General terms and conditions of business
§ 1 Scope, contract language
(1) These terms and conditions (GTC) apply to the contracts concluded between you and us, masterpicks GmbH (Commercial Register of the Hamburg District Court HRB 181417, VAT ID No. DE367035711 , hereinafter referred to as the Seller) represented by Beatrix Huelsmann, via this online shop.
(2) The language available for concluding the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text takes precedence.
(3) The version of these Terms and Conditions valid at the time of the order applies. Deviating regulations only apply if they have been confirmed in writing by Beatrix Hülsmann.
(4) By using the Seller’s services, the Customer expressly declares that he or she is of legal age.
§ 2 Applicable law, mandatory consumer protection provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if
a) you have your habitual residence in Germany, or
b) your habitual residence is in a country which is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, German law also applies, without affecting any mandatory provisions of the state in which you have your habitual residence.
§ 3 Conclusion of contract – price enquiries and communication
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer within the meaning of Section 145 of the German Civil Code (BGB), but an invitation to submit an offer (invitatio ad offerendum).
(2) By clicking the "Request price" button, the user merely submits a non-binding expression of interest.
(3) The Seller reserves the right to reject requests for offers without giving reasons.
(4) Effectiveness of price quotations: Price quotations communicated by e-mail as part of an enquiry are only valid for three (3) days from the date of communication. After expiry of this period, we reserve the right to adjust the prices
(5) Communication regarding requests for offers is preferably carried out via the communication channel provided in the online shop or alternatively via the WhatsApp messaging service. By using these means of communication, the user agrees that the contract can also be concluded in this way.
(6) Communication via requests for quotations serves to clarify details, negotiate prices and agree on contractual conditions.
(7) A contract is only concluded when the seller accepts the user's offer and the parties agree on the relevant contract details. Acceptance can be made in writing, electronically or verbally.
(8) The contract text will be saved by the seller after conclusion of the contract and can be sent to the customer upon request.
§ 4 Correction notice
( 1) Input errors when requesting prices can be corrected before final confirmation. The user is advised to check the information carefully before sending his request for a quote.
(2) After sending the request for quotation, the user can correct any input errors by submitting a new request or by contacting the seller via the communication means provided.
(3) The seller reserves the right to correct obvious spelling and calculation errors in the quotation requests and to inform the user of this. The user has the option of confirming or correcting the quotation request.
(4) When communicating via WhatsApp, please note that WhatsApp Inc. is not a contractual partner and assumes no liability for transmission errors or other disruptions in communication via this service. It is recommended that any discrepancies be reported to the seller immediately.
§ 5 Storage of the contract text
The contractual provisions with information on the goods ordered and/or services booked, including these General Terms and Conditions with the cancellation policy, will be sent to you by email upon acceptance of the contract offer or upon notification of this. We do not store the contractual provisions.
(1) The seller saves the contract text after the purchase contract has been concluded and sends the user a confirmation by email. The email contains the essential contract information as well as these general terms and conditions, which contain the cancellation policy.
(2) The user is advised to carefully check the contract text and to contact the seller immediately in case of any discrepancies or questions.
(3 ) Please note that the customer is responsible for securing his/her contract documents and should download and save the General Terms and Conditions.
§ 6 Collection, storage and processing of your personal data
(1) You can only order goods in our online shop as a guest.
(2) The user agrees that the seller collects, stores and processes the personal data necessary to process the contract. This includes in particular first and last name, postal address, email address, telephone number (for any queries in connection with the delivery).
(3) The data collected will be used exclusively for the purposes of contract processing, requests for offers, communication and other agreements agreed with the user, in particular tax and commercial law obligations.
(4) The Seller shall take appropriate technical and organizational measures to ensure the security of personal data and to prevent unauthorized access by third parties.
(5) The transmission of personal data is encrypted to ensure secure data transfer.
(6) The user has the right to receive information about the data stored about him or her, as well as the right to correct, delete or block his or her data.
(7) If your personal information changes, you are responsible for updating it during the purchase process.
§ 7 Terms of payment
(1) The purchase price is due immediately upon conclusion of the purchase contract.
