ARTICLE 1 – ACCEPTANCE OF TERMS
At Manduka, B.V., (“Manduka”, “us”, “our,” or “we”), our mission is to inspire and enable everyone to experience the transformative power of yoga. We are thrilled that you chose to use our Website (“Website”), and any of our other products and services we provide you (collectively, “Services”) to help you craft a unique yoga experience.
Manduka has drafted these Terms of Service (“Terms”, “Agreement”) to ensure the Customer (“Customer”, “you”) that shopping with Manduka is safe, secure and protected. Our Terms tell the Customer how the Customer may use our Services and informs the Customer of the rules that govern the use of Manduka’s Services.
ARTICLE 2 – DEFINITIONS
Manduka B.V: Manduka BV, Keizersgracht 555, 1017DR Amsterdam, The Netherlands. Fiscal representation by Cosmopolite Belgium VAT: BE0717686865 EORI: NL859179394
Terms of Service: The agreement at distance concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement shall be governed by these general terms and conditions.
Customer: Every natural person who acts for purposes that fall outside of his/her commercial, corporate, crafts or professional activities and who purchases or will potentially purchase Products via the Website.
Business Customer: Every natural or legal person who acts for purposes of his/her commercial, corporate, crafts or professional activities and purchases Products via the Website.
Business Day: Every day, except Saturday, Sunday and national holidays.
Offer: The offer of Products via the Website. The Offer shall be governed by these general terms and conditions.
Products: All Products available for purchase on the Website.
Writing: Manduka may reach out to the Customer primarily by email.
Order Confirmation: Confirms that Manduka acknowledges that Manduka has received the Customer’s order, but does not confirm acceptance of the order.
Shipping Confirmation: Dispatch notification in Writing confirming the acceptance of the Customer’s order and sale of Product(s) of the order to the Customer.
Manduka Wholesale Program: Business Customers, such as retailers and studios, who resell Manduka Product at their point of retail.
ARTICLE 3 – COMPANY INFORMATION
Manduka B.V., registered in the Netherlands under the Chamber of Commerce number (KVK) 72627522 at Keizersgracht 555, 1017DR Amsterdam, The Netherlands. Fiscal representation by Cosmopolite Belgium VAT: BE0717686865 EORI: NL859179394
ARTICLE 4 – APPLICABILITY
Manduka provides its Website to its Customer to enhance their yoga experience as we believe that yoga is for everyone – and that no matter who you are or why you have decided to try yoga, it has something incredible to offer. Manduka provides innovation, education, and opportunities for everyone to experience the many benefits of practicing yoga.
These Terms are applicable to every Offer (“Offer”) of Products (“Products”) available for purchase on Manduka’s Website and to all Agreements.
These general terms and conditions will be made available to the Customer before conclusion of the Agreement and the Customer.
These general terms and conditions will be made available to the Customer, at least before the conclusion of the Agreement, in a manner that will allow the Customer to save the general terms and conditions on a durable electronic data carrier.
Please note that all features, content, specifications of Manduka’s Website, and any Products or prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
Manduka strives to ensure that our Services and all other information Manduka provides is complete, accurate and current. Manduka makes no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Website or Services.
ARTICLE 5 – REGISTRATION WITH MANDUKA
The Customer may register and create an individual account with Manduka in order to access and use Manduka’s Services. The Customer may also make a purchase from our Website as a “guest” without needing to register or create an account with Manduka. Please note that there may be some Services only available to those who have registered and created an individual account with Manduka.
In either situation, the Customer will be required to provide certain information to Manduka to fulfill certain Services the Customer asks Manduka to perform. All information that the Customer is required to provide at registration must be current, complete and accurate. The Customer is also responsible for ensuring that their account information is timely updated if it ever changes. In addition, the Customer must keep and is responsible for keeping their sensitive information (e.g., account password) confidential. Please contact Manduka immediately if the Customer thinks the account has been compromised.
In using the Services, the Customer agrees that:
- You are permitted to create only one account for yourself, and you will not create more than one account for your individual use.
- You will not, without our express permission, create another account for yourself if we have disabled or otherwise restricted your account.
- You will not buy, sell, rent, or lease access to your account in any way.
- You will not share your account’s login credentials (for example, your account password, or your email address and password reset/security question) with others.
- You will log in and access the Sites and Services through only those means authorized by Manduka, and you will not log in or attempt to access the Website or Services through any unauthorized means.
