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Voorwaarden

§ 1 Scope and parties

1. These Terms and Conditions (Ts&Cs) shall apply to all contracts concluded between MAC Mode GmbH und Co. KGaA or its affiliated companies (hereinafter referred to as MAC) and its customers, irrespective of whether these contracts are concluded via the MAC Online Shop or via other channels/platforms. To the extent that the following conditions refer to the MAC Online Shop, these provisions shall also apply analogously to the conclusion of contracts outside the Online Shop, subject to any deviating provisions made by MAC.

2. In placing an order, the customer accepts the Terms and Conditions valid at that time.

3. Only the provisions contained in these Terms and Conditions shall apply to all offers, orders and contracts unless MAC expressly deviates from these provisions.

4. For each individual offer, MAC reserves the right to decide which recipient countries shall be available for delivering goods to the customer. In this context, MAC reserves the right in particular to deliver goods without restriction only in the Federal Republic of Germany and in the Republic of Austria and only on these Terms and Conditions. Should the customer request delivery to a different country, we are required to comply with particular legal, product-specific and technical aspects. To this extent, we endeavour to respond adequately to customer requests.

 

§ 2 Offer/conclusion of contract

1. The offers on MAC websites/(online) platforms used by MAC are not binding and shall be deemed to be an invitation to submit a binding offer. By placing an order, the contractual partner shall submit a binding offer.

2. The presentation of goods in the MAC Online Shop is not a binding offer for sale. All offers shall remain valid as long as stocks last or for the period shown on the website. All MAC offers are non-binding and may be withdrawn.

3. The order process in the Online Shop involves four steps. In the first step, the customer selects the goods desired and saves these to the shopping basket. In the second step, the customer proceeds to the virtual checkout and enters its data which include the invoice address and the delivery address if this is different. Should the customer already have a customer account, the data provided on registration may be entered automatically. In the third step, the customer selects the method of payment. We would like to point out at this juncture that MAC reserves the right to accept only secure methods of payment such as credit cards (Visa or Mastercard), PayPal, payment in advance or online payment via iDEAL or Sofortüberweisung. The last step gives the customer the opportunity to check all the information provided and to correct it if necessary before submitting the order to us. An error message will appear if the information is incorrect or if required fields are left empty.

4. After completing the order, the customer will receive an automated e-mail as confirmation of receipt of the order (order confirmation). However, this does not constitute acceptance of the contract. The contract is accepted in a separate e-mail sent when the goods leave the warehouse (dispatch confirmation) or at the latest when the goods are shipped. This shall also apply if the method of payment selected means that the purchase price has already been paid prior to conclusion of the contract or the instruction for payment has been issued. If, in this case, the order cannot be accepted due to a lack of product availability or the contract cannot be established for any other reason, the advance payment will be reimbursed without delay. If the order includes more than one item, the contract shall be established only for those items expressly listed in the dispatch confirmation. The statutory right to cancel the contract (see 6 below) shall remain unaffected by the foregoing provisions.

5. MAC does not accept orders placed by persons under the age of 18.

6. All products of MAC Mode GmbH & Co. KGaA are provided and sold in customary household quantities only. This applies both to the quantity of products requested in a single order and to the submission of more than one order for the same product where the individual orders already cover a customary household quantity.

7. Any errors in transmission shall be the customer’s responsibility.

8. Any vouchers issued by MAC may only be redeemed at the conditions shown on the respective voucher. Vouchers may be redeemed once only. Only one voucher may be redeemed per order. Vouchers must be redeemed within the period of validity. If not, they will expire automatically and can no longer be redeemed.

 

§ 3 Shipping costs

Standard shipping within the Federal Republic of Germany is free of charge. Express shipping is invoiced at €11.00 per shipment. For a shipment to leave our warehouse the same working day, the order must be received via the Online Shop by 11:30 am at the latest.

Standard shipping within the Republic of Austria costs €5.95. To ensure dispatch the same working day, the order must be received via the Online Shop by 11:30 am at the latest. Express shipping is not possible in Austria.

We do not charge for standard shipping to the Netherlands. However, we must receive your order by 11:30 am at the latest to ensure that it can be dispatched on the same day. The delivery time is approx. 2–4 working days. Express shipping is currently not possible.

