Allgemeine Geschäftsbedingungen
- 1. Scope of contract
- 2. Contractual partner
- 3. Offer and contract
- 4. Notice on the right to exchange and return goods (right of rescission)
- 4.a Costs of returning goods after excising the right of rescission
- 5. Pricing and delivery costs
- 6. Delivery
- 7. Payment
- 8. Reservation of proprietary rights
- 9. Data protection
- 10. Place of jurisdiction
- 11. Additional provision
General terms and conditions
(Below terms and conditions include information required by law such as regulations about contracts via distance selling and ecommerce)
1. Scope of contract
All deliveries executed by Mabuti GmbH to retailers are subject to this general terms and conditions.
2. Contractual partner
Contractual partner is: Mabuti GmbH, Slevogtstr. 59, 09114 Chemnitz, Germany. Authorised directors: Felix Hanspach / Andreas Preisler. Registration office is the Magistrate’s court Chemnitz. Registration number is HRB28319. Purchase tax ID is DE291191680. You can reach our customer service for inquiries, complaints and returns Monday to Friday from 8:00( GMT+1) to 18:00 (GMT+1) via +49-(0)371-35572494 or by e-mail:
3. Offer and contract
3.1 Display of products in the online shop does not represent a legally binding offer, but rather a invitation to order. All rights, changes and errors reserved.
3.2 Through clicking the button [Order] you are sending a binding order of the items listed on the order page. The purchase contract is valid, once we accept your order via confirmation e-mail immediately after we receive your order.
4. Notice on the right to exchange and return goods (right of rescission)
4.1 Customers do have a fourteen days right to exchange and return goods.
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Right of withdrawal / Right of rescission instruction
All items purchased for private use (and not B2B) from Mabuti GmbH can be returned within two weeks after they are received, without giving reasons. Alternatively you can cancel the contract without giving reasons within two weeks in writing (e.g. Letter, Fax, E-Mail). The time limit shall begin when the goods are received. In order to comply with the time limit, it is sufficient that the goods be dispatched on time (according to the postmark of the dispatching location).
Please exercise your right of withdrawal / right of rescission by returning the goods to:
Mabuti GmbH
Slevogtstr. 59
09114 Chemnitz
Germany
or via e-mail: inonfoohne@murost.netar.com
The right to return goods shall not exist with regard to special orders of goods which have to be custom manufactured for that order. Payments made by the contract partner shall be returned by bank transfer into an account to be specified by the customer, within 10 business days after the returned goods are received. Goods which are sent back must be sent to the business address specified above.
Mabuti GmbH explicitly reserves the right to demand compensation for damaged goods. If the customer is responsible for deterioration, destruction or other impossibility, it shall pay compensation for the reduction in the value of the goods.
The goods must be shipped back in the original packing. If this is not possible, the customer must provide packing which properly protects the goods from damage. The customer shall be liable for any damage to the goods which are attributable to inadequate packing.
Mabuti GmbH must be immediately notified in writing of any obvious defects (particularly damage, incorrect deliveries or quantity deviations), damage in transit or other defects, not later than 10 calendar days after the goods are received. Notification by e-mail to is sufficient. The burden of proving that the notification was successfully delivered shall rest with the customer.
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End of right of withdrawal / Right of rescission instruction
4.a Costs of returning goods after excising the right of rescission
The return shipment shall be at customer’s expense and risk. It must have sufficient postage paid and comply with statutory import regulations. If Mabuti GmbH incurs additional costs due to insufficient postage being paid for the return shipment or import charges, those costs shall be set off against any payments made by the customer.
5. Pricing and delivery costs
5.1 The prices offered included statutory VAT and all other price components.
5.2 Information regarding additional delivery costs can be found via [Shipping Costs].
6. Delivery
6.1 We deliver worldwide with Deutsche Post AG and DHL.
6.2 Information regarding delivery times can be found via the respective product pages.
7. Payment
7.1 Payment options are bank transfer, C.O.D., credit card and PayPal.
7.2 Offsetting of claims is only permitted, when your counterclaims have been a) declared by court; b) are indisputable or c) have been acknowledged by us in writing.
7.3 The right of retention of goods can only be exercised, if claims arise from the same contract.
8. Reservation of proprietary rights
Until full payment all goods remain property of Mabuti GmbH.
9. Data protection
Any personal information you provide to us and from which you can be identified is stored securely and confidentially and is processed fairly and lawfully in accordance with this privacy policy.
We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information, including encrypting your information to applicable industry standards.
You can obtain information on the data concerning you stored by us at any time free of charge. For that purpose, please send an e-mail to . For reasons related to data protection, the e-mail can only be answered to the e-mail addresses recorded by Mabuti GmbH.
10. Place of jurisdiction
The Courts of Germany shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website including orders for goods. By accessing this website you agree to submit to German law. Place of jurisdiction for all disputes shall be determined according to Mabuti GmbH’s registered office.
Mabuti’s registered office:
Mabuti GmbH
Slevogtstr. 59
09114 Chemnitz
Germany
11. Additional provision
If individual provisions of these general terms and conditions are invalid or ineffective, the effectiveness of the other provisions hereof shall not be affected. Any invalid or ineffective provisions shall be replaced by the statutory provisions.
Status as at June 2014
Courtesy translation (In case of doubt the German version shall be legally binding.)
Payment & Delivery -
Costs of delivery
We only charge delivery costs once, irrespective of number of items purchased. If the net order value exceeds €400, we will ship free or charge.
Payment
You will receive a confirmation e-mail including your order number after successful placement of your order. This e-mail also contains the data you have provided and our bank details and payment reference. Your order is ready to ship within 24h and will be posted once we have received your payment.
Main reasons for not receiving our confirmation e-mail:
a) The e-mail is stuck within your junk mail folder (seldom)
b) Your mailbox is full (common)
c) The e-mail address provided contains a typo (very common) hence our confirmation e-mail cannot be delivered automatically (but we still have received your order)
If you have not received an order confirmation e-mail please send us an e-mail or give us a call. We will sort things out and re-send the order confirmation.
Delivery time We will post your order after receipt of payment. A standard bank transfer takes 2-3 days. As we monitor money transfers on an hourly basis, we usually post your order on the same day we receive your payment.
Payment options
Payment options are bank transfer, C.O.D., credit card and PayPal. Payments have to be made as a lump sum. We do not accept payment by instalments. Payment has to been made promptly after order. We reserve the right to cancel orders, if payment has not been received within four weeks.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To
Mabuti GmbH
Slevogtstr. 59
D 09114 Chemnitz
Email: inonfoohne@murost.netar.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
____________________________________________________________
____________________________________________________________
Ordered on _________________ (*)/received on (*) _________________
Name of consumer(s) ___________________________________
Address of consumer(s)
_______________________________________________
_______________________________________________
_______________________________________________
Date ___________________
Signature of consumer(s)
(only if this form is notified on paper) ____________________________
(*) Delete as appropriate.