General Terms and Conditions
1. Scope
The following T&Cs apply to all orders placed via our online shop by consumers and business customers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession. With respect to business customers, the following applies: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with:
makopan GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided for this purpose and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The following language(s) are available for the conclusion of the contract: German, English, Dutch, Polish.
We store the contract text and send you the order data and our T&Cs in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the product prices stated, shipping costs are added. You can find out more about the amount of shipping costs with the offers.
We deliver only by shipping. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
When we refer to working days in the context of delivery information, this always means Monday to Friday. Saturday does not count as a working day in this context.
5. Payment
The following payment methods are generally available to you in our shop:
Advance payment: If you select the advance payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card: During the order process, you enter your credit card details.
Your card will be charged immediately after you submit the order.
Klarna: In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information with the respective payment option and in the order process.
Purchase on account via Klarna: The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Klarna may offer further payment modalities in the customer account to registered Klarna customers selected by it at its own discretion. We have no influence on the offering of these modalities; any further individually offered payment modalities concern your legal relationship with Klarna. You can find further information on this in your Klarna account.
Instalment purchase via Klarna: You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is 6.95 euros. Klarna may offer further payment modalities in the customer account to registered Klarna customers selected by it at its own discretion (e.g. interest-free instalment plans). We have no influence on the offering of these modalities; any further individually offered payment modalities concern your legal relationship with Klarna. You can find further information on this in your Klarna account.
PayPal, PayPal Express: In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your login details and confirm the payment instruction.
The payment transaction will be carried out by PayPal immediately after you submit the order. You will receive further information in the order process.
PayPal may offer further payment modalities in the customer account to registered PayPal customers selected by it at its own discretion. We have no influence on the offering of these modalities; any further individually offered payment modalities concern your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna: In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you submit the order. You will receive further information in the order process.
Invoice: The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Business customers are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made. In addition, the following applies to business customers: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice value, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and please contact us immediately. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.
For business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Statutory liability for defects
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following limitations and reductions of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in case of injury to life, limb or health, in case of intentional or grossly negligent breach of duty and fraud, in case of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations), within the scope of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is opened. Limitations with respect to business customers With respect to business customers, only our own information and the manufacturer’s product descriptions which have been included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For business customers, the limitation period for claims for defects in newly manufactured goods is one year from the passing of risk. The previous sentence does not apply to an item which has been used for a building in accordance with its normal use and which has caused its defectiveness.
The statutory limitation periods for the right of recourse remain unaffected.
Provisions for traders
For traders, the obligation to inspect and give notice of defects without delay applies. If you fail to give notice, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and claims from Monday to Thursday from 07:00 to 16:00 and Friday from 7:00 to 13:00 by telephone on 02942 5808224 and by e-mail at info@makopan.de.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents in case of injury to life, limb or health, in case of intentional or grossly negligent breach of duty, in case of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act is opened. In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are a business customer, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.
T&Cs created with the Trusted Shops legal text generator