The Secrets for Motivating, Educating, and Lifting the Spirit of African American Males
Language: English
Published by iUniverse, 2011
- Softcover
- New
Condition: New
£ 26.47
Quantity: Over 20 available
Add to basketItem description from seller
Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnUnlike the media would have you believe, most black males find great value in education. They want to believe that they have a special gift and that they can make a difference in the world. The problem is that they have ill feelin.
Seller Inventory # 447832180
- Title
- The Secrets for Motivating, Educating, and Lifting the Spirit of African American Males
- Author
- Johnson Ph. D., Ernest H.|Champions
- Publisher
- iUniverse
- Publication year
- 2011
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1462046428
- ISBN 13
- 9781462046423
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
The Secrets for Motivating, Educating, and Lifting the Spirit of African American Males
By Ernest H. JohnsoniUniverse, Inc.
Copyright © 2012 Ernest H. Johnson, Ph.D. and the Champions for Peace Mastermind InstituteAll right reserved.
ISBN: 978-1-4620-4642-3
Contents
Preface.........................................................................................................................................................................................................xiEditor's Introduction: Answering the Call for Help..............................................................................................................................................................xviiChapter 1: Why Focus on Black Males? Mychal Wynn...............................................................................................................................................................1Chapter 2: Closing The Widest and Whitest Gaps: White Female Teachers and Black Males Ernest H. Johnson, Stephon Hall, and Stephen Hall........................................................................22Chapter 3: Transformational Teaching: Practices for Ensuring That No Black Boys are Left Behind Tavares Stephens and William Green.............................................................................46Chapter 4: Using Character and Culture to Close the Achievement Gap: A Special Message for Beginning Teachers Chike Akua.......................................................................................69Chapter 5: Honoring the Culture of African American Males Through Storytelling Obakunle Akinlana and Madafo Lyold Williams.....................................................................................98Chapter 6: Addicted to Success: The Secrets for Turning Academic Excellence Into a Habit Ernest H. Johnson.....................................................................................................126Chapter 7: Early Exposure to Reading and Positive Male Role Models Pryce Baldwin, Jr...........................................................................................................................164Chapter 8: Using Poetry and Spoken-word to Motivate Black Males Jerold M. Bryant and Phillip "Professor Pitt" Colas............................................................................................193Chapter 9: Why Is It Important to Cultivate an Interest in Creativity In Black Males? Anthony Goldston and Vandorn Hinnant.....................................................................................225Chapter 10: The Impact of Mentoring and Critical Thinking Skills on Achievement Tavares Stephens...............................................................................................................250Chapter 11: Why We Must Encourage African American Males to Become Financially Literate Entrepreneurs Winston Sharpe and The Champions for Peace Mastermind Institute..........................................273Chapter 12: Holla If You Hear Me: Giving Voice to Black Male Youth Through Hip hop Danya Perry, Mervin "Spectac" Jenkins, Patrick "9th Wonder" Douthit, and Chris "Dasan Ahanu" Massenburg.....................302Chapter 13: Breaking Through the Barriers to Excellence Kenston Griffin and Christopher Land...................................................................................................................326Chapter 14: What Society Gains by Ignoring the Sexual Development Of Black Boys Morris Gary III................................................................................................................357Chapter 15: The Role of Resiliency in Achieving Against the Odds Winston Sharpe................................................................................................................................381Epilogue: The Covenant For Motivating and Educating African American Males The Champions for Peace Mastermind Institute........................................................................................407The Contributors................................................................................................................................................................................................421Notes...........................................................................................................................................................................................................431
Chapter One
Why Focus on Black Males? By Mychal WynnEvery 5 seconds during the school day, a Black public school student is suspended. Every 46 seconds during the school day, a Black high school student drops out. Every minute, a Black child is arrested and a Black baby is born to an unmarried mother. Every 3 minutes, a Black child is born into poverty. Every hour, a Black baby dies. Every 4 hours, a Black child or youth under 20 dies from an accident, and every 5 hours, a Black youth is a homicide victim. Every day, a Black young person under 25 dies from HIV infection and a Black child or youth under 20 commits suicide. Marian Wright Edelman, The Children's Defense Fund
African-American Males—Black Males While the title of this book reflects the culturally appropriate term, "African-American" referring to Americans of African descent, the terminology, `Black' will also be used throughout the text. Whether Black American, Black Caribbean, Black Bermudian, Black Canadian, or Black African, the issues confronting Black males, and their parents, wherever they live, are very similar across cultural and socioeconomic lines. These boys, young men, and men who share a cultural frame of reference, are adversely influenced by peer pressures, frequently struggle in classrooms, are the students most likely to be disciplined, and are likely to matriculate through an educational system which fails to affirm their cultural contributions or connect them to their historical past.
