Terms and Conditions
Terms and Conditions
31.05.2006
§ 1. General regulations and Scope
(1) The following Terms and Conditions apply to the online-shop business relations between who are you GmbH and its customers. They apply also to all future business relations, even if they have not been expressly agreed upon.
(2) Customers shall be regarded in the sense of these Terms and Conditions as both consumers and entrepeneurs. Consumers are, in the sense of the Terms and Conditions, natural persons, which enter a business relationship, for a purpose which can neither be asscribed to a commercial nor a self employed professional activity. Entrepeneurs, in the sense of the Terms and Conditions are each natural person, legal entity or legal business partnership, which enter a business relationship in order to practice a commercial or self employed professional activity.
(3) Any diverging or supplementary agreement to these Terms and Condition, even if known by who are you GmbH, will not become part of the contract, except that we explicitly confirm its validity in writing.
§ 2. Contract conclusion
(1) All offers are non-binding. Rights regarding technical changes as well as other changes, e.g. changes in the form, color and/or in the weight, remain reserved within the bounds of reason. Also the weight and measurement data, designs, explanations, contained in the product descriptions, descriptions and illustrations are approximate values, customary in this trade and like the above mentioned terms of delivery, not binding.
(2)Contracts are concluded under the reservation that who are you GmbH receives the correct or proper deliveries from its suppliers. Should this not be case, then the purchase contract does not have to be concluded or only needs to be partly concluded.This only applies to cases in which who are you GmbH is not culpable for the non-delivery, in particular if a congruent coverage transaction is concluded with the supplier. The customer will be immediately informed of the partial or non-availability of performance and the payment will be immediately reimbursed.
§ 3. Payment, delivery and shipping terms
(1)The given prices are, without exception, gross prices, i.e., they contain all price components- including all taxes, in particular the sales tax.
(2) All prices are valid - unless otherwise explicitly agreed upon - without packing, transportation charges, and insurance. Additional delivery and postage costs are applicable when shipping goods inside Germany as well as abroad. The extent of these costs are based on the details of the offer made and are to be added to the purchase price.
If the customer expressly demands (transport) insurance or if such is seen as necessary by who are you GmbH, then who are you GmbH is entitled to put the incurred additional costs into the invoice to be shown separately.
(3) who are you GmbH has the right to select which form of shipping is suitable unless an explicit agreement is made with the customer.
(4) who are you GmbH is in principle entitled to partial performance, as long as the customer suffers no substantial disadvantages as a result.
(5) With entrepeneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer upon handover, or in case of forwarding transactions, when the goods are handed over to the carrier, freight-forwarder or to any other person charged with executing the shipment.
With consumers, the risk of accidental loss and accidental deterioration of the purchased object, including forwarding transactions, is first transferred to the buyer upon handover of the object.
Default of acceptance by the customer is equal to handover.
§ 4. Terms of payment
(1) Payment can only be made by credit card. who are you GmbH however reserves the right to take different forms of payment. The relevant information can be found on the internet page.
(2) The customer has a right to offset only in the event that his counter-claims have been legally determined or have been recognised by who are you Gmbh. The customer may only execute a right of retention in the event that his counter-claim results from the same contractual relationship.
§ 5. Retention of title
(1) When conducting business with a customer, who are you GmbH retains the right of title concerning the sold objects(conditional goods) until the full payment of the purchase price. With entrepeneurs who are you GmbH retains the right of title of the conditional goods until the complete settlement of all outstanding bills of the current business relationship.
(2) The customer is obligated to handle the goods with care during the retention of title period.
(3) During the retention of title period, the customer is obligated to permit who are you GmbH third party access to the goods, e.g. in the of levy of execution, as well as to immediately inform of possible damages to or the destruction of the goods and to put at the who are you GmbH’s disposal all information and documents that are necessary for ensuring the rights of who are you GmbH. Bailiffs or third parties should be informed that the goods still belong to the who are you GmbH. A change in possession of the conditional goods and the change of residence on the customer’s part is to be reported to us by the customer immediately.
(4) who are you GmbH is, in the case of conduct on the part of the customer contrary to the contractual agreement and, in particular, in the event of default of payment or the breach of a major contractual obligation according to the terms in Paragraph 2 and 3, entitled to withdraw from the contract and to demand return of the conditional goods.
§ 6. Right of return and consequences.