ARTICLE 6 – PRODUCT
Product images on Manduka’s Website are for illustrative purposes only. Manduka aims to display Product colors accurately, however Manduka cannot guarantee that a device’s display portrays the color of the Product accurately.
As many of our Products are hand-finished, Product may have a reasonable tolerance of difference in color, dimensions and weight.
ARTICLE 7 – PRICE AND PAYMENT
The prices of the Products will be as quoted on the Website at the time the Customer submits an order.
If a Product is incorrectly priced on the Website, Manduka will contact the Customer in Writing (“Writing) as soon as Manduka becomes aware of the incorrect price. The Customer has the option to continue to purchase the Products at the correct price or to cancel the order in accordance with the cancellation procedure set out in Article 10.2. The order will not be processed until Manduka has received the instructions from the Customer within seven (7) days as from the moment Manduka has notified the Customer. If Manduka is unable to contact the Customer, using the contact details provided by the Customer during the order process or if Manduka does not receive any response from the Customer within the timeframe set out above, Manduka will treat the order as cancelled and will notify the Customer thereof in Writing.
All prices of the Products are exclusive of delivery charges. The delivery charges are available to the Customer before confirmation of an order. The delivery charges will depend on the country where the Products must be shipped to.
Before submission of an order, the total price, including all costs and taxes, will be available to the Customer and indicated. This does not apply to non-EU and remote area shipping destinations, where additional charges may apply. Please refer to Article 9.3.b.
The Customer can pay for the Products via Credit Card or PayPal.
Manduka.com uses Shopify Secured Checkout encryption to scramble credit card information so that customer transactions are safe and secure. Card authentication and 3D Secure is required to place orders on eu.manduka.com in compliance to the Strong Customer Authentication Regulation (SCA) in Europe.
The Customer must pay in the moment of order placement.
Title to Products shall remain vested in Manduka and shall not pass to the Customer until the purchase price for the Products is received by Manduka.
ARTICLE 8 – FORMATION AND DURATION OF THE AGREEMENT
The Agreement is concluded as from the moment the Customer has accepted the Offer and the Terms.
The Agreement and Terms will remain in force until all obligations have been executed.
- ORDER ACCEPTANCE
When the Customer places an order on the Website, an email confirming receipt of the order including the details of the order (an “Order Confirmation”) is sent. An Order Confirmation confirms that Manduka acknowledges that Manduka has received the Customer’s order, this does not confirm acceptance of the order.
Acceptance of the Customer’s order and sale of Product(s) of the order to the Customer will take place when a message confirming dispatch of the order (a “Shipping Confirmation”) is sent.
- WHEN AN ORDER CANNOT BE ACCEPTED
If, under any circumstances, Manduka is unable to accept the Customer’s order, Manduka will contact the Customer by Writing to the email address provided by the Customer. This may be due to stock limitations, unexpected situations that Manduka could not plan for, error in price or description of the Product or Manduka is unable to deliver the order within a reasonable timeframe.
- ORDER NUMBER
When an order has been placed on the Manduka Website, an order number will be assigned. If the Customer has any inquiries concerning the order, please email Manduka with the corresponding order number so that Manduka can address the inquiry as quickly as possible. If the Customer has not received an order number, please contact Manduka.
ARTICLE 9 – SHIPPING AND DELIVERY
- FREE SHIPPING
Manduka offers free shipping on orders above €85. This is applicable to select mainland EU countries. Free shipping excludes non-EU and remote area shipping destinations.
For shipping to non-EU and remote area shipping destinations please apply the suitable shipping option during check-out. For more shipping information to non-EU and remote area shipping destinations please refer to Article 9.3.b.
- TRANSIT TIME
The Customer will receive a Shipping Confirmation email when the Customer’s order has been dispatched. This will entail a tracking number for the Customer to follow the parcel. Please note that delivery times are an estimation for the Customer’s guidance only and are not guaranteed.
Manduka aims to dispatch orders received up to 14:00 hrs CET on the same day, orders received after 14:00 hrs CET will be shipped the following business day.
The warehouse processes orders from Monday through Friday. Orders are not shipped on Saturdays or Sundays and Belgian national holidays. Our warehouse is closed on Belgium public holidays.
Orders with address irregularities, requiring special shipping or customs documents may need a day extra to be shipped.
Manduka undertakes to deliver the Products within a period of seven (7) days after receipt of the payment in full unless another delivery date is concluded between Manduka and the Customer at the moment of formation of the Agreement. Manduka shall deliver the order to the address provided by the Customer to Manduka during the ordering process.
In case there is no one available at the address of the Customer at the moment of delivery, the Customer must follow the instructions of the delivery service in charge of the delivery of the order.
Additional courier notes for delivery are at the discretion of the delivery driver. Manduka employs a signed for service in which the courier is expected to obtain a signature on delivery. If a delivery note expressing alternate delivery instructions is complied with and results in a lost parcel, any claim for compensation would be invalidated.
The Customer must check the packaging upon delivery/collection for possible damages. In case the Products are damaged, the Customer must notify Manduka within two (2) days.
Manduka is not responsible for delays outside of our control. If necessary, measures are needed to contact the delivery service, Manduka will do so for the Customer. In accordance with this, Manduka will not be liable for delays caused by the event.
Estimated shipping information/delivery time per country in business days can be found here.
Orders over €85 qualify for free shipping. For orders below €85 the shipping fee is €5.99. All orders placed on eu.manduka.com are shipped from our warehouse in Belgium.
NON-EU AND REMOTE AREA SHIPPING DESTINATIONS
Non-EU and remote area shipping destinations do not qualify for free shipping and the €5.99 shipping charge. Charges will be calculated automatically on Manduka’s Website during checkout. If the Customer’s country is not listed on Manduka’s Website, please contact Manduka for further help.
For shipping to non-EU and remote area shipping destinations please apply the suitable shipping option during check-out. If an incorrect shipping option is chosen the Customer’s order will remain on hold, which may cause delay in shipment. In those cases, Manduka will contact the Customer before sending the order as Manduka may need to request additional shipping charges for delivery by Manduka’s parcel service providers.
Local tax and import handling fees will be charged to the Customer by the courier service when ordering to a country outside of the EU customs zone. Manduka is not responsible for these charges. Please contact the local tax authorities for inquiries regarding import taxes. These charges are not refundable when returning items. Customs processing may take extra time to have the Customer’s order delivered.
- UNDELIVERED OR LOST PARCELS
Should the Customer not have received their parcel although the tracking information is stated as “Delivered”, the Customer should reach out to Manduka within two (2) Business Days. The process requires the Customer to fill out and sign a form for the claim to be created.
If the parcel is declared as “Lost” by the courier, Manduka will subsequently offer either a replacement or a full refund within five (5) Business Days, including shipping cost the Customer paid.
Please note that in the case that the Customer has given instructions to the courier, allowing a drop-off of the parcel without a required signature nor for a physical person to be present, the liability lies with the Customer.
ARTICLE 10 – RIGHT TO WITHDRAWAL AND REFUND
- AMENDING ORDERS
Manduka is unable to amend orders once confirmed. Due to this automatic ordering system, completed orders are directed to the warehouse for processing immediately and therefore cannot be changed.
- CANCELLING ORDERS
Orders that are confirmed on the Website are automatically sent to our warehouse to be processed. If the customer wishes to cancel the order after confirmation, please reach out to Manduka immediately. The Customer has the right to cancel the order without a reason and without costs prior to the shipment of the order.
After cancellation of the order, the Customer will receive a confirmation of the cancellation by email and Manduka will refund the amounts already paid on the original method of payment used by the Customer to pay for the order.
After receipt of a Shipping Confirmation, in accordance with Article 8.1., the Customer can no longer cancel the order.
In the case that it is not possible for the Customer to cancel the order on time, then the Customer has the right to refuse delivery. When Manduka receives the parcel in return Manduka will refund the full amount already paid on the original method of payment used to pay for the order.
When the parcel is accepted by the Customer, the Customer can return the Product(s) following the procedure as set out in Article 10.3. Please note that all postage and handling charges are the responsibility of the customer; Manduka does not offer free returns.
Manduka reserves the right to cancel orders if a Product is unavailable due to a stock discrepancy at the moment of purchase or if a discount code was applied inappropriately. If this occurs, Manduka will reach out to the Customer in Writing.
The Customer has a legal right to withdraw the Agreement within thirty (30) days. This means that the Customer can decide, during the relevant period, to not keep the Products. The Customer must notify Manduka of its decision to withdraw. Manduka will provide the customer with the necessary return instructions. The Customer does not have to provide a reason for withdrawal. All costs for the returning of the Products will be paid by the Customer.
