TERMS & CONDITIONS

1. SCOPE OF APPLICATION AND DEFINITIONS

 

1.1 These General Terms and Conditions apply to all contracts concluded with us at www.macris.shop. Any contractual terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions shall only apply if we have expressly agreed to them

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with us, are acting in the exercise of their commercial or independent professional activity.

 

2. OFFER AND CONCLUSION OF CONTRACT

 

2.1 We only conclude contracts with consumers.

2.2 Our offers are not aimed at commercial resellers.

2.3 Our offers are directed exclusively at natural persons of legal age and full legal capacity.

2.4 Our offers do not constitute a binding offer, but an invitation to the customer to submit an offer.

2.5 The customer's order constitutes a binding offer to conclude a contract. We are entitled to accept this offer within one working day. Acceptance is made by express declaration to the customer.

2.6 The e-mail automatically generated following the customer's order, which confirms receipt of the order, does not yet constitute acceptance of the contract, but merely serves to inform the customer and to fulfil statutory information obligations.

2.7 If the customer selects a payment method during the online ordering process that prompts the customer to make the payment immediately during or after the ordering process, the contract is accepted by us, notwithstanding section 2.5, at the point in time at which the customer initiates the payment process by clicking the button that concludes the ordering process.

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3. DELIVERY

 

3.1 Delivery shall be made to the delivery address specified by the customer.

3.2 If the customer is obliged to make advance payment, the performance times/delivery dates stated in offers depend on the customer having made payment immediately after conclusion of the contract.

3.3 Where possible, delivery shall be made in one consignment. However, we are entitled to make partial deliveries and render partial services insofar as these are reasonable for the customer. Any additional costs arising from partial deliveries shall be borne by us.

3.4 Specified delivery dates are not fixed dates unless we have expressly confirmed such a date as a fixed date.

3.5 Delays in delivery caused by us or one of our sub-suppliers/subcontractors due to force majeure or due to circumstances equivalent to force majeure (such as monetary and trade policy or other sovereign measures, strikes, operational disruptions such as fire, machine defects, breakage, shortage of raw materials or energy) shall entitle us to postpone delivery for the duration of the hindrance. If the fulfilment of the contract becomes unreasonable for the customer due to the delay, the customer is entitled to withdraw from the contract. In the event of impediments to performance that are not merely temporary, we shall be entitled to withdraw from the contract.

 

4. VOUCHERS AND DISCOUNTS

 

4.1 Vouchers, discount vouchers or quantity discount vouchers issued by us will not be paid out. Any right of cancellation remains unaffected.

4.2 After a discount voucher or other discount has been applied, the discounted purchase price will be refunded in the event of cancellation.

4.3 A quantity discount granted by us shall become invalid if, as a result of a partial cancellation, such a large partial quantity of the goods received by the consumer is returned to us that the remaining partial quantity of the goods received by the consumer no longer reaches the limit for achieving the quantity discount.

4.3.1 In this case, only that part of the discounted purchase price that exceeds the non-discounted purchase price of the goods remaining with the consumer will be refunded to the consumer.

4.3.2 If the non-discounted purchase price of the goods remaining with the consumer exceeds the original discounted purchase price, the amount exceeding the original discounted purchase price is due for payment when the objection takes effect.

 

5. UNAVAILABILITY OF THE SERVICE

 

5.1 Every offer is subject to the reservation of self-supply; if the ordered goods are not available because we are not supplied by our supplier unforeseeably and through no fault of our own when the contract is concluded, we have the right to withdraw from the contract. In this case, we will inform the customer immediately that delivery is not possible and refund any purchase price already paid without delay. This right shall only apply to consumers if we have concluded a specific covering transaction and were unexpectedly not supplied by the supplier.

5.2 Liability for damages due to non-fulfilment is excluded if we have acted neither grossly negligently nor intentionally with regard to the lack of availability; any liability due to pre-contractual fault remains unaffected.

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6 Prices and shipping costs

6.1 The prices quoted by us include the applicable value added tax. Any shipping costs incurred are shown in the order process. An overview of the shipping costs can be found at the bottom of the website under SHIPPING.

 

7. PAYMENT, DUE DATE AND DEFAULT

 

7.1 In principle, we only accept the payment methods listed in our offer.

7.2 The customer is obliged to pay in advance, except in the case of payment on delivery or on account. In this case, payment is due upon conclusion of the contract and receipt of the invoice or invoice statement. In the case of payment on delivery or on account, payment is due upon receipt of the goods and the invoice or invoice statement.

 

8. RIGHT OF RETENTION AND RETENTION OF TITLE

 

8.1 The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

8.2 The delivered goods shall remain our property until full payment has been made. In the event of seizure of the reserved goods by third parties, the customer shall draw attention to our ownership and inform us immediately.

 

9. LIABILITY

 

9.1 We shall be liable for grossly negligent and wilful breaches of duty.

9.2 In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. We shall not be liable for other damages caused by slight negligence due to a defect in the object of purchase. These limitations shall not apply in the event of injury to life, limb or health. Any liability for pre-contractual fault or under the Product Liability Act remains unaffected by these limitations of liability.

9.3 Irrespective of culpability, we shall only be liable in the event of fraudulent concealment of a defect or from the assumption of a guarantee or warranty. A manufacturer's guarantee is a guarantee of the manufacturer and does not constitute the assumption of a guarantee by us.

9.4 We are also responsible for the impossibility of delivery occurring by chance during the delay, unless the damage would also have occurred if delivery had been made on time.

9.5 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

 

10. ALTERNATIVE DISPUTE RESOLUTION

 

10.1 We do not participate in dispute resolution proceedings before a consumer arbitration board.

11. final provisions

11.1 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. If the customer is not domiciled in Germany, the mandatory provisions of the country in which the consumer is domiciled shall remain unaffected by this choice of law.

11.2 Should individual provisions of this contract be wholly or partially invalid, this shall not affect the validity of the remaining clauses or parts of clauses.