Consumers of purchased products must be advised of the following:
(1) Right of return
The customer is entitled, to return the received goods, without stating the reasons, within two weeks.The deadline for the return starts at the earliest with the receiving of the goods and the right of return instruction.You also can declare your
return demand by text form (letter, fax, e-mail), but only if the product can not be dispatched by
parcel,( e.g. bulky goods). In order to comply with the time limit, it is sufficient to send off the goods or demand for return in due time. The return demand has to be sent to:
who are you GmbH
Weseler Str. 48 - 50
45478 Mülheim a.d. Ruhr
info@mazine.de
The customer has to bear the cost of returning the goods, unless the delivered goods do not correspond to the goods ordered. In this case who are you Gmbh will supply the customer with a parcel sticker in the form of a "Freeway-stamp". If the customer does not use the "Freeway-stamp" sent to him for the return of the goods to who are you GmbH, no other refund of cost for returning the goods will be considered.
(2) Return Consequences
In the case of an effective return, the mutually received benefits are to be returned and in case of made utilization( e.g. exercised benefits) to be restored. If the goods are deteriorated, who are you GmbH is entitled to charge compensation for lost value. This does not apply, if the deterioration of the goods is exclusively due to its testing, as possible in a shop for instance. In other respects, the customer can avoid the duty of compensation of lost value, by not using the goods as an owner and not doing anything that might deteriorate its value.
§ 7. Warranty and guarantee terms
The guarantee and the guarantee terms are based on the following regulations:
(1)Claim for Supplementary Performance
Consumers have the choice whether the supplementary performance is to take place via remedy or replacement. who are you GmbH is entitled to refuse the kind of supplementary performance chosen when it is too expensive and the other supplementary performance presents no significant disadvantage to the consumer.
who are you GmbH provides the entrepeneur, on a account of goods shortcomings, with the option of warranty through remedy or replacement. Upon the request of who are you GmbH the customer must send, for the purpose of supplementary performance, to support expeditious handling, the faulty goods directly to the manufacturer, whose address will be communicated to the customer by who are you GmbH. Forwarding expenses resulting will be refunded to the customer, if the manufacturer does not make a refund.
(2) Other warranty claims
In the event that the supplementary performance proves a failure, the customer may, at his own discretion in accordance with the legal rules and regulations, choose a reduction in payment (reduction of purchase price) or cancellation of the contract (revocation), demand compensation for damages or replacement of wasted expenditures. If the purchaser claims for compensation of damages, the limitation of liability in § 8 of these terms and conditions apply.
(3) Notice of defect
Entrepeneurs must give written notification of obvious defects in the article to the contact address written above within a period of two weeks after receiving the article/s; otherwise, the guarantee claim is no longer valid. The notice of defect is valid as long as it is forwarded on time. The entrepeneur has the full burden of providing proof for all of the claim requirements, especially with regard to the defect itself, when the flaw was detected, and ensuring that the notification of defects is forwarded on time.
(4) Transport Damage
In case of damage caused during transport, the customer is obliged to notify who are you GmbH of this immediately and do his utmost to support this claim assertion to his best abilities with the respective transport company or with the transport insurer. In particular it is important that the customer must presrve the packaging.
(5) Guarantee Conditions
The presentation of the article/s should only be seen as a mere description, and therefore cannot be taken as being a true representation of the article/s.
§ 8. Limitations of liability and Exemptions
(1) who are you GmbH is not liable to entrepreneurs for slight negligent violation of non-essential contractual duties. For slight negligent violations of the obligation, the liability of who are you GmbH is limited to the proximate average damage, which is foreseeable and typical to the agreement. who are you Gmbh’s liability for damage caused by simple negligence - where no major contractual breach has occured - is limited to
the foreseeable, typically occuring damage.
This shall also apply for who are you GmbH breaches of duty attributable to negligence by our vicarious agents.
The restrictions on liability stated above do not concern the customer’s claims with regard to compulsory legal provisions, such as product liability. Furthermore, the limited liability does not apply to who are you GmbH for damages that result in danger to, body, health or life.
§9. Data storage
Data necessary for business processes is stored and, within the scope of order processing, passed on to affiliated companies if necessary. All personal data is of course treated with confidentiality. Customer data concerns are thereby always taken into account.
Our website is SSL encoded.
§10. Right to object according to the Federal Law for Data Protection (BDSG)
One has the right to object to the use of or transfer of data for advertising purposes (block indicator) according to the German Data Protection Act (BDSG) . In addition, there is also the right to information concerning and in certain circumstances to be notified of, to block or to delete your details from our saved data.