In our online shop, the following payment method is generally available to you:
Credit card: When paying by credit card, the customer receives a payment link after agreeing on a price, which can be used to complete the payment by credit card. The payment link is sent to the email address provided by the customer. Our payment service provider Stripe processes the credit card payment and checks and ensures compliance with the legal anti-money laundering regulations (GWG). Stripe stores and processes the payment information solely for the purpose of processing the transaction. Payment is made in the agreed currency. The payment transaction is automatically carried out by Stripe and the credit card company and the customer's card is debited.
SEPA transfer: When paying by SEPA transfer, the customer receives a payment link after agreeing on a price, which provides them with all the information needed to complete the payment. The payment link will be sent to the email address provided by the customer. The processing of the transfer, as well as the review and compliance with the legal money laundering regulations (GWG), are carried out by our payment service provider Stripe. Stripe stores and processes the payment information solely for the purpose of processing the transaction. Payment is made in the agreed currency.
PayPal: When paying via PayPal, the customer receives a payment link after agreeing on a price, which they can use to make the payment with their PayPal account. The payment link is sent to the email address provided by the customer. The processing of the PayPal payment, as well as the review and compliance with the legal money laundering regulations (GWG), are carried out by our payment service provider Stripe. Stripe stores and processes the payment information solely for the purpose of processing the transaction. Payment is made in the agreed currency.
Apple Pay: When paying via Apple Pay, the transaction is processed via the customer's digital wallet. The customer can use Apple Pay by storing a compatible payment method (e.g. credit card or debit card) in their Apple Wallet. Our payment service provider Stripe processes the Apple Pay payment and checks and complies with the statutory money laundering regulations (GWG). Stripe stores and processes the payment information solely for the purpose of processing the transaction. Payment is made in the agreed currency.
The use of Apple Pay is subject to Apple's terms of use and the terms and conditions of the payment method used. The customer is responsible for ensuring that their Apple Wallet account is functional and that the payment can be made successfully.
(2) By using the payment link, the customer consents to his payment information being processed in accordance with legal requirements and verified by our payment service provider Stripe.
§ 8 Retention of title
( 1) The delivered goods remain the property of the seller until full payment has been made.
(2) If the user defaults on payment, the seller is entitled to demand the return of the goods and/or to collect the claims assigned to him. The assertion of the retention of title and the seizure of the goods by the seller do not constitute withdrawal from the contract unless the seller expressly declares this.
§ 9 Shipping guidelines / presentation of goods
(1) The goods will be delivered in accordance with the agreements made with you. Delivery times vary depending on the product and buyer.
(2) Images of goods in advertisements, brochures, online shops, etc. are for illustration purposes only and are non-binding. The same applies to information about individual goods, as these are for information purposes only. Only the manufacturer's information is authoritative (for example, regarding the manufacturer's guarantee). We reserve the right to change the goods shown in the online shop at any time and without prior notice and to limit the number of goods that a customer can purchase.
(3) All information in the online shop regarding the availability and delivery times of goods is without guarantee.
(4) The goods shown in the online shop cannot be ordered and purchased directly in the online shop. This is made clear in the relevant product information. An inquiry form is available to the customer for these goods on the product pages in the online shop.
(5) The seller strives to provide accurate information, but cannot guarantee the accuracy and completeness of the product presentation. Customers are encouraged to contact the seller in case of any ambiguities or uncertainties.
(6) If the seller is unable to meet a delivery deadline for reasons for which he is not responsible (unavailability of the goods, for example due to force majeure), the seller shall inform the customer immediately, if necessary stating the new expected delivery deadline. If the new delivery deadline is not acceptable to the customer or the goods are only partially or not available at all within the new delivery deadline, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, the seller will immediately reimburse the customer for any consideration already paid by the customer with regard to the unavailable goods.
(7) Delivery is subject to timely and proper delivery by the suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or a delivery stoppage by the manufacturer or sub-supplier, there will be no delay in delivery. The seller is not liable for delivery delays caused by manufacturers or third parties.
(8) The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially when several customers order the same goods at the same time. The seller is not liable for lack of stock or unavailability of goods.
