General conditions of sale of Macuwell Deutschland GmbH, Hauptstraße 54, 63619 Bad Orb for use for online consumer transactions
1. Seller information, scope
1.1 The vendor of goods ordered via the online shop on the website http://www.macuwell.de/ (hereinafter “online shop”) is
Macuwell Deutschland GmbH
D-63619 Bad Orb
Further information on the seller can be found in the Legal notice[A1].
1.2 Our online shop is exclusively aimed at consumers (hereinafter: “customer”). Deliveries are made exclusively to consumers within the Federal Republic of Germany.
1.3 A consumer for the purposes of these general conditions of sale (hereinafter “GCS”) is any natural person who concludes a legal transaction that is for neither commercial nor self-employment purposes (Section 13 German Civil Code (Bundesgesetzbuch; BGB)).
1.4 The object of the contract with the customer is the sale of goods. The details, in particular the essential features of the goods, can be found in the product description and the supplementary information on our website: http://www.macuwell.de/.
1.5 The following GCS apply explicitly to all contracts concluded via the online shop between us and the customer, provided no other agreements have been made in writing.
2. Conclusion of contract
2.1 The presentation of the goods in our online shop does not represent a binding contractual offer, but rather an invitation to customers to order. The customer can submit a purchase offer (purchase order) via the online shopping cart system, which stores the goods the customer wishes to purchase in the “shopping cart”. Using the relevant buttons in the navigation bar, the customer can call up the shopping cart and make changes to it at any time or cancel the purchase. After calling up the “Checkout” page and entering their personal data, the customer is then shown all the order details on the order overview page. Before submitting the order, the customer can review all the details, amend them (also via the “back” function on their web browser) or cancel their purchase. By submitting the order using the “buy now” button at the end of the ordering process, the customer submits a legally binding contractual offer to us.
2.2 We confirm receipt of the order immediately by email to the customer (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of the customer’s offer but is only intended to inform them that we have received the order.
2.3 The customer shall be bound by the order for a period of ten (10) days after placing the order; the customer’s statutory right, if any, to revoke the order (see clause 5) remains unaffected.
2.4 The contract is concluded when we confirm the order within this period in a second email (order confirmation) or deliver the ordered goods.
2.5 We send the order details and our GCS by email to the customer together with the confirmation of receipt. We would like to point out that, in the case of non-registered customers, we do not save the contract text after conclusion of the contract and we will not be able to access the contract text of these customers after conclusion of the contract. Registered customers can view their past orders in our customer area under My Account -> My Orders.
2.6 The contract language is German.
3. Prices, shipping costs
3.1 All prices quoted in our online shop are gross prices that include statutory VAT. Any shipping costs incurred shall be added and shall be borne by the customer.
3.2 Shipping costs of €10.00 apply to ship the goods. The shipping costs are stated in our prices in our online shop. The total price including shipping costs is also displayed in the shopping cart and in the order overview at the end of the order process before the customer submits the order by clicking the button “Buy now”.
3.3 If we fulfil the order by sending partial deliveries, the customer only incurs shipping costs for the first partial delivery. If partial deliveries are made at the customer’s request, we will charge shipping costs for each partial delivery.
3.4 In the event of cancellation of the contract, the customer bears the costs of returning the goods.
4. Payment and delivery, self-delivery clause
4.1 The customer can choose to pay via prepayment, credit card or PayPal.
4.2 The customer shall only be entitled to offset our claims against a counterclaim to the extent that the counterclaim is undisputed or ready for decision or has been established by law. The customer shall only be entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
4.3 The delivery period is approximately five (5) working days unless a different delivery period is specified in the online shop for the desired item prior to placing the order. The delivery period starts – subject to the provision in clause 4.4 – upon conclusion of the contract.
4.4 In the event of reasonable indications of a risk of non-payment, we reserve the right to only deliver upon receipt of the purchase price plus shipping costs (payment in advance provision). If we exercise the payment in advance provision, we will inform the customer immediately. In this case, the delivery period begins with payment of the purchase price plus shipping costs.
4.5 If, for reasons for which we are not responsible, we are unable to deliver an ordered item or are unable to deliver it on time due to non-delivery, late delivery or defective delivery by a supplier, although we have concluded a corresponding purchase agreement with the supplier prior to conclusion of the contract, we are entitled to release ourselves from our delivery obligation. In this case we are obliged to inform the customer immediately about the non-availability of the item and to reimburse them for any payments they have made.
