§ 1 Scope, customer information
These General Terms and Conditions shall apply to all orders the consumer places via the online shop MAAB, Claudia Bayer. (Sec. 17 German Civil Code)
The consumer is any individual person who enters into a legal transaction for this purpose, is a commercial enterprise or has a commercial occupation or is self-employed.
§ 2 Conclusion of contract
§ 2.1 The product presentation in the online shop encourages people to make a purchase. By clicking the order button [Purchase], you make a binding offer to purchase. The sale of products is only for private use in small quantities. You may place a binding order by telephone or fax.
§ 2.2 We will accept your order by sending a separate order confirmation by email or by delivering the merchandise within five days. The confirmation of the order receipt is effected automatically by email directly after sending the order and does not represent an acceptance of contract. The order confirmation sent immediately by email and/or fax at the same time is a declaration of the acceptance of your offer, and the contract of purchase therefore is concluded. In the case of an order by telephone, a contract of purchase materialises if we accept your offer immediately. If the offer is not accepted immediately, you will no longer be committed to it.
§ 2.3 Should our order confirmation contain spelling or printing mistakes or should our pricing be based on technical transmission errors, we shall be authorised to void the order, in that we must prove our error to you. Previously effected payments will be reimbursed immediately.
§ 3 Prices
The prices quoted on the product pages include statutory VAT and other price components and shall include shipping costs.
§ 4 Shipping costs
§ 4.1 The shipping costs will again be explained in detail on the product pages, in the shopping card system and on the order page.
§ 4.2 The costs for shipments are country-specific and indicated in the separate shipping cost table.
§ 5 Terms and conditions of delivery and reservation of self-supply
§ 5.1 Delivery shall be carried out by DHL or a DHL-commissioned partner company.
§ 5.2 Except when otherwise specified, the time of delivery is approximately 1-4 days (within Germany).
§ 5.3 If not all of the ordered products are available, we shall be authorised to carry out partial deliveries at our expense, provided they seem reasonable to you.
§ 5.4 Should the attempt to deliver the merchandise fail three times because of your fault, we may withdraw from the contract. Any payments already received will be reimbursed immediately.
§ 5.5 If the ordered product is not available because we are not supplied with it by our own supplier, but we may withdraw from the contract. In this case, you will be notified immediately and, where appropriate, we may propose a similar product to you. If no comparable product is available or if you do not request delivery office similar product, we shall immediately reimburse you for any rendered counter performance.
§ 6 Conditions of payment
§ 6.1 Payment may be made by either advance payment, klarna, credit card or PayPal.
§ 6. 2 In the case of selecting payment in advance, we shall provide you with our bank information in the order confirmation. The invoiced amount is payable by transfer to our account within seven days. In the case of a credit card payment, your account will be debited automatically upon shipment of the merchandise.
§ 6.3 Purchase by gyro pay: You will be linked directly to your online banking system.
§ 6.4 Should the customer be in default of payment for any purchase from us, all existing claims shall become due immediately.
§ 6.5 You will be entitled to the right of setoff only if your counterclaims are asserted by an action in court, are undisputed or recognised in writing by us or if we are insolvent. Consumers also have the option to off-set counterclaims that are legally related to the consumers liability. Beyond that, a right of off-setting shall be excluded. In addition, you have the right of retention only if your counterclaim is based on the same contractual relationship.
§ 6.6 You may only exercise the right of retention if the claims arise from the same contractual relationship.
§ 7 Reservation of title
In respect to consumers, we reserve the right of ownership to the purchased item until the invoice amount has been paid in full. If you are a company, exercising your commercial or self-employed activity, a legal entity under public law or a special trust under public law, we shall retain the ownership of the purchased item until all outstanding claims arising from the business connection have been settled. Corresponding interests are transferable to third parties. Extraordinary disposals, such as pledging or provision of a security, are forbidden. In the case of processing, combining or connecting conditional goods with other materials, we shall acquire a joint ownership of the products resulting herefrom, which shall be in proportion to the value of the conditional goods of the other materials. In the case of pledging the conditional goods, you shall notify us immediately and support us in securing our rights and reimburse us all costs arising from here, in particular, costs in connection with opposition proceedings.
§ 8 Customer information: Correction notice
You may correct your information at any time by hitting the delete key prior to submitting the order. We shall notify you through the order process, regarding additional correction options. The order process may also be completely terminated at any time by closing the browser window.
§ 9 Customer information: Storing your order data
We will store your our order and details regarding the concluded contract (e.g., type of product, price, etc.). We will send you the General Terms and Conditions, but upon conclusion of contracts you can access the general contact conditions at any time via our website.
As a registered customer you may access previous orders via the customer login section (My Customer Account).
§ 10 Statutory warranty rights
Statutory warranty rights exist for our products.
§ 11 Voluntary money back guarantee
In addition to the statutory recall right, we grant a voluntary 30-day money back guarantee upon receipt of the merchandise. Upon expiry of the 14-day cancellation period, you may withdraw from the contract provided you return the merchandise to us within 30 days upon its receipt, the merchandise is complete and in its original packaging and in an unused and undamaged condition.
Timely shipping will suffice as compliance with the time limit.
The contractually grant involuntary money back guarantee shall not affect your statutory rights and claims. This shall not affect your statutory right of revocation and your statutory warranty rights.
§ 12 Damaged during shipping
§ 12.1 If the merchandise is supplied with obvious damage caused by shipping, please report such defects immediately to the delivery agent, and contact us as soon as possible.
§ 12.2 Failure to report any damage or contacting the delivery agent or us will have no consequences for your statutory warranty rights. But they do help us to assert our own claims against the carrier and/or the transport insurer.
§ 13 Warranty
The warranty is subject to the legal provisions.
§ 14 Liability
We shall exclude our liability for regular negligence, provided it does not relate to major contractual duties, loss due to damage from injury to life body, health or guarantees or claims under the product liability law. The same apply to breaches of duty on the part of our vicarious agents.
§ 15 Concluding provisions
§ 15.1 If any provision of these General Terms and Conditions is invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by relevant statutory provisions.
§ 15.2 The Contract is subject to German law, with the exception of the provisions of international private law and the UN Sales Convention.