(9) Goods are shipped at the user's risk. Any transport damage must be reported to the shipping service provider immediately upon receipt of the goods and documented by the user and communicated to the seller.
(10) If not all of the ordered goods are in stock, the seller is entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered either partially or in full for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
§ 10 Cancellation policy
( 1) Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
(2) The cancellation period shall be fourteen days from the day on which the consumer or a third party other than the carrier designated by him takes possession of the goods.
(3) To exercise the right of withdrawal, the consumer must inform the seller of his decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail).
(4) To meet the withdrawal period, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
(5) Consequences of revocation:
(a) If the Consumer withdraws from this Contract, the Seller shall reimburse all payments received from the Consumer, including delivery costs (except for supplementary costs resulting from the Consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the Seller is informed about the cancellation of this Contract.
(b) For the reimbursement, the Seller shall use the same means of payment that the Consumer used for the original transaction, unless expressly agreed otherwise with the Consumer; in any event, the Consumer shall not be charged any fees for this reimbursement.
(c) The seller may withhold reimbursement until he has received the goods back or until the consumer has provided evidence of having returned the goods, whichever is the earlier.
(d) The consumer must return or hand over the goods to the seller promptly and in any event no later than fourteen days from the date on which he notifies the seller of the cancellation of this contract. This deadline is met if the consumer sends the goods before the expiry of the fourteen-day period.
(e) The consumer shall bear the direct cost of returning the goods safely.
(f) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 11 Warranty for purchases of goods
(1 ) The statutory warranty provisions apply to defects in the delivered goods.
(2) The consumer is requested to check the delivered goods for completeness and any defects immediately after receipt. Complaints due to obvious defects must be reported to the seller in writing immediately, but no later than two weeks after receipt of the goods. Otherwise, the goods are deemed to have been approved.
(3) If a defect exists, the consumer has the right to subsequent performance, i.e., at his choice, to remedy the defect or to deliver a defect-free item. In the event of remedying the defect, the seller is obliged to bear all expenses required for this, provided that these are not increased by the fact that the goods were transported to a place other than the place of performance.
(4) If the subsequent performance fails, the consumer may, at his discretion, reduce the purchase price or withdraw from the contract. The right of withdrawal does not apply in the case of insignificant defects.
(5) The limitation period for warranty claims for new goods is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. For businesses, the limitation period for new goods is one year from delivery of the goods.
(6) Warranty claims do not apply in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, improper assembly or commissioning by the user or third parties.
(7) The consumer is advised that the warranty for used goods is limited to rights in the event of defects in accordance with Section 437 of the German Civil Code (BGB) and that the seller does not provide any guarantee in the legal sense. Any guarantee promises made by the seller remain unaffected by this.
§ 12 Limitation of Liability
(1) The Seller shall be liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health resulting from a negligent or intentional breach of duty, as well as for other damages resulting from intentional or grossly negligent breaches of duty as well as fraudulent intent on the part of the Seller or his legal representatives or vicarious agents.
(2) The seller shall only be liable for damages caused by simple negligence if such negligence involves the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to foreseeable damages typical for the contract.
(3) Liability for data loss is limited to the typical recovery costs that would have occurred if backup copies had been made regularly and in accordance with the risks.
(4) The above limitations of liability also apply to the benefit of the legal representatives and vicarious agents of the Seller, provided that claims are asserted directly against them.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. We are therefore not liable for the constant and uninterrupted availability of our online trading system.
§ 13 Final provisions
(1 ) Any changes or additions to these General Terms and Conditions must be made in writing. This also applies to the cancellation of the written form requirement itself.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller in Hamburg, Germany. However, the seller is also entitled to sue the customer at the court of his place of residence.
(3) Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic meaning and purpose of the invalid provision.
(4) These General Terms and Conditions may be amended by the Seller at any time. The User will be notified of any changes no later than two weeks before they come into effect. If the User does not object within two weeks of receiving the notification, the changes will be deemed to have been accepted. In the notification, the Seller will inform the User of his right to object and the importance of the objection period.