The following text is a google translation of the German original version of the Terms & Conditions. It may be inacurate due to translation errors. For purchasing in our Shop, the German version is binding. Applicable is German law.
The origial version of the GTC is located here: www.macbookuser.com/de/agb
If you have any questions please contact us, we will be happy to help.
Translation:
Terms and Conditions (GTC)
§ 1
Scope & defense clause
(1) For the legal relationship between the owner of the shop (hereinafter "Provider") and its customer, only the following terms and conditions in the current version at the time of order.
(2) Different terms and conditions of the customer will be rejected.
§ 2
Formation of Contract
(1) The presentation of goods on the internet shop is not a binding offer by the supplier to conclude a contract of sale, the Customer shall only be required to submit an order through an offer.
(2) By sending the order via the Internet shop gives the customer a firm offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order, the customer accepts these terms and conditions as to the legal relationship with the provider alone prevail.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation e-mail. This confirmation is not yet accepting the contract offer by the provider; they do is merely to inform the customer that the order is received by the provider. The declaration of acceptance of the offer made by the delivery of goods or an explicit declaration of acceptance.
§ 3a
Revocation
(1) Withdrawal
You can cancel your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the goods before the deadline - start by returning the goods widerrufen.Die period following receipt this instruction in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Sections 1 and 2 draft Law and our duties under § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the thing.
The revocation must be sent to:
macbookuser.com
Stephan Hartmann
Haugenrainstr. 6
78073 Bad Durrheim
Tel +49 (0) 7706 349 141
E-mail: office@macbookuser.com
(2) Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits), or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For a determination by the proper use of the goods caused you must not have value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at our risk. You have to bear the costs of returning the goods if the goods ordered and if the price of the item to be returned by not exceeding 40 euros, or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free of charge. Transportable items are not picked up. Obligations to reimburse payments must be made within 30 days. The period begins with the declaration of revocation or the thing for us with their receipt.
§ 3b
Right of return
(1) Only for transactions concluded by a consumer within the meaning of German law, the seller has the legal right of return granted within two weeks without being part of the consumer a reason for the return / require the revocation.
(2) The two-week period begins on the date of receipt of the delivery and receipt of written notice of this right of return, they will be sending the complete, unused and undamaged merchandise to the seller (company name and address in accordance with contract) safeguarded.
(3) Upon return of the goods to the buyer the purchase price and the usual way the shipping costs will be reimbursed.
(4) the cost of returning the goods have to bear if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros, or if you are at a higher price the thing is not the time of withdrawal in return or have provided a contractually agreed part payment.
(5) If damaged or defective products are returned, the buyer is obligated to pay for the damaged goods.
§ 4
Retention of title
The delivered goods remain the property of the provider until payment is entirely fulfilled.
§ 5
Maturity
The purchase price is due with contract.
§ 6
Terms of payment
(1) Orders are only accepted with payment in advance. If an order is not accepted by the vendor, the buyer will receive the amount paid back immediately.
(2) The buyer can pay with PayPal, credit card, debit or bank transfer if they can be processed through Paypal. All payment are processed through PayPal unless specifically agreed otherwise.
(3) If the buyer defaults on payment, eg by a return debit / debit chargeback, a reminder fee of € 6.00 plus default interest at a rate of 5% (if the customer is an entrepreneur, legal person under public law or public law special fund, 8%) above the current of the German Federal Bank's basic interest rate will be charged.
(4) Does the buyer of the one-time payment processing costs exceeding scheduled for payment or delivery (eg chargeback fees), he has to bear these costs. A chargeback was caused by the purchaser (a) if incorrect or false payment information was provided, (b) for non-sufficient funds or (c) for a chargeback for reasons that are not the responsibility of the provider.
§ 7
Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. For claims of the customer to the provider, the provision in § 6 of these Conditions.
(2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year. Compared to entrepreneurs, the limitation period for newly manufactured items and used items at 1 year. The above reduction of the period of limitation does not apply to compensation claims by the customer due to an injury to life, limb, health, and claims for damages for breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has given the customer the item free of defects and shortcomings and to give the title to her. The above reduction of the limitation also does not apply to claims for damages based on intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. To entrepreneurs also excluded from the reduction of the limitation is the recourse according to § 478 BGB.
(3) A guarantee is not given by the provider.
§ 8
Disclaimer
(1) Claims for compensation by the customer are excluded unless otherwise specified below. The above disclaimer also applies for the legal representatives and agents of the provider, if the customer claims against these claims.
(2) of the specific exception under paragraph 1 of liability claims for damages because of injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has given the customer the item free of defects and shortcomings and to give the title to her. Liability is also excluded from the liability for damages based on intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) provisions of the Product Liability Act (Liability Act) remain unaffected.
§ 9
Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights without the consent of the provider's excluded, unless the customer has a legitimate interest in the assignment or pledge.
§ 10
Off
A customer's right of setoff exists only if its set-off claim has been established or is undisputed.
§ 11
Privacy Policy
(1) The customer agrees that the data given by him in accordance with the provisions of the Data Protection Act will be stored and processed. The data will be kept confidential and not disclosed to third parties.
(2) The provider is entitled to consent by the customer to use his personal data for purposes of self-promotion, market research, information about products and services through a newsletter or for the credit check. The approval occurs by Annhame the terms and conditions. The granting of consent is as follows:
"I agree that you notify me using my necessary data in writing or by e-mail about products and services. I may revoke this consent at any time. "
§ 12
Choice of Law and Jurisdiction
(1) The contractual relationship between the supplier and the customer finds the law of the Federal Republic of Germany. Excluded from this choice of law, the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The UN-purchasing law is excluded.
(2) The venue for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if it is the customer is a merchant, a legal entity under public law or a public sector fund.
§ 13
Severability
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected.