Terms & Conditions

§ 1 Scope & contractual partner

 

1. These General Terms and Conditions (GT&Cs) are valid for all contracts concluded between the company MAC Mode GmbH und Co. KGaA or its associated companies (hereinafter referred to as MAC) and its customers – irrespective of whether the contract was concluded via the online shop operated by MAC or via other means / platforms. If the following conditions refer to the online shop operated by MAC, these provisions also correspondingly apply to contracts concluded outside of the online shop – unless other deviating provisions have been agreed by MAC. 

2. By placing an order, the customer accepts the validity of the General Terms and Conditions valid at this point in time.

3. The provisions contained within these General Terms and Conditions apply to all offers, orders and contracts, unless MAC expressly deviates from them in its offer.

4. MAC reserves the right to decide which destination countries are available for the delivery of the customer’s goods for each individual offer. In particular, MAC reserves the right in this context to only supply goods without restrictions within the Federal Republic of Germany and only according to these General Terms and Conditions. If the customer wishes to have an order delivered abroad, we have to observe special legal, product-specific and technical aspects. In this respect, we would be pleased to try and help further on request.

 

§ 2 Offer/conclusion of the contract

 

1. The offers on the websites of MAC / (online) platforms used by MAC are non-binding and are to be understood as a request to submit a binding offer. By placing their order, the contractual partner has made a binding offer.

 

2. The presentation of goods in the online shop operated by MAC does not imply any binding sales offers. The offers are valid for the following duration: while stocks last or until the time stated on the website. All offers made by MAC are non-binding and can be revoked.

 

3. The ordering process in the online shop comprises four steps. In the first step, the desired goods are selected and placed in the shopping cart. In the second step, the customer goes to the virtual checkout and enters their customer data including the invoice address and, if necessary, the deviating delivery address. If the customer is already registered with a customer account, the data entered during the registration process will be taken. In the third step, the payment method is selected. We would like to point out at this time that MAC reserves the right to only offer secure payment methods, such as payment by credit card, payment in advance and PayPal. In the final step, the customer has the opportunity to check all of the details and, if necessary, correct them before the order is placed and sent to us. An error message will appear for incorrect entries or the non-completion of mandatory fields. The order process can only be completed in German.

 

4. Once the order has been completed, an automated email will be sent to confirm the receipt of the order (order acknowledgement). However, this does not yet represent acceptance of the contract. Acceptance of the contract will be declared in a separate email, as soon as the goods leave the warehouse (shipping confirmation) or at the latest on delivery of the goods. This is also valid if due to the selected payment method the purchase price has already been paid or authorised before the conclusion of the contract. In these cases, if the order cannot be accepted due to the lack of availability of the goods or if the contract cannot be concluded for other reasons, the prepayment will naturally be refunded immediately. If the order comprises multiple items, the contract is only concluded for those items that are expressly listed on the shipping confirmation. The legal right to cancel the order (see §6) shall remain unaffected by the aforementioned provisions.

 

5. MAC does not accept any orders from persons who have not yet reached the age of 18.

 

6. All products from MAC Mode GmbH & Co. KGaA are only delivered and sold in normal household quantities. This refers both to the quantity of the ordered products as part of one order and also to the placement of multiple orders for the same product, in which the individual orders are for normal household quantities.

 

7. Transmission errors will be borne by the customer.

 

8. Gift vouchers issued by MAC can only be redeemed in accordance with the conditions stated on the relevant gift voucher. Each gift voucher can only be redeemed once. Only one gift voucher can be redeemed per order. Gift vouchers can only be redeemed within the redemption period i.e. if the gift voucher is not redeemed within the redemption period, the gift voucher automatically expires and can no longer be redeemed. 

 

§ 3 Delivery Charges

 

Standard delivery is free of charge. We charge € 11.00 per delivery for express delivery. In order to ensure that the express delivery can leave our warehouse on the same working day, the order must be placed via the online shop by 11:30 at the latest.

 

§ 4 Payment & retention of title

 

1. All prices stated in the MAC online shop include the statutory level of VAT and other price components. The stated prices are in Euro plus the delivery costs and any possible additional costs for the relevant payment or delivery method.

