THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAZOOKA - HANNO BÄUCKER
("MAZOOKA") STATING THE TERMS THAT GOVERN YOUR USE OF THE MAZOOKA WEBSHOP.
THESE TERMS OF SERVICE („TOS“)– TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS AND ALL RULES AND POLICIES REFERRED TO IN THIS AGREEMNET – COLLECTIVELY CONSTITUTE THE AGREEMNET BETWEEN YOU AND MAZOOKA.
IF YOU VISIT OR ORDER AT THIS SITE, YOU ACCEPT THESE TERMS OF SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR PURCHASING ANY OF THE PRODUCTS OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH IT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSHOP. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPPTABLE.
MAZOOKA MAY REFUSE ACCESS TO THE WEBSHOP FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Scope of Contract and Contractual Partners
1.1. The following terms and conditions are applicable to all business transactions concluded be-tween Mazooka and customers via the Mazooka Online Shop at http://shop.mazooka.de.
1.2. Customers can be both consumers and business persons. Consumers are primarily natural persons whose purchases at Mazooka do not serve any purpose, either for their companyÕs business or their self-employment. Business persons are therefore natural persons or legal entities or incorporated partnerships with whom Mazooka enters a business connection and which deal in company or self-employed business. Mazooka does not conclude contracts with natural persons under 18 years of age.
1.3. To the full extent, our terms and conditions are solely applicable. Contradictory or customer s terms and conditions divergent from ours are not applicable, unless Mazooka has agreed to this case in writing.
2. Contractual Partner
Contracts of sale are concluded with Mazooka, owner Hanno BŠucker, Kastanienallee 34, 10435 Berlin, Germany.
3. Offer and Conclusion of Contract
3.1. The product descriptions in the online shop represent requests to make purchase offers.
3.2. By clicking on the ÒOrderÓ button, the customer makes a legally binding purchase offer. The offer can, however, only be made and transmitted when the customer accepts these terms and conditions by clicking on the ÒAccept Terms & ConditionsÓ button and agrees to the Mazooka Data Privacy Statement by clicking on ÒAgree to Data Privacy StatementÓ. Ma-zooka can accept the customer order by sending confirmation of order by e-mail or by deliv-ering the goods within 10 days following the order. Confirmation of receipt of order does not constitute acceptance of the purchase offer.
4. Ordering
4.1. Customers can first place the desired goods in a shopping cart without obligation by clicking on Òadd to shopping bagÓ. The content of the shopping cart can be accessed anytime with-out obligation by clicking on the shopping cart symbol. Items can also be removed anytime from the shopping cart (by clicking on the ÒremoveÓ button). To purchase the products cus-tomers need to click the ÒCheckoutÓ button. Customers are then asked to register. An e-mail address and password are required for registration together with personal address de-tails. Stars (*) denote mandatory details. Customers must provide details truthfully, to the best of their knowledge and are responsible for providing correct details.
4.2. Customer details are encrypted for transfer. Following entry of details and selection of the type of payment, customers can continue to the order page, where they can check their order, by clicking on ÒcontinueÓ. Clicking on the ÒconfirmÓ button completes the order pro-cess. The process can be interrupted anytime by closing the browser window. The individual pages contain further information, e.g. on how to correct orders.
4.3. Details of orders are stored on the Mazooka servers. The terms & conditions can be viewed anytime at http://shop.mazooka.de/conditions. Details of orders and the Terms & Conditions are sent to customers immediately upon completion of the order process to the e-mail ad-dress provided by the customer.
5. Customer Account
5.1. Upon completion of the registration process, customers receive their own customer account for life, where the customersÕ personal details are stored.
5.2. Customer accounts can be cancelled by both parties within a deadline of two weeks in writing or by e-mail. The right to terminate this agreement immediately due to important reasons, in writing or by e-mail, remains unaffected by this agreement.
5.3. Customer accounts are non-transferrable to third parties.
6. Right of Withdrawal for Consumers
The customer reserves right to withdraw from the contract agreement without the need to provide a reason within fourteen days after receipt of the shipment of goods. The withdrawal is effective in writing (e.g. letter, fax, e-mail) or by returning the delivered goods. The withdrawal deadline of two weeks begins following receipt of written instruc-tion of withdrawal, but not prior to receipt of the goods by the recipient (in the case of repeated delivery of similar goods not before receipt of the first partial shipment) and not prior to fulfilment of our duty to provide information in compliance with section 312c, clause 2 of the BGB (German Civil Code) in connection with section 1 clauses 1, 2 and 4 of the Ordinance on Information Obligations of the German Civil Code (BGB-InfoV), as well as our duties in compliance with section 312e, clause 1, provision 1 of the German Civil Code in association with section 3 of the Ordinance on Information Ob-ligations of the German Civil Code.
To fulfil the requirements of the withdrawal period, simply return the goods or notice of withdrawal within this period. Please send notice of withdrawal to:
Mazooka
Owner Hanno Baeucker
Kastanienallee 34
10435 Berlin
Germany
In case of an effective withdrawal both partiesÕ received goods and services have to be returned and any benefits (e.g. interest rates) have to be delivered. If the customer cannot return delivered goods or services fully or only partly or only in a deteriorated quality, the difference has to be reimbursed. This does not apply in the case of delivered goods if the deterioration of the quality of the goods is only due to examination of the goods Ð as is the case in a retail shop. By using the item according to its specifications, or refraining from activities that can have an effect on the value of the item, the cus-tomer shall not be held responsible for any replacement upon deterioration. Items that can be shipped in packets must be returned at our cost and responsibility.