The starting point of the term to exercise the right to withdrawal may vary. The following rules apply:
- In case the delivery is a single Product, the term will start the day after receipt of the Product by the Customer;
- In case the delivery is for multiple Products which are delivered on separate days, the term will start the day after the Customer has received the last of the separate Products ordered;
- In case the delivery is for a Product over a set period, the term will start the day following the day on which the Customer has received the first delivery of the Products
The Customer may only return if the Product(s):
- Have not been used, altered or damaged in any way;
- Are unwashed, unworn and clean;
- Are complete, and;
- Have their original labels and packaging
Items that fail inspection will not be eligible for a refund.
A €10 Restocking Fee may be applied to any items returned outside of the thirty (30) day return window or to any merchandise that is out of its original packaging.
- Creases/Folds from improper handling and/or storing- it is best to lay the mat flat or keep it rolled up
- Damage from excessive amounts of water or other liquids
- Improper cleaning (i.e., harsh chemicals, damage from a washing machine)
- Damage from use other than yoga or similar fitness activities
- Uneven color patterns or discoloration due to use
- Damage from outside elements/factors that puncture or deface the mat
The Customer must return the Products to Manduka without undue delay and in any event not later than fourteen (14) days after sending the notification of withdrawal to Manduka.
If the Customer is in one of the below countries, the customer can request a return label via email by contacting Manduka. Please print the return label and drop off the parcel at the closest DPD drop-off point. Manduka does not schedule pick-ups.
Manduka can currently offer return labels for a flat rate of €5,99 to the following countries listed below:
Austria, Belgium, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Hungary, Latvia, Lithuania, Luxembourg, Ireland, Monaco, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden
If the Customer’s country is not listed, Manduka is unable to supply a subsidized return label in that country and Manduka asks the customer to organize the return shipping themselves to the given return address. The tracking number should be kept for proof of shipment. Manduka will not be held liable for packages lost or damaged in transit.
VdH Logistics - Manduka Returns
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Manduka accepts returns from countries outside of the EU, however, the Customer is fully responsible for checking all applicable duties and taxes. If Manduka is requested to pay for additional taxes upon arrival of the Customer’s returned merchandise, Manduka will deduct this from the amount to be refunded.
Non-EU returns need to include the value and description of the goods returned for customs purposes. Manduka suggests that the Customer attaches Manduka’s RMA document from the return instructions on the outside of the parcel, either in a document pouch or clearly visible, so customs can determine the value and release the parcel to be delivered to the warehouse.
Manduka asks the customer to organize the return shipping themselves to the given return address. The tracking number should be kept for proof of shipment.
VdH Logistics - Manduka Returns
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If the Customer’s return passes inspection the Customer will receive a confirmation email, typically within three (3) business days from the time Manduka has received the returned goods in the warehouse. If the returned items do not pass inspection, a customer service team member will be in touch.
Refunds will be processed within five (5) days after the confirmation email is sent and will be made by using the same form of payment as used to pay for the Product.
Please note Manduka does not cover the cost of return shipping. Manduka will, however, refund the initial shipping costs if the Customer returns the complete order.
If the Customer has received a return label from Manduka, then once Manduka has received and processed the return, the amount for the return labels will be deducted from the refund automatically.
Manduka does not provide direct exchanges. Manduka asks the Customer to return the order within thirty (30) days and Manduka will refund the Customer for their original purchase so that the Customer can place a new order on eu.manduka.com at their own convenience. For more refund information please refer to Article 11.3.
ARTICLE 11 – WARRANTY
The Customer has the right to a legal warranty of two (2) years. The legal warranty covers every manufacturing defect of the Products that manifests itself within the period of two (2) years from the date of delivery of the Products.
The Customer must inform Manduka of the defective Product(s) within a reasonable period after the manufacturing defect becomes known or could have reasonably become known to the Customer via the Customer Product Claim Form. Signs of wear and tear due to use and care of the Products do not fall under manufacturing defect qualifications even if this occurs within the legal warranty of two (2) years.
ARTICLE 12 – COMPLAINT PROCEDURE
In case the Customer has any complaints, the Customer can contact Manduka.
If the Customer should experience an issue with Product(s) then a claim can be made via the Customer Product Claim Form. Please note, if Product(s) was purchased from a retailer other than eu.manduka.com, please address the concern to the point of retail where the purchase was made.
The Customer can also submit a complaint to the Online Dispute Resolution platform provided by the European Union, http://ec.europa.eu/odr.
ARTICLE 13 – USE OF PERSONAL DATA
ARTICLE 14 – FORCE MAJEURE
Manduka is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is due to a situation of force majeure.
