General Terms and Conditions (GTC)
General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the web shop between makarigermany.de hereinafter referred to as the "Supplier" - and the customer - hereinafter referred to as the "Customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Conflicting terms and conditions of the customer shall expressly not apply unless the supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) All offers in the provider's web shop are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's order, the customer will first receive a confirmation of the order placed with the provider, usually by e-mail (order confirmation). This does not yet constitute acceptance of the order. After receipt of his order, the supplier will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. The ordering process in the provider's web-shop works as follows:
(2) The customer can select products from the provider's range and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking on the button "Send order", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thereby included them in his application.
(3) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract are the goods and services specified by the customer in the order and / or order confirmation at the final prices stated in the web shop. Errors and omissions are excepted, especially with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the web shop. Images on the website may only represent the products inaccurately; colours in particular may vary considerably for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent any defects in the products supplied by the supplier.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently not available, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Delivery, prices, shipping costs
(1) Delivery (delivery to the shipping company) shall take place immediately after receipt of the money (in the case of payment by bank transfer), otherwise immediately after dispatch of the order confirmation.
(2) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(3) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer. From a goods order value of EUR 50.00, the Supplier shall deliver to the Customer free of shipping costs.
(4) The goods shall be dispatched by post. If the customer wishes insured shipping, he must include this in his application by selecting the appropriate shipping method. The additional costs incurred as a result are specified in the order form and shall be borne by the customer.
6 Payment modalities, set-off and right of retention
(1) The customer may make payment by direct debit, credit card or cash on delivery.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay interest on arrears to the supplier in the amount of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by arrears by the supplier.
(4) The customer may only offset counterclaims that have been determined by a court, are undisputed or have been recognised in writing by the supplier. The customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.
(3) Material contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
(4) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Right of withdrawal of the consumer
(1) If the customer is a consumer and has concluded a contract with the provider using exclusively means of distance communication, in particular by telephone, e-mail or fax, or via the provider's website, the customer has the right of withdrawal described below.
(2) The customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 100 euros or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Exceptionally, there is no right of revocation
if the customer has acquired the products purchased from the supplier for the purpose of his commercial or independent professional activity (in this case the customer is not a consumer),
in the case of products that have been individually manufactured for the customer according to the customer's specifications or clearly tailored to the customer's personal requirements (custom-made products),
for quickly perishable products and for products whose expiry date has passed,
for products that are considered "hygiene articles". This includes in particular wigs, hair cosmetics, scissors, hair clippers, combs, hair dryers as well as curling and straightening irons and all articles that come into contact with skin, hair or teeth, provided they have already been used or the original packaging has been opened;
for the delivery of consumer goods, provided they have already been used or opened;
in the case of sealed data carriers with audio and video recordings or with software, if the data carrier has been unsealed by the customer,
in newspapers, magazines and journals.
- Cancellation policy -
You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our duties to provide information pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our duties pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:
Consequences of revocation In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the goods received in full or in part, or only in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the value of the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt.
- End of the cancellation policy -
§ 10 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, it shall observe the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of tele-services.
(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market or opinion research.
(3) The customer has the possibility at any time to call up the data stored by him/her under the button "My data" in his/her profile, to change or delete this. In all other respects, reference is made with regard to the customer's consent and further information on data collection, processing and use to the data protection declaration, which can be called up in printable form on the provider's website at any time via the "Data Protection" button. 11 Final Provisions (1) Contracts between the Provider and the Customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider. (3) The contract shall remain binding in its remaining parts even if individual points are legally invalid.