My mother, bless her soul, when told of my plans to visit Africa, asked, "Son, why are you going to Africa?" When I told her, "Mama, Nina and I are going on a tour of Egypt and Ghana to trace our roots," she responded, "Boy, you ain't from Africa; you were born in Alabama!" However, when I saw firsthand the statues and artifacts in the Egyptian Museum in Cairo, Egypt; when I went into the pyramids, temples, and tombs in Giza and Luxor; when I journeyed along the Nile to a Nubian village; when I witnessed the monuments and statues in Abu Simbel; and when I flew by airplane across the Sahara, landing in Accra, Ghana and witnessed at the airport the thousands of Black people who looked like the Black people pictured on the walls and chiseled in stone throughout Egypt, I knew, despite thousands of miles and hundreds of years of physical and cultural separation, the Ghanaians, the Nubians, and those portrayed in the temples and tombs of Egypt were "Black like me" and I was in fact home.
African Black males, Bermudian Black males, Canadian Black males, Caribbean Black males, and Black males from Alabama face similar challenges in education, maturation, college matriculation, and, in gaining full access through the glass ceilings into the ivory towers of business in their respective countries, states, islands, and communities. Subsequently, the strategies set forth in this book, are pertinent to the raising, teaching, nurturing, and empowering of `Black' males whether they live in the United States, Canada, Bermuda, Africa, or on one of the many islands in the Caribbean.
Addressing the Black male crisis requires first, raising the question, "What's the problem?" If there is in fact a problem, we must then raise the question, "What do we want to do about it?" In the original version of my book, Empowering African-American Males to Succeed: A Ten-Step Approach for Parents and Teachers, I cited the 1990 U.S. Census Bureau statistics that showed:
African-American males have higher unemployment rates, lower labor force participation rates, lower high school graduation and college enrollment rates, while ranking first in incarceration and homicide. The leading cause of death for African-American men between the ages of 15 and 24 is homicide, and while representing only 6 percent of the population, African-American men represent 49 percent of prison inmates. Only 4 percent of African-American males attend college, while 23 percent of those of college age are either incarcerated or on probation. While African-American children nationwide comprise approximately 17 percent of all children in public schools, they represent 41 percent of all children in special education. Of the African-American children in special education, 85 percent are African-American males. African-American males, while comprising only 8 percent of public school students, represent the largest percentage, nationally, in suspensions (37 percent).
The tragic reality concerning the plight of Black males in the decade between the 1990 and 2010 census shows that little has changed. In many categories, the 2010 census shows a worsening of the Black male condition. Despite the many task forces, state accountability standards, high school exit exams, increased NCAA student-athlete eligibility requirements, and the No Child Left Behind legislation, Black males continue to be among the students most likely to be referred to the office, suspended from school, sent to an alternative school, placed into special education, drop out of school, incarcerated in a state or federal prison, or be the victim of a homicide. Moreover, Black males are punished more severely for the same infractions as their white peers. On average, more than twice as many white male students are given the extra resources of gifted and talented programs by their schools as Black male students. Advanced Placement classes enroll only token numbers of Black male students, despite The College Board urging that schools open these classes to all who may benefit. In schools districts with selective academic classes and programs, whether they be elementary school gifted and talented programs, middle school advanced mathandscienceclasses,orhighschoolswithcollege-preparatoryprograms or honors and AP classes, Black male are noticeably and disproportionately absent from such programs and classes.
Black males suffer from a cultural disconnect in schools and classrooms. As evidenced by data contained in the National Center for Education Statistics' report, Educational Achievement and Black-White Inequality, there is no doubt there is a problem and something needs to be done about it.