If the delivered goods match the ordered goods, and if the value of the order falls below Û40, or if the value of the goods is higher than Û40 but at the time of withdrawal no quid pro quo or contractually agreed partial payment has been made, then the customer shall be responsible for and bear the cost of the return of the goods. In any other case, returns are free of charge.
Non-transportable goods shall be picked up from the customer. Obligations to refund payments must be fulfilled within 30 days. The period of fulfilment begins for the cus-tomer upon dispatch of the instruction of withdrawal or of the item, for us upon receipt of either.
8. Prices and Shipping Costs
8.1. Prices quoted on the product pages all include VAT and further price components. On top of the quoted prices, Mazooka also adds shipping costs for postage and packing, scaled to the value of ordered goods and shipping region.
8.2. Customers are clearly informed of shipping costs prior to placing orders as well as on the order page itself and can be viewed anytime at http://shop.mazooka.de/shipping.
8.3. Deliveries to other countries in the European Union may be subject to further costs in the form of customs or other fees, which must be paid by the customer. Mazooka therefore ad-vises customers to get in touch with their national customs and excise office.
9. Terms of Delivery
9.1. Mazooka will make every best effort to dispatch the goods within 5 to 10 days following payment of goods, insofar as no other stipulations apply on each productÕs page.
9.2. Mazooka is entitled to make partial deliveries at its own expense, insofar as this is reason-able for customers.
9.3. Should goods fail to be delivered after three delivery attempts, Mazooka reserves the right to withdraw from the contract. Should any payments have been made, customers will be reim-bursed immediately.
10. Terms of Payment
10.1. Payment is in advance, either by direct debit, credit card or via Paypal.
10.2. Customers are informed of the bank account details during the order process and upon con-firmation of order. Goods are shipped upon receipt of payment.
10.3. When selecting PayPal as the preferred form of payment, customers require a valid PayPal customer account. Customers can open an account for free anytime at www.paypal.com. No costs apply for registering, account management or paying with PayPal.
10.4. Should the customer delay payment, the applicable purchase price during the time of delay is charged interest to the amount of 5% points over the basic interest rate for consumers, and 8% points over the basic interest rate for business persons. Mazooka reserves the right to provide proof of and claim for higher damages caused by delay.
10.5. Customers only reserve a right to offset costs if the counterclaims have been deemed legally binding or uncontested by a court of law or have been accepted by Mazooka in writing.
11. Retention of Title
Until full payment of items, delivered items remain the property of Mazooka. Prior to passage of title, no pledging, transfer by way of security, processing or remodelling is permitted with-out prior approval by Mazooka. If the customer is a business person, the goods remain the property of Mazooka until full payment of all claims from a running business relationship.
12. Defects during Shipping
12.1. Should goods be delivered with obvious defects due to damages caused during shipping, customers are advised to inform the shipping company of the damages and to get in touch with Mazooka as quickly as possible.
12.2. Failure to inform of any damages or to get in touch does not affect the customerÕs statutory warranty rights. However, providing proper information helps Mazooka lodge own claims for damages from shippers or from its shipping insurance company.
13. Warranty
In the case of all faults arising after delivery, customers reserve their statutory right of sup-plementary performance and Ð in case of legal qualification Ð their statutory right of reduc-tion or withdrawal as well as damages.
With the exception of damages claims, warranty claims due to defects prescribe in two years. Insofar as no consumers are involved in transactions, these claims prescribe in one year.
14. Data Privacy
At this point we would like to refer you to MazookaÕs separate privacy terms, which can be accessed anytime under the ÒData Privacy StatementÓ section of the website and can be saved locally on your PC.
15. Liability
15.1. Customers are excluded from making claims for damages. This does not include customersÕ claims for damages resulting from violation of life, body, health or from breaches of funda-mental contractual obligations (cardinal obligations) as well as liability for other damages caused by deliberate or gross neglect of duty by Mazooka, its legal representatives or assist-ants. Fundamental contractual obligations are obligations that must be fulfilled to reach the objective of the contract.
15.2. Upon breach of fundamental contractual obligations, Mazooka is only liable to business per-sons to the amount of typical contractual, predictable damages if these were caused due to gross negligence, unless customersÕ claims for damages result from violations of life, body or health.
15.3. Restrictions in clauses 1 and 2 also apply to the benefit of the legal representatives and as-sistants of Mazooka, should claims for damages be ledged against them.
15.4. The terms of the Product Liability Act remain unaffected.
16. Final Terms
16.1. Contractual languages are German and English.
16.2. German law applies with the exception of the CISG (UNO law of sales), insofar as this does not conflict with any obliging regulations of national consumer protection legislation.
16.3. Insofar as these Terms & Conditions have been translated from German into another lan-guage and are available to customers, the German version of the Terms & Conditions applies for the legal relationship with Mazooka. Insofar as there may be discrepancies or contradic-tions between the German and translated versions of the Terms & Conditions, the German version remains the applicable version.
16.4. Place of jurisdiction is exclusively Berlin, insofar as the customer is a business person, a bo-dy corporate organised under public law or a public separate estate.
16.5. Should individual terms be invalid, the validity of the remaining terms remains unaffected.
