilled; in the case that the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of their commercial or independent professional activity, this also applies beyond that from the ongoing business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.

§ 6 Right of Retention

The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 7 Liability for Material Defects and Defects of Title

(1) Insofar as defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions.

(2) Damages caused by improper handling of the customer during setup, connection, operation, or storage of the goods do not constitute a warranty claim against the Seller. The customer can find instructions on proper handling in the manufacturer's descriptions.

(3) Defects must be reported by the customer to the Seller within a warranty period of two years for new items or one year for used items.

The above limitations of liability do not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer that are aimed at compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or that are based on intentional or grossly negligent fault of the Seller or its vicarious agents.

The above shortening does not apply to defects in a building or an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The above shortening also does not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer that are aimed at compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or that are based on intentional or grossly negligent fault of the Seller or its vicarious agents.

(4) If defects are present and have been claimed in a timely manner, the Seller is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions apply.

§ 8 Information Obligations for Transport Damages

If goods are delivered with obvious damage to the packaging or content, the customer should, without prejudice to their warranty rights (§ 7), complain about this immediately to the carrier/freight service and contact the Seller immediately by email or in another way (fax/mail) so that the Seller can safeguard any rights against the carrier/freight service.

§ 9 Exclusion of Liability

(1) Outside the liability for material defects and defects of title, the Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. It is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned above.

(2) The limitations of liability in the preceding paragraph do not apply to injury to life, body, and health, to a defect after assuming a guarantee for the quality of the product, and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (8wonders GmbH, Langhansstraße 28, 13086 Berlin, info@8wonders.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website https://www.mathepotamia.com. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Withdrawal Form

If you want to withdraw from the contract, please fill out this form and send it back to us:

To 8wonders GmbH, Langhansstraße 28, 13086 Berlin, info@8wonders.de:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) ..................................... Ordered on (*)/received on (*) ...................... Name of consumer(s) ........................... Address of consumer(s) ........................... Signature of consumer(s) (only if this form is notified on paper) ........................... Date ........................... ...........................
(*) Delete as appropriate.

These Terms of Service are current as of: June 2024 – Version 1.0