5. Right of cancellation
Consumers have the following right to cancel contracts concluded outside of business premises and distance selling contracts with the exception of contracts, for financial services
(Consumer is any natural person who concludes a legal transaction that is for neither commercial nor self-employment purposes)
Right of cancellation
You have the right to cancel this contract within fourteen (14) days without specifying a reason.
The right of cancellation is fourteen (14) days from the day on which you or a third party named by you who is not the carrier, have/has taken possession of the last delivery of goods.
To exercise your right of cancellation you must inform us:
- by post: Macuwell Deutschland GmbH, Hauptstrasse 54, D-63619 Bad Orb
- by telephone: +49 (0)652-92691-0
- by email: email@example.com
with a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this order.
You can use the attached sample cancellation form, however, this is not mandatory.
To comply with the cancellation period, it is sufficient for you to send notification that you will exercise the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract we shall reimburse to you immediately and no later than fourteen (14) days from the date on which we received notice of your cancellation all payments we have received from you including delivery charges (other than additional charges resulting from your choice of delivery method other than the most economical standard delivery we offer). For this refund, we will use the same payment method that you used for the original transaction unless expressly agreed otherwise; in no event will you be charged for this refund.
We may refuse to refund you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You shall deliver the goods immediately and in any case within fourteen (14) days from the day on which you inform us of the cancellation of this contract to:
Macuwell Deutschland GmbH
D-63619 Bad Orb
This period shall be deemed to be observed if you dispatch the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling the goods in a manner unnecessary for inspecting the nature, properties, or function of the goods.
Exclusion of the right of cancellation
The right of cancellation shall not apply, unless the parties have agreed otherwise, to the following contracts:
- the supply of goods that are not pre-made and which are produced according to individual choice or intended use or which are clearly tailored to the consumer’s personal requirements,
- the supply of goods that can spoil quickly or have an expiry date that would quickly be exceeded,
- goods that are supplied sealed and are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.
– End of the cancellation policy –
6. Cancellation form
Sample cancellation form for consumers
(If you wish to cancel the contract, please complete this form and send it back to us.)
Macuwell Deutschland GmbH
D-63619 Bad Orb
I/we(*) hereby cancel the contract concluded by me/us(*) for the purchase of the following
Ordered on (*) / received on (*)..………………....……………......…………………..
Order number / customer number (**):………………………….……………………...
Name of the consumer(s) …………………………………....………………..……..
Address of the consumer(s) …………………………………....………………..……..
Signature of the consumer(s) (only for paper version of form)
(*) delete as appropriate.
(**) This information is not compulsory but it makes it easier for us to process your request.
7. Reservation of ownership
The goods remain our property until full payment of the invoice amount including all additional costs.
8. Material and legal defects
8.1 In the event of any material or legal defects in the supplied items, the customer shall be entitled to all statutory rights but with the proviso that the limitations and exclusions provided for in clause 9 apply to claims for damages or reimbursement of any unnecessary expenditure.
8.2 Any seller warranties given by us for certain items or manufacturer warranties granted by the manufacturers of certain items shall apply in addition to claims for material or legal defects within the meaning of clause 8.1.
Details of the scope of such warranties can be found in the warranty conditions if there are any attached to the items.
9.1 We shall be liable to the customer for intent and gross negligence in accordance with the statutory provisions. In other cases, we shall only be liable – unless otherwise stipulated in clause 9.2 – in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and upon which the customer may regularly rely (referred to as a cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in clause 9.2.
9.2 The above-mentioned limitations of liability shall not affect any claims made by the customer for loss of life, personal injury or health impairment, nor any claims arising from the assumption of a contractual warranty, nor any claims made by the customer pursuant to the Product Liability Law. The above-mentioned limitations of liability and exclusions also apply in favor of our legal representatives, employees and vicarious agents.
10. Governing law
The contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods dated April 11, 1980. If the customer has their habitual residence in another country at the time of their order, the application of mandatory legislation of this country remains unaffected by the governing law specified in the previous sentence.
11. Out-of-court online dispute settlement procedure, data protection
11.1 Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. Consumers can now resolve disputes related to their online order without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
11.2 For consumer complaints, customers may use the email address given in clause 1.1. We are not obliged to participate in arbitration proceedings and unfortunately cannot offer our customers participation in such proceedings.
11.3 The provisions on data protection are set out in our data privacy statement.
Latest version dated: October 2018