Terms of Service
1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity hereby rejected; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract concluded with Madatshop.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before sending your binding order by submitting them in the order process and explained correction aids. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order sent.
When the contract concluded with us depends on the payment method you have chosen:
Cash on delivery
We accept
your order by sending a declaration of acceptance in a separate email or by
delivering the goods within two days.
Payment in advance
We accept
your order by sending a declaration of acceptance in a separate email within
two days, in which we give you our bank details.
Credit card
When you
submit the order, you provide your credit card details and the credit card
company carries out an authorization check. After your legitimation as a
legitimate cardholder, the payment transaction initiated automatically and your
credit card charged when the order placed. The contract concluded with us at
the time of credit card debit.
PayPal, PayPal Express
In the
ordering process, you will be redirected to the website of the online provider
PayPal. There you can enter your payment details and confirm the payment
instruction to PayPal. After placing the order in the shop, we ask PayPal to
initiate the payment transaction and thereby accept your offer.
PayPal Plus
As part of
the PayPal Plus payment service, we offer various payment methods as PayPal
services. After placing the order, you will be redirected to the website of the
online provider PayPal. There you can enter your payment details and confirm
the payment instruction to PayPal. This is how the contract with us comes into
being.
Amazon Pay
In the
ordering process, you will be redirected to the website of the online provider
Amazon before completing the ordering process in our online shop. There you can
choose the delivery address and payment method stored at Amazon and confirm the
payment instruction to Amazon. You will then be redirected to our online shop,
where you can complete the ordering process. After placing the order, we ask
Amazon to initiate the payment transaction and thereby accept your offer.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the specified product prices, shipping costs added. You can find out more about the shipping costs from the offers.
We only deliver by shipping. Unfortunately, a self-collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you
choose the payment method prepayment, we will give you our bank details in a
separate email and deliver the goods after receipt of payment.
Cash on delivery
You pay the
purchase price directly to the delivery agent. There are no additional costs
for this.
Credit card
When
placing the order, you provide your credit card details. After your
legitimation as a legitimate cardholder, the payment transaction carried out
automatically and your card is debited.
PayPal, PayPal Express
In the
ordering process, you will be redirected to the website of the online provider
PayPal. In order to be able to pay the invoice amount via PayPal, you must registered
there or first register, legitimize with your access data and confirm the
payment instruction to us. After placing the order in the shop, we ask PayPal
to initiate the payment transaction. The payment transaction is carried out
automatically by PayPal immediately afterwards. You will get more information
during the ordering process.
PayPal Plus
As part of
the PayPal Plus payment service, we offer 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 instruction to PayPal.
Amazon Pay
In the
ordering process, you will be redirected to the website of the online provider
Amazon before completing the ordering process in our online shop. In order to
be able to process the order process via Amazon and pay the invoice amount, you
must registered there or first register and authenticate with your access data.
There you can choose the delivery address and payment method stored at Amazon,
confirm the use of your data by Amazon and the payment instruction to us. You
will then be redirected to our online shop, where you can complete the ordering
process. Immediately after placing the order, we ask Amazon to initiate the payment
transaction. The payment transaction is carried out automatically by Amazon. You
will get more information during the ordering process.
6. Right of withdrawal
You have the legal right of withdrawal, as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment.
For
entrepreneurs, the following also applies: We reserve ownership of the goods
until all claims from an ongoing business relationship have paid in full. You
may resell the reserved goods in the ordinary course of business; you assign
all claims arising from this resale to us in advance for invoice, regardless of
a connection or mixing of the reserved goods with a new item, and we accept
this assignment. You remain authorized to collect the claims, but we may also
collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies.
When buying
used goods by consumers, the following applies: if the defect occurs one year
after delivery of the goods, claims for defects excluded. Defects that occur
within one year from delivery of the goods can be claimed within the statutory
limitation period of two years from delivery of the goods.
For
entrepreneurs, the limitation period for claims for defects in newly
manufactured items is one year from the transfer of risk. The sale of used
goods takes place under exclusion of any warranty. The statutory limitation
periods for the right of recourse according to § 445a BGB remain unaffected.
Towards entrepreneurs,
only our own information and the manufacturer's product descriptions, which
were included in the contract, count as an agreement on the quality of the
goods; we accept no liability for public statements by the manufacturer or
other advertising statements.
If the
delivered item is defective, we initially provide the entrepreneur with a
choice of remedying the defect (rectification) or by delivering a defect-free
item (replacement delivery).
The above
restrictions and shortened deadlines do not apply to claims due to damage
caused by us, our legal representatives or vicarious agents
• In the
event of injury to life, limb or health
• In the
event of willful or grossly negligent breach of duty and malice
• in the
event of a breach of essential contractual obligations, the fulfillment of
which makes the proper execution of the contract possible in the first place
and on the observance of which the contractual partner can regularly rely
(cardinal obligations)
• As part
of a guarantee promise, if agreed
• As far as,
the scope of the Product Liability Act is open.
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.
10. Liability
We are always liable without limitation for claims due to damage caused by legal representatives, our vicarious agents or us
• In the
event of injury to life, limb or health
• In the
event of an intentional or grossly negligent breach of duty
• In the
case of a guarantee promise, if agreed, or
• As far as,
the scope of the Product Liability Act is open.
In the
event of a breach of essential contractual obligations, the fulfillment of
which is essential for the proper execution of the contract and on the
observance of which the contractual partner can regularly rely on (cardinal
obligations) due to slight negligence on the part of us, our legal
representatives or vicarious agents, the amount of liability shall be that
which was foreseeable at the time the contract was concluded Limited damage,
the occurrence of which can typically be expected.
In addition,
claims for damages excluded.
11. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of UN sales law.