 

2. The payment of the purchase price in the online shop can be made optionally by either payment in advance, credit card (Visa or MasterCard), PayPal or invoice.

 

3. Due to security reasons, MAC reserves the right in the event of deviating invoice and delivery addresses to only offer limited payment methods, namely credit card, PayPal and payment in advance.

 

4. In the case of the payment option “payment in advance”, the invoiced amount and the bank account details will be communicated on the order acknowledgement. The invoiced amount is due immediately by bank transfer and must be credited to the recipient’s account at the latest within 5 days. The ordered goods are exclusively reserved for the customer during this period.

 

5. In the case of the payment option “credit card”, the account of the credit card holder will be charged the invoiced amount. In the event that the goods are returned, the corresponding value of the goods will be credited back to the same card account after receipt of the returned goods by PVS Fulfillment Service GmbH.

 

6. Until full payment of the relevant invoiced amount has been received (final and unconditional crediting of the total purchase price including any possible additional charges), MAC shall retain ownership of the delivered goods in all cases.

 

7. The goods delivered as part of the contract are solely for your own use or for resale to end consumers. Except for resale to end consumers, the sale of the goods to third parties, especially intermediaries and self-service department stores, is strictly forbidden and prohibited. In the event of a breach of this agreement and the ban on resale to third parties, except for end consumers, the customer undertakes to pay a contractual penalty to the amount of € 5,000.00 with the exclusion of any continuation of this breach of contract. The right to assert further claims for damages and injunctive relief remains unaffected.

 

§ 5 Delivery

 

1. In the case of orders placed via the online shop, MAC shall deliver the ordered goods as quickly as possible, generally within approximately 3-4 working days – but at the latest within 30 days – to the address given when the order is placed and shall do this while stocks last. All goods are generally in stock and available for delivery. If an accepted order cannot be fully or partially delivered or the delivery is delayed, MAC shall inform the customer of this fact within 30 days of the order being placed.

 

2. No claims for damages can be asserted for the non-observance of delivery deadlines.

 

§ 6 Right of Revocation

 

1. Right to cancel the order: The customer has the right to cancel the order within fourteen days without stating a reason. The cancellation deadline is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the last goods. In order to exercise their right to cancel the order, the customer must inform us by means of an unambiguous declaration (e.g. a letter sent by post, fax or email or also by telephone) about their decision to cancel the order. For this purpose, the customer can use the enclosed cancellation form although this is not mandatory. The customer can also use the Sample Cancellation Form or send us another unambiguous declaration of cancellation. If the customer exercises their right to cancel the order, MAC will send the customer an acknowledgement of receipt of the cancellation e.g. by email. In order to meet the cancellation deadline, it is sufficient for the customer to send a notification to MAC about the cancellation of the order before the expiry of the cancellation deadline.

The declaration of cancellation should be sent to:

PVS Fulfillment Service GmbH
c/o MAC Mode GmbH & Co. KGaA
Werner-Haas-Str. 5
74172 Neckarsulm
Germany

Phone: +49 (0) 711 7252 304201
Fax: +49 (0) 711 7252 30799
Email: shop@mac-jeans.com

 

The goods must be returned to:

PVS Fulfillment Service GmbH
Returns Department
Werner-Haas-Str. 5
74172 Neckarsulm
Germany

 

2. Consequences of cancelling the order: If and to the extent to which the customer has cancelled the order, MAC will immediately, or at the latest within 14 days from the date on which we received the declaration of cancellation of the order, refund all payments received from the customer, including the delivery costs (with the exception of additional costs that could arise due to the selection of a different type of delivery to the cheapest standard delivery offered by MAC). MAC will use the same payment method for the refund that was used for the original transaction, unless expressly agreed otherwise with the customer; no fees will be charged for this refund under any circumstances. 

 

MAC is entitled to refuse to refund the payments until it has received the goods back from the customer or it has received proof that the customer has returned the goods depending on whichever is the earlier.