In case of a situation of Force Majeure:
- Manduka shall inform the Customer thereof, and;
- Manduka’s obligations under the Agreement will be suspended and the time for the performance of the obligations will be extended for the duration of the situation of Force Majeure. Where the situation of Force Majeure affects the delivery of the Products, Manduka will arrange a new delivery date with the Customer after the situation of Force Majeure is over.
In case the Customer opts to cancel the Agreement, the Customer has to return the Products already received, in accordance with the procedure set out in Article 10.3.
ARTICLE 15 – GOVERNING LAW
These general terms and conditions are governed by the laws of Belgium. This means the Agreements for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Belgian law.
ARTICLE 16 – MISCELLANEAOUS
Manduka may amend these Terms from time to time. The Terms in force at the time of the order of the Products will apply to the Agreement between the Customer and Manduka.
Without prejudice to any of the rights and remedies granted to the Customer by the applicable law or these general terms and conditions, our liability for direct damages will be limited to the value of the ordered Products.
The nullity of any provision or part of a provision under the Agreement will in no way affect the validity of the remaining portion of the provision or the rest of the provisions and clauses.
ARTICLE 17 – PURCHASING AS A BUSINESS CUSTOMER
The Manduka Wholesale Program (“Wholesale Program”) is designed for Business Customers such as retailers and studios who intend to resell Manduka Product at their point of retail.
Business Customers (“Business Customer”) that purchase Product from Manduka’s Website are bound by these Terms.
- VAT REQUIREMENTS
A valid business VAT number is required at all times for Business Customers within the EU. The company’s name and billing address must correspond with the VAT number details provided to Manduka. The Business Customer must notify Manduka with any changes or updates of its business details.
- RESELLING SCOPE
The Business Customer can only resell within the EMEA region, Manduka does not allow reselling outside of this region unless otherwise agreed in Writing. Manduka reserves the right to deactivate any Business Customer reselling outside of this region without permission.
- 3RD PARTY MARKETPLACE RESELLING
Business Customers are only approved for the originally specified sales channel. Business Customers who are selling on 3rd party platforms without permission from Manduka will be removed from the Wholesale Program.
- DROP-SHIPPING AND CROSS-DOCKING
Business Customers are not allowed to use eu.manduka.com to drop-ship directly to their customers – Manduka will only ship to the Business Customer’s business address. Manduka reserves the right to cancel any orders that Manduka believes are being ordered to drop-ship directly to the customer.
Business Customers are not allowed to use eu.manduka.com to cross-dock Product. The Wholesale Program is for wholesalers to purchase inventory and sell from inventory the wholesaler hold. The program is not intended for wholesalers to sell directly from Manduka’s inventory. Manduka reserves the right to cancel orders that we believe are not being ordered for inventory intentions.
- WHOLESALE SHIPPING
EU WHOLESALE ACCOUNTS
Orders are shipped from Manduka’s warehouse in Belgium.
Business Customers within the EU qualify for free shipping on orders that exceed six hundred and fifty (650) euros. Orders under that threshold are subject to our DPD shipping rates.
Manduka will only ship to the country that the Business Customer’s VAT number is registered to.
NON-EU WHOLESALE ACCOUNTS
Confirmed Orders are shipped from our warehouse in Belgium on quote via the chosen delivery service provider or pick-up can be arranged by the preferred freight forwarder of the Business Customer.
When the order is placed by the Business Customer, Manduka will request a shipping quote to confirm with the Business Customer before dispatch based on the agreed Incoterms. When confirmed by the Business Customer the full payment is required to dispatch the order, unless otherwise agreed.
- BUSINESS CUSTOMER RETURN & EXCHANGE POLICY
Manduka does not accept returns and exchanges on wholesale orders. As a Business Customer, purchases do not benefit from the same statutory protection available to consumers under the Sale of Goods Act 1979 and other related consumer legislation. By default, returns and exchanges are not possible.
Business Customers will handle all exchanges and returns directly with their customers. It is the sole discretion of the dealer as to whether the Business Customer will allow exchanges or returns on non-defective Products for their customers.
- BUSINESS CUSTOMER PRODUCT CLAIM
If the Business Customer experiences an issue with defective Product, a claim can be made via the Wholesale Product Claim Form. If a claim is approved, Manduka will provide the Business Customer with a credit memo. Manduka does not offer replacements or exchanges.
Effective Date: April 15, 2021