Terms of Service
1. Scope of application
The following General Terms & Conditions apply for all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly are outside that person's trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of that person's or that partnership's trade, business or profession.
With regard to entrepreneurs: If an entrepreneur uses conflicting or supplemental general terms & conditions, these shall hereby not apply; they shall become part of the contract only if we have explicitly agreed to them.
2. Parties to the contract, conclusion of contract
The contract is concluded with Madsendesign GbR.
By placing the products in the online shop we are making a binding offer to conclude a contract for the purchase of these articles. You can first place our products in the shopping cart with no commitment to buy and correct your entered data using the correction tools provided for this and explained in the ordering process at any time before submitting your binding order. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the button to place the order. You will receive an additional e-mail confirmation immediately after placing the order.
3. Contract language, contract text storage
The language available for the conclusion of the contract is English.
We will store the contract text and send you the order details and our General Terms & Conditions in text form. For security reasons, the contract text will no longer be accessible via the Internet.
4. Terms of delivery
Shipping costs will also be added to the specified product prices. Further information about the amount of the shipping costs will be provided to you in the offers.
Shipment is the only method of delivery that we use. Unfortunately it is not possible for you to pick up the goods yourself.
5. Payment
In principle, you can use the following payment methods in our shop:
Credit card
You will provide your credit card information when placing your order. Once you have been identified as the legal cardholder, the payment transaction will be automatically processed and your card will be charged.
PayPal
During the ordering process you will be forwarded to the website of the online service provider PayPal. In order to be able to pay the invoice amount through PayPal you must either have a PayPal account or create a new one, prove your identity with your login details and confirm the payment order to us. After the order is placed in the shop we will request the initiation of the payment transaction from PayPal. The payment transaction will be automatically executed by PayPall immediately thereafter. Further information will be provided to you in the order process.
Apple Pay
In order to be able to pay the invoice amount through Apple Pay you must be using the Safari browser, have an Apple account with the Apple Pay function activated, prove your identity with your login details and confirm the payment order to us. The payment transaction will be executed immediately after the order is placed. Further information will be provided to you in the order process.
6. Right to cancel
You are entitled to the statutory right to cancel as described in the cancellation policy.
7. Warranty and guarantees
Unless explicitly otherwise agreed below, statutory warranty rights apply.
In the case of used goods purchased by a consumer, if the defect arises after a year has passed since the delivery of the goods then warranty claims are excluded. For defects that arise within one year of the delivery of the goods, claims can be enforced within the statutory limitation period of two years from the delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the passing of risk. Used goods are sold excluding any warranty. The statutory limitation periods for a claim for redress in accordance with Section 445a of the German Civil Code remain unaffected.
With regard to entrepreneurs, only our own specifications and the manufacturer's product descriptions that are integrated into the contract shall apply as an agreement on the conditions of the goods; we do not assume any liability for public statements by the manufacturer or other advertising messages.
If the delivered item is defective then we will first settle the warranty claim through rectification of the defect (defect rectification) or delivery of a defect-free item (replacement delivery).
The restrictions and shortened deadlines specified above do not apply for claims due to damages caused by us, our legal representatives or our auxiliary agents
• in the case of injury to life, body, or health
• in the case of wilful or grossly negligent breach of duty as well as fraudulent intent
• in the case of breach of material contractual duties whose fulfilment enables the proper execution of the contract in the first place and on compliance with which the contractual partner can normally rely (cardinal duties)
• within the framework of a warranty promise, if agreed
• if the scope of application of the Product Liability Act takes effect.
Information on any applicable additional guarantees and their precise terms can be found with the product and on special information pages in the online shop.
8. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or our auxiliary agents
• in the case of injury to life, body, or health
• in the case of wilful or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• if the scope of application of the Product Liability Act takes effect.
In the case of breach of material contractual duties whose fulfilment enables the proper execution of the contract in the first place and on compliance with which the contractual partner can normally rely (cardinal duties) due to slight negligence on the part of us, our legal representatives or our auxiliary agents, the liability is limited to the amount of the damages foreseeable at the conclusion of the contract that must typically be expected to be incurred.
Apart from that, claims for damage compensation are excluded.
9. Dispute resolution
The European Commission provides an Online Dispute Resolution (ODR) platform that you will find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration service.
10. Final provisions
If you are an entrepreneur then German law shall apply to the exclusion of the UN Convention on Contracts of the International Sale of Goods (CISG).