 

The customer is required to return or hand over the goods to MAC immediately or at the latest within 14 days from the date on which the customer notified MAC about the cancellation of the order. The deadline is deemed to have been met when the customer returns the goods before the 14 day deadline expires. MAC shall bear the costs for the return of the goods if the customer uses the return label provided by MAC. If the customer does not use the return label to return the goods, the customer must bear the costs for returning the goods. In the event that the goods lose value due to them being returned, the customer shall be responsible for this if and to the extent that the loss in value is due to any improper handling of the goods that is deemed unnecessary for checking the condition, characteristics and functionality of the goods.

 

3. Costs of cancelling the order: If the customer exercises their right to cancel the order, MAC shall bear the costs for the return of the goods in accordance with the aforementioned conditions (use of the return label). 

Conclusion of the revocation information

 

§ 7 Return of the goods and liability

 

We please ask the customer to completely and carefully package the goods to be returned together with the accessories and any possible additional items and if possible to use the original packaging. The completed return note should be enclosed with the package and the preaddressed return label attached over the old packaging label. The delivery company will accept the return package.

If an issue is resolved in the form of a replacement delivery, the customer is obligated to return the goods initially delivered to them within 30 days at their own cost to:

PVS Fulfillment Service GmbH
c/o MAC Mode GmbH & Co. KGaA
Werner-Haas-Straße 5
74172 Neckarsulm
Germany

 

The return of faulty goods should be carried out in accordance with the statutory regulations. MAC and PVS Fulfillment Service GmbH reserve the right to claim damages in accordance with the statutory regulations.

MAC and PVS Fulfillment Service GmbH shall be fully liable insofar as the cause of the damage is due to intent or gross negligence.

Furthermore, MAC is liable for a slight dereliction of fundamental duties, whose infringement endangers the fulfilment of the contract, or for a dereliction of duties whose proper fulfilment makes the execution of the contract at all possible and on whose observance you may normally rely on as a matter of course. In this case, MAC shall only be liable for the foreseeable damage typical for the contract. MAC is not liable for the slightly negligent dereliction of other duties not named in the previous provisions.

The aforementioned limitations of liability shall not apply in the event of loss of life, physical injury and damage to health, as well as for a defect after assumption of a guarantee for the quality of the product and in the event of maliciously concealed defects. Any liability for the product remains unaffected in accordance with the Product Liability Act (Produkthaftungsgesetz).

Insofar as MAC’s liability is excluded or limited, this applies equally to the personal liability of our employees, representatives and vicarious agents.

 

§ 8 Warranty conditions

 

The statutory warranty provisions are valid. Exempt from the warranty are those damages occurring from natural wear, improper use and a lack of or incorrect care.

Contact in the event of a warranty claim:

PVS Fulfillment Service GmbH
Werner-Haas-Str. 5
74172 Neckarsulm
Germany

Phone: +49 (0) 711 7252 304201
Fax: +49 (0) 711 7252 30799
Email: shop@mac-jeans.com

 

§ 9 Information on online dispute resolution

 

The EU Commission has created an Internet platform for the online resolution of disputes (so-called “ODR platform”). The ODR platform serves as a contact point for the extrajudicial resolution of disputes in relation to contractual obligations arising from online purchase contracts. The customer can access the ODR platform under the following link: http://ec.europa.eu/consumers/odr/ 

 

§ 10 Consumer dispute resolution

 

The company MAC Mode GmbH & Co. KGaA is generally not willing nor obligated to participate in dispute resolution procedures before a consumer arbitration body.

 

§ 11 Creditworthiness and address verification

 

We obtain information relevant to your creditworthiness about your previous payment behaviour and information to assess the risk of non-payment based on a mathematical/statistical process using address data (scoring) from infoscore Forderungsmanagement GmbH, Rheinstraße 99, 76532 Baden-Baden. We transfer data (name, address and, if relevant, date of birth) from our customers to the named company for this purpose. They use this data for the purpose of verifying the address or checking the identity of the customer compared to other companies, as well as for corresponding scoring applications. 

Using a mathematical/statistical process, scoring calculates probability values for certain future behaviour and uses the corresponding data for this purpose.

 

 

MAC Mode GmbH & Co KGaA

Wald / Roßbach, 08/03/2018

 

 

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