General terms and conditions
§ 1 Scope
- The following General Terms and Conditions (GTC) apply to the contracts concluded between you and Maschenfein GmbH, represented by the Managing Director Dr. Marisa Nöldeke, Maschenfein GmbH, Nostitzstr. 23, 10961 Berlin Phone +49 (30) 235 98 60 20, e-mail firstname.lastname@example.org (hereinafter also "Maschenfein") as well as the use of our website, including all content, unless otherwise expressly agreed by written agreement between you and Maschenfein. Deviating or conflicting terms and conditions will not be recognized by us unless we have expressly agreed to them. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
- By using www.maschenfein.com or placing an order, you agree to the terms and conditions stated herein. Please read the terms and conditions carefully before placing an order.
- You must be at least 18 years old if you want to use our offer.
- Our deliveries, services and offers are made exclusively on the basis of these GTC.
- We have the right to change, modify or amend these GTC at our sole discretion. In such a case, we will notify you either by posting the amended GTC on our site or by other communication. It is important that you read the GTC carefully after any change, modification or amendment. Insofar as you continue to use our services and have not objected to the new GTC in this respect, the changes, adjustments or additions to the GTC shall be deemed to be agreed. If you object to the new GTC, you may not continue to use our services. In the event of your objection, we shall be entitled to terminate the contract. Any other right of termination shall remain unaffected.
§ 2 Opening of a customer account
- We offer you the possibility to create a user account with us with user name and password. The use of the services advertised and offered at www.maschenfein.com does not necessarily require the creation of a customer account; our offer is therefore also possible without the creation of a user account. However, a customer account allows you to view your most recent orders, which makes it easier for you to place subsequent orders with us. In addition, you can create wish lists. To open a customer account, the customer must be registered. Natural persons must have reached the age of 18.
- To open a customer account, you must electronically fill out the registration form available on our website. For this purpose, you have to provide in particular your name, address and an e-mail address. The data required for registration must be provided by you completely and truthfully. With the registration you choose a personal user name and a password. The user name must not violate the rights of third parties or other name and trademark rights or morality. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances. The registration is free of charge.
- When opening the customer account, you must agree to the validity of these GTC. You can delete your customer account at any time under "My account". The opening of a customer account alone does not constitute any purchase obligation with regard to the goods offered by us.
- To the extent that your personal information changes, you are responsible for updating it yourself. All changes can be made online after registration under "My account".
§ 3 Conclusion of contract
- The presentation of the goods in our online store does not constitute a legally binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order (invitatio ad offerendum).
- By clicking the button "order subject to payment" in the last step of the ordering process, you make a binding offer (§ 145 BGB) to purchase the goods displayed in the order overview. After sending the order, you will receive an order confirmation, which, however, does not yet represent an acceptance of your contractual offer. A contract between you and us is only concluded as soon as we expressly accept your order by means of a separate e-mail or dispatch the goods to you - without prior express declaration of acceptance. The general terms and conditions will be sent to you again as part of the order confirmation on a durable medium (e-mail). Please check the SPAM folder of your e-mail inbox regularly.
- The contract shall be concluded in the German language.
- You can select goods for purchase for booking in our online store by placing them in a shopping cart by clicking on the appropriate button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting items in the shopping cart, please go to "Continue to checkout". Here you will be asked if you already have a customer account. You can then log in via your customer account and your order and address data stored in the customer account will open automatically. Otherwise you will be asked to enter all required order and address data. In a further step you can then select the payment method. In a final step, you will again be shown a summary of all the essential item details, including any costs incurred. Up to this point, you can correct your entries or refrain from declaring the contract. A binding offer in the sense of the aforementioned second paragraph is only made by subsequently pressing the button "Order subject to payment".
- If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, no contract is concluded. We will inform you of this immediately and refund any consideration already received without delay.
§ 4 Prices and shipping costs
- Unless otherwise agreed in writing, our prices are inclusive of the statutory value added tax and plus any shipping costs incurred.
- The applicable shipping costs are not displayed in the product description, but only after filling the shopping cart and when you are in the shopping cart. The shipping costs will then be clearly displayed again in the order overview before you click the button "order with obligation to pay".
- We deliver within Germany and to Belgium, Denmark, France, Italy, Luxembourg, Netherlands, Sweden, United Kingdom and Austria.
- For delivery within Germany, we charge EUR 4.90 (incl. VAT) per order ("flat shipping fee"). The flat shipping rate is the same for all orders, regardless of the size or weight of the package. If the value of the goods exceeds EUR 100.00, the delivery within Germany is free of charge for you. In the event that you add further goods to the shopping cart or delete them and the value of the goods falls below or exceeds EUR 100.00, you will be informed of the updated shipping costs by clicking on "Update shopping cart". We would like to point out that in the event of a partial revocation and the subsequent undercutting of the aforementioned minimum order value free of shipping costs in the amount of EUR 100.00, we shall be entitled to demand payment from you of the shipping costs now subsequently incurred in accordance with paragraph 3 sentence 1. For more details, please refer to the revocation consequences pursuant to § 11 para. 2 section 2 of our GTC.
- For delivery to all other countries listed above, we charge a flat shipping fee of EUR 16.90 per order (incl. VAT).
- There are no shipping costs for digital content (e-books, etc.).
- If you effectively revoke your contractual declaration in accordance with § 11, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (costs of delivery) (cf. § 11 Consequences of revocation).
§ 5 Terms of payment, set-off and right of retention
- You can make the payment by prepayment, PayPal Plus, credit card or SOFORT Überweisung:
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment pattern to PayPal.