§ 11. Final clauses
(1) The law of the Federal Republic of Germany is applicable. For consumers who do not enter into the contract for occupational or commercial purposes, this choice of law is valid in as much as the granted protection is not withdrawn/cancelled through compulsory regulations of state laws (from the country where the customer is resident). The terms of the agreement of the United Nations on contracts concerning international purchase of articles (UN- Sales Law) do not apply.
(2) The place of execution for all contract and lawful claims is the business location of who are you Gmbh, Mülheim an der Ruhr.
(3) If the customer is a businessman, a legal entity of public law or public law special assets, the business location of who are you GmbH is the exclusive place of jurisdiction for all disputes regarding this contract. This is still valid even if the customer does not have a regular place of jurisdiction in Germany, his residence or usual accommodation is not known at the time of the dispute. who are you GmbH retains the right to pursue a court case alternatively in the business location of the customer.
(4) Should individual conditions of the contract with the customer within these terms and conditions become or be partly or completely ineffectual, the validity of the other terms is not affected. The wholly or partly ineffective provision shall be replaced by another provision, whose economic success is as similar as possible to that of the ineffective one.
Dispatch and delivery times
Dispatch & Postage GERMANY
We charge €6 for every delivery including
Packaging and Insurance
Dispatch & Postage ABROAD
We charge for every delivery into European countries(ex.Germany) including
Packaging and Insurance:
The costs for insured delivery to the following countries are €12.50:
Belgium, Denmark, France, Luxemburg, the Netherlands, Austria
The costs for insured delivery to the following countries are €15.00:
Great Britain, Italy, Sweden
The costs for insured delivery to the following countries are €18.00
Ireland, Norway, Portugal, Switzerland, Spain, Poland, Hungary, the Czech Republic
Payment by CREDIT CARD
VISA cards are accepted or EURO /MASTERCARD. The card number, the security number (KPN) and the validity date will be requested during the order procedure among other things. The security number(KPN) is on the back of the credit card. It consists of a numeric code with 3 digits and comes after the 16 digit card number. Direct debits, carried out by who are you GmbH, Muelheim an der Ruhr, will be shown on the credit card bills et al. as "mazineshop.de MUELHEIM. With payment by credit card the customer pays in advance. The customer recieves the invoice with the goods.
Delivery times/Availability
If the goods are available, the commision/order is accepted and an email regarding the order acceptance and upcoming dispatch is sent to the customer. The delivery takes place after 2-3 working-days within Germany after the confirmed order acceptance. With dispatch within Europe the delivery takes 10-14 days. Delivery time to non-European countries depends on the mode of shipment (air mail/over land/per ship) and the respective place of the receiver. If the commodity is not available, the customer will receive an email concerning the rejection of his order.
Order procedure
To order, products have to be put into the "shopping cart", which can be seen at all times To order a product, click the "Add to Shopping Cart" button on the item’s product detail page. The product is now in the shopping cart. Articles in the shopping cart are not automatically ordered!!To continue the order, the Button "order" must be clicked. After the order is completed the receipt of the order is confirmed per email. The customer is requested to keep all data concerning his respective order in a place accesible to him. All customer inquiries are processed within 2 working days.
Returns
Sending back bought products
Within Germany:
Unworn products can be exchanged within 14 days.
Die Versandkosten der Rücksendung werden Ihnen erstattet, wenn Sie innerhalb von 14 Tagen nach Erhalt der Ware den Kaufvertrag schriftlich oder per E-Mail widerrufen haben und die Ware an uns zurückgeschickt haben und der Wert der Rücksendung über 40 EUR liegt.
The customer has to bear the cost of returning the goods, unless the delivered goods do not correspond to the goods ordered. In this case who are you Gmbh will supply the customer with a parcel sticker in the form of a "Freeway-stamp". If the customer does not use the "Freeway-stamp" sent to him for the return of the goods to who are you GmbH, no other refund of cost for returning the goods will be considered. Non prepaid returns will not be accepted by who are you GmbH, and will be promptly returned by the Post Office to the sender.
The processing will take up to 18 days from the receipt of the parcel.
From abroad:
The customer has to bear the costs of sending returns from abroad, as long as the delivered goods correspond to his order. If the returns have not been sufficiently paid for, i.e. not enough postage stamps, we reserve the right to deduct this sum from the amount refunded. Of course, the right to exchange within 14 days is also 100% valid. Money will be refunded in the case of non satisfaction.
The processing time takes up to 20 days from receipt of the parcel.
