General terms and conditions and warranty conditions
General Terms and Conditions
1. Scope of application
The following GTC apply to all orders placed via our online store by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with macle GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. We accept your offer within two days by issuing a declaration of acceptance in a separate e-mail or, if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see The relevant alternative for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. Delivery conditions
Shipping costs may apply in addition to the stated product prices. More detailed terms and conditions Please refer to the offers for the shipping costs incurred.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
5. Payment
The following payment methods are available in our store:
PrepaymentIf you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card You enter your credit card details during the ordering process.
Your card will be charged immediately after placing the order.
PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l., you must enter your
credit card details.
et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction.The payment transaction is carried out by PayPal immediately after the order is placed. Further information can be found in the order process.
Invoice The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to enforce our own claims against the carrier or of the transport insurance.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise, the statutory liability for defects shall apply.
The following limitations and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is opened.Limitations vis-à-vis entrepreneurs Only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk.
The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations for merchants The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to consumers We would like to inform you that we do not apply the limitation period for the sale of used goods to consumers. of the warranty rights to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
9.2 Warranties and customer service
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.
10. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11. Code of Conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
12. Dispute resolution
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods;
if you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office
.
GTC created with the Trusted Shops legal copywriter
