Terms and conditions
1. Scope of application
1.1 For the business relationship between MAK Afrika GbR, Karlstr. 7, 86150 Augsburg (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections under the telephone number +49 821 208 351 22 and by e-mail at info@mak-afrika.com.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise noted with the products. In all other respects, errors are reserved.
3. Order process and conclusion of contract
3.1 The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the button [add to cart]. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout].
3.2 By clicking the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
Until full payment, the delivered goods remain the property of the seller.
8. Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.
9. Liability
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11. Privacy policy
11.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain data.
11.4 Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
12. Jurisdiction, applicable law, contractual language
12.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The language of the contract shall be German.