TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of MAKRA PRO with its own brand REEKOV (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. CONCLUSION OF CONTRACT
2. CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail, post or online contact form.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to Amazon. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
4. PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the "PayPal direct debit" payment method is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5. DELIVERY AND SHIPPING TERMS
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
- by email
6. RESERVATION OF TITLE
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. LIABILITY FOR DEFECTS (GUARANTEE)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8. SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CERTAIN SPECIFICATIONS OF THE CUSTOMER
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the seller - and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer shall indemnify the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9. REDEMPTION OF PROMOTIONAL VOUCHERS
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
9.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10. REDEMPTION OF GIFT CERTIFICATES
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase additional Gift Vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
10.7 The balance of a gift voucher will not be paid out in cash or interest.
10.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11. GOVERNING LAW
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies 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.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. ALTERNATIVE DISPUTE RESOLUTION
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.