If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or you must first register and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment pattern. You will receive further pattern during the ordering process.
If you have chosen the credit card payment method, in order to pay the invoice amount you do not need to be registered with PayPal. The payment transaction is carried out immediately after confirmation of the payment pattern and after your legitimation as a legal cardholder by your credit card company at the request of PayPal and your card is charged. You will receive further pattern during the order process.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment pattern you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment pattern, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further pattern during the order process.
SOFORT Bank transfer
With "SOFORT Überweisung" you can pay conveniently with your familiar online banking data. Please have your online banking data ready. After entering your online banking data including PIN you confirm your transfer via TAN. The transaction confirmation takes place in real time.
Please note that SOFORT transfers can only be executed in Euro.
For more information about instant bank transfer, please visit klarna.com or contact Klarna customer service.
- You can change the payment method stored in his user account at any time.
- The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, you must pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate.
- The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by delay by the provider.
- You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed.
- As a buyer, you may only exercise a right of retention if your counterclaim arises from the same contractual relationship.
§ 6 Terms of delivery and reservation of advance payment
- The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to paragraph 2 - with the conclusion of the contract.
- In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
- We deliver within Germany as well as to Belgium, Denmark, France, Italy, Luxembourg, Netherlands, Spain, United Kingdom and Austria. Unfortunately, we can not offer shipping to Switzerland. However, we already have many customers who use our partner "MeinEinkauf" for this purpose. Conditions can be found on the page there. Please note, however, that orders may arrive in one to three packages, as we have our warehouses distributed to different locations.
- We are entitled to partial deliveries as far as this is reasonable for you. If we are unable to deliver your order in full and have to split it into several packages, no additional shipping costs will be incurred for the subsequent deliveries. Something else applies, however, if you deliberately order individual items in the backlog and then request an advance delivery of the available items from us. We then reserve the right to charge the shipping costs by this partial delivery requested by you.
§ 7 Retention of title
The goods delivered by us remain our property until full payment of the purchase price.
§ 8 Warranty
- We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
- Any seller's warranties given by us for specific items or manufacturer's warranties granted by the manufacturers of specific items shall be in addition to any claims for defects in quality or title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions accompanying the items, if any.
§ 9 Liability
- We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. These limitations of liability also apply in favor of the legal representatives and vicarious agents of Maschenfein.
- The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.
§ 10 Transport damage
If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory warranty claims and their enforcement. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 11 Right of withdrawal
- If you are a consumer, you have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Maschenfein GmbH, represented by the Managing Director Dr. Marisa Nöldeke, Maschenfein GmbH, Nostitzstr. 23, 10961 Berlin, phone: +491632617146, e-mail: email@example.com) by means of a clear declaration of your decision to withdraw from this contract. You can use the following sample cancellation form for this purpose, which is, however, not mandatory. When returning the goods, please note the return address stated on the return form (Maschenfein GmbH, c/o Plus H GmbH & Co KG, Ahornstr. 59, 08525 Plauen). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.
Sample cancellation form:
(If you want to cancel the contract, please fill out and return this form).
Maschenfein GmbH, represented by the Managing Director Dr. Marisa Nöldeke, Maschenfein GmbH, Nostitzstr. 23, 10961 Berlin, phone +491632617146, e-mail firstname.lastname@example.org
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services
Ordered on (*)/received on (*)
Order number (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.
- Consequences of revocation:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract.
If you revoke the purchase contract with us only partially, i.e. only with regard to a part of the goods ordered by you, we shall not be obliged to reimburse the flat-rate shipping costs, as these costs would also have been incurred for the products not covered by the revocation.
If you only partially revoke the contract and thereby fall below the minimum order value of EUR 100.00 free of shipping costs, we shall be entitled to demand the shipping costs that have now subsequently arisen from you(Example: You order goods from Maschenfein with a total value of EUR 120. As the value is above EUR 100.00, shipping is free of charge for us in accordance with § 4 Para. 3. Now you partially revoke the purchase contract for goods with a value of EUR 80.00. This subsequently leads to the fact that you have actually only ordered goods with a value of EUR 40.00 from us; for this we would actually have charged shipping costs according to § 4 para. 3. We can now subsequently claim the shipping costs against you). We are entitled to set off the shipping costs according to § 4 para. 3 against the repayments to be made to you.
For the repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
- You bear the direct costs of returning the goods.
- You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, characteristics and functioning of the goods.
- End of the cancellation policy -
- The right of withdrawal does not apply to distance contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are tailored to personal needs of the consumer or which are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
- for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 12 Copyrights and other industrial property rights
- The information and other content provided by us is owned by us or by persons who have granted us a license to do so. We grant you the limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to use our website in accordance with these GTC.
- The information and other content published on our website are subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires our prior written consent. This applies in particular to copying, editing, translation, storage, processing or reproduction of content or entire pages.
- The display of this website in external frames is only permitted with written permission.
§ 13 Data protection notice
The protection of your personal data is an important concern for us. For more information, please refer to our data protection information available at https://www.maschenfein.com/datenschutzerklaerung/.
§ 14 Final provisions
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of consumer protection law, in which the consumers have their residence, remain unaffected.
- If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller (Maschenfein). Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.
- Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr . We are not prepared to participate in a dispute resolution procedure before a consumer arbitration board.
- Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes. If the invalidity is based on a performance or time provision, it shall be replaced by the legally permissible provision.