Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
   
3. Right of Withdrawal
   
4. Prices and Terms of Payment
   
5. Delivery and Shipping Terms
   
6. Retention of Title
   
7. Liability for Defects (Warranty)
   
8. Liability
   
9. Redeeming Promotional Vouchers
   
10. Governing Law
    
11. Jurisdiction
    
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of MadeByMates GmbH & Co. KG (hereinafter ‘the Seller’) apply to all contracts for the supply of goods which a consumer or business (hereinafter ‘the Customer’) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.3 For the purposes of these General Terms and Conditions, a ‘business operator’ is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.

2.2 he Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process.

2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date of receipt of the order confirmation by the customer shall be decisive, or
  
• by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or
  
• by requesting payment from the customer after the customer has placed their order.
  

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/ de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal and selectable during the online ordering process, the seller hereby declares that it accepts the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. by email, fax or letter) once the Customer has submitted their order. The Seller shall not make the text of the contract available in any other way. If the customer has set up a user account in the Seller’s online shop before submitting their order, the order details will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical aid for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.8 Order processing is generally carried out automatically via email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description.

4.2 The customer will be informed of the payment option(s) available in the seller’s online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The specific payment methods offered via Shopify Payments are displayed to the customer in the seller’s online shop. Shopify may use additional payment services to process payments, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Terms

5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 Where the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.

5.4 If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. However, this applies only if the seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and the consideration shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance delivery, it reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is acting as a trader,

• the seller may choose the form of subsequent performance;
  
• in the case of new goods, the limitation period for claims for defects is one year from delivery of the goods;
  
• in the case of second-hand goods, claims for defects are excluded;
  
• the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened time limits set out above shall not apply

• to the customer’s claims for damages and reimbursement of expenses,
  
• in the event that the seller has fraudulently concealed the defect,
  
• to goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
  
• to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.5 If the customer is a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and expenses as follows:

8.1 The seller shall be liable without limitation on any legal ground

• in the event of wilful misconduct or gross negligence,
  
• in the event of an intentional or negligent injury to life, limb or health,
  
• on the basis of a guarantee, unless otherwise stipulated in this regard,
  
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the customer is a consumer resident in Germany or a business, the following limitations of liability shall apply:

If the seller negligently breaches an essential contractual obligation, their liability shall be limited to the foreseeable damage typical for this type of contract, provided that they are not liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, and which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 If the promotional voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.7 The credit balance of a promotional voucher will not be paid out in cash nor will it accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part with the promotional voucher under their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This shall not apply if the seller is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

10) Governing law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Jurisdiction

If the customer is a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer’s place of business.

12) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.