Discipline, Special Education, and Jail
• Black students, while representing only 17 percent of public school students, account for 32 percent of suspensions and 30 percent of expulsions. In 1999, 35 percent of all Black students in grades 7-12 had been suspended or expelled from school. The rate was 20 percent for Hispanics and 15 percent for Whites. • Black children are labeled "mentally retarded" nearly 300 percent more than White children and only 8.4 percent of Black males are identified and enrolled in gifted and talented classes. • Black males in their early 30s are twice as likely to have prison records (22 percent) than bachelor's degrees (12 percent) and 700 percent more likely than a White male to be sentenced to a local, state, or federal prison. • A Black male born in today has a 29 percent chance of spending time in prison at some point in his life. The figure for Hispanic males is 16 percent, and for White males is 4 percent. • Black males are imprisoned at a rate of 3,405 per 100,000 (3.4 percent); Hispanics at a rate of 1,231 per 100,000 (1.2 percent); and Whites at a rate of 465 per 100,000 (.465 percent).
Freeman Hrabowski, in Beating the Odds: Raising Academically Successful African American Males, notes:
"By junior high school, many are working below grade level or barely passing; consequently, they see school as a place where they fail. The environment becomes even more frustrating because of problems between these students, their peers, and teachers and administrators—problems often related to behavior ... We see that Black students are more often tracked into lower-ability groups involving general education and vocational education and, in contrast, very few Black students are placed in gifted classes. In fact, White children are twice as likely to be placed in these classes as Black children. We also know that males, in general, are more likely than females to be overrepresented in the educable mentally retarded and learning-disabled children and underrepresented in gifted and talented programs. Blacks, Hispanics, and Native Americans are underrepresented in as many as 70 percent of the gifted programs in the nation, and overrepresented in almost half of all special education programs."
High School Performance, Enrollment, and Graduation
• 13 percent of Blacks ages 16-24 have not earned a high school credential. The rate for Whites is 7 percent. • 17.5 percent of Black students, 13.2 percent of Hispanic students, and 9.3 percent of White students in grades K-12 have been retained at least one grade. • 70 percent of Black students will not take advanced math. • 73 percent of Black students will not take advanced English. • 88 percent of Black students will not take science classes as high as chemistry and physics. • 95 percent of Black students will not take a fourth year of a foreign language. • 98 percent of Black students will not take an AP foreign language course. • 97 percent of Black students taking the ACT will not be considered "College Ready." • Black students take AP exams at a rate of 53 per 1,000 students. The rate for Hispanic students is 115 per 1,000 and for Whites it is 185 per 1,000. • The average SAT scores for Black students is 433V and 426M; for Whites it is over 22 percent higher at 529V and 531M. • The average ACT score for Black students is 16.9; for Whites it is nearly 30 percent higher at 21.8.
Unemployment
• The unemployment rate for Blacks ages 16-19 is 25 percent. • The unemployment rate for Blacks without a high school credential is 30 percent, 19 percent with high school but no college, 10 percent with some college but no degree, and 6 percent with a bachelor's degree.
Black men, on average, are two and one-times as likely to be unemployed as whites and Black men earn substantially lower incomes even if they have reached the middle class. If the primary means for male identity in our society is, the "job" you have and the "work" that you do, then the inability of Black males to gain meaningful employment, a decent education, and a good income means that they are nothing; "invisible" men as the Black writer Ralph Ellison put it. Ultimately, the lack of meaningful employment results in a "downward spiral" ending with a loss of self-respect, intense and often overwhelming feelings of hopefulness, anger and fear, and further interpersonal and economic problems for Black men and their families. While these statistics may be alarming for the general population, they have left barely any Black family untouched and place all Black males at risk.
Societal perceptions, law enforcement interactions, and peer pressures of friends, relatives, and friends of friends who are either undereducated, unemployed, in gangs, involved in criminal activity, or on parole have an immediate and far-reaching impact on the lives of current and future generations of Black males. The issue for the Black community—indeed, for America—is much more than merely closing an achievement gap; it is ensuring that future generations of Black men have jobs, function as fathers, and contribute to the health and economic well-being of their local and national community.
Opening the Kindergarten to College Pathway for Black Males
The examination of various data sources suggests that for every 100 Black males only 3 are projected to graduate from college. More generous data sources may increase this number to 5, yet even combining the most optimistic data sources (i.e., high school graduation rate, college enrollment rates, and college graduation rates) cannot project this number to be higher than 7. Due to the enormity of the social-cultural factors contributing to such a tragically abysmal college graduation rate (i.e., gangs, drugs, urban crime, lack of school readiness, lack of at-home support, lack of highly-qualified teachers in urban schools, high unemployment rates, and the likelihood of being raised in a single-parent female-headed household) most community, institutional, and even family discussions are held within a philosophical context rather than a strategic one. Such discussions, which typically begin with statements such as, "I believe...." "If there were more ...," "The only thing that we have to do ..." and "Until we have more ... we cannot change things." Since such discussions are unlikely to lead to systemic or sustainable strategies, the resulting outcome is invariably to purchase a "Researched-based Student Achievement Program." However, despite all of the programs that have been developed, researched, and sold to parents, schools, and school districts to increase Black male achievement, none can lay claim to have done so.
In an article that focused on cultural proficiency by Patricia Guerra and Sarah Nelson, the authors indicate that one of the most troubling aspects of preparing students for college is that educators may not be aware of how their personal beliefs are depriving students and their families of their right to decide whether to pursue going to college. They go on to make the case that educators often have little knowledge of students' abilities, aspirations, or interests and that what often happens is that educators will assume that since a child is Black and not from a wealthy family, then college is not for them. This following advice is based on the questions Gurra and Nelson present in their article and the answers should help you as a parent (or teacher or school counselor) to determine whether the decision about going to college is being made for Black males and their families rather than by them.
Consider the answers to the following questions to determine whether the schools Black males are attending is helping them make college a possibility or an unsupported fantasy:
• Which students are placed in honors and advanced placement classes that offer a rigorous and challenging curriculum, and which are steered into remedial courses? • Which students are advised to take higher-level science and math courses, and which are tracked into vocational education? • Who are the students advised to take at least two years of a foreign language, and which are assumed to not need these courses? • Which students are advised to join band, cheerleading, student council, and other extracurricular activities to demonstrate well-roundedness, and which are not? • Which parents are invited to attend college night and made to feel welcome, and which do not receive the information or feel marginalized at the event? • Which students are urged to make college visits, and which are not? • Which students take college admissions exams such as the ACT or SAT, and which do not? • Which students are advised to apply to a four-year university, and which to the local community college? • Which students are encouraged to apply at prestigious institutions, and which are discouraged from doing so? • Which students are given applications for academic scholarships, and which are informed only of student loans? • Which students are supported in their pursuit of college admissions with encouragement, advice, and information? Which students are told, "You're not college material," "You don't have what it takes to make it in a four year college, so consider the community college," or "With your family's lack of financial resources, perhaps you should go to work and think about college at a later time"?
If the answer to the first question in each set does not include Black males, then it is highly likely that the decision about higher education is being made for Black males (and their families) rather than by Black males. While obtaining a college education might not be the best option for every Black male, a college degree can have a significant impact on the quality of life of a Black male, and all Black males (and their parents) should have the right to make this decision rather than to have it made for them.
(Continues...)
Excerpted from The Secrets for Motivating, Educating, and Lifting the Spirit of African American Malesby Ernest H. Johnson Copyright © 2012 by Ernest H. Johnson, Ph.D. and the Champions for Peace Mastermind Institute. Excerpted by permission of iUniverse, Inc.. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 16 to 45 business days | 16 to 45 business days |
|---|---|---|
| First item | £ 40.90 | £ 40.90 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
About Us
Legal website operator identification:
Moluna GmbH
Represented by the general manager Helge Blischke
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
Telefax: 02571/5698930
E-Mail: abe@moluna.de
VAT No.: DE296281834
listed in the commercial register of the local court Steinfurt
Commercial register number - Part B of the commercial register - 10553
We are a member of the initiative „FairCommerce“ since 24.07.2015.
For more information, see: www.haendlerbund.de/faircommerce.
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
-
Name of the consumer(s)
-
Address of the consumer(s)
-
Signature of the consumer(s) (only in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 275
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
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.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the 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 moluna, Greven, Germany, without undue delay and in any event not later than 14 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 14 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.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Privacy and security
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022