 

§ 4 Payment and retention of title

1. All prices shown in the MAC Online Shop include statutory VAT and other price components. They are expressed in euros and include shipping costs and any ancillary costs associated with the chosen method of payment or shipping.

2. The purchase price may be paid by credit card (Visa or Mastercard), PayPal, payment in advance or online payment via iDEAL or Sofortüberweisung.

3. If the billing address differs from the delivery address, MAC reserves the right to accept certain methods of payment only – credit card (Visa or Mastercard), PayPal, payment in advance or online payment via iDEAL or Sofortüberweisung – for security reasons.

4. If the customer chooses to pay in advance, the order confirmation will show the invoice amount and the bank details. The invoice amount shall be due for immediate payment by bank transfer and must be credited to the recipient account within five banking days at the latest. The goods ordered will be reserved exclusively for the customer during this period.

5. If the customer chooses to pay by credit card, the invoice amount will be charged to the card holder’s account. If the goods are returned, the corresponding value will be credited to the same account on receipt of the return by PVS Fulfillment Service GmbH.

6. If the customer chooses to pay via iDEAL or Sofortüberweisung, the payment will be made as an online banking transaction. If the goods are returned to PVS Fulfillment Service GmbH, we will credit the amount paid to the same account.

7. MAC shall retain ownership of the goods delivered until the full invoice amount for these goods has been paid (final and unconditional payment of the full purchase price plus any ancillary costs).

8. The goods that are the subject of the contract may only be used for private consumption or sold to final consumers. The sale to third parties, especially distributors and department stores, is expressly prohibited unless such sale is on behalf of final consumers. In the event of any infringement of this contract and of the prohibition on resale other than to final consumers, the customer shall be required to pay a contractual penalty of €5,000.00 and the contractual relationship shall be discontinued. This shall not affect the assertion of any subsequent claims for damages or injunctive relief.

 

§ 5 Delivery

1. MAC shall deliver the goods ordered via the Online Shop as quickly as possible but as a rule within approx. two to four working days – at the latest, however, within 30 days – to the address given in the order and will do so for as long as stocks last. As a general rule, all goods are in stock and deliverable. If an order that has been accepted can only be fulfilled in part or not at all or if delivery is delayed, MAC shall notify the customer of the situation within 30 days of the order having been placed.

2. No claims for damages shall be derived from a failure to meet delivery deadlines.

 

§ 6 Cancellation policy

1. Right of cancellation: The customer shall have the right to cancel this contract within 14 days without giving any reason. The right of cancellation shall be 14 days from the day on which the customer or a third party designated by the customer who is not the carrier has taken possession of the last goods. In order to exercise its right of cancellation, the customer must communicate its decision to cancel the contract by way of a clear statement to this effect (e.g. submitted by post, fax or e-mail or communicated by telephone). The customer may use the attached cancellation form for this purpose but is not required to do so. The model cancellation form may also be used or a different form of clear statement communicated. If the customer makes use of the right of cancellation, MAC will confirm receipt of the cancellation, e.g. by e-mail. In order to comply with the cancellation period, it suffices for the customer to send MAC a notification of its intention to exercise its right of cancellation prior to the end of the cancellation period.

The 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 (Germany)
Phone: +43 (0) 1 2051009 (Austria)
Phone: +31 (0) 20 2622154 (Netherlands)
Fax: +49 (0) 711 7252 30799
E-mail: shop@mac-jeans.com

The goods should be returned to:

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

2. Consequences of the cancellation: If and to the extent that the customer has cancelled the contract, MAC will repay without undue delay and at the latest within 14 days from receipt of the cancellation, all payments it has received from the customer, including delivery costs (excluding additional costs that may result if the type of delivery chosen is not the inexpensive standard delivery offered by MAC). MAC will use the same method of payment for these repayments as was used in the original transaction, unless anything else was expressly agreed with the customer; no fee will be charged for the repayment. The repayment may be withheld until such time as MAC has received the returned goods or confirmation has been provided that the goods have been sent in the correct way, depending which occurred first. The customer shall send and transfer the goods to MAC without undue delay but at the latest within 14 days from the day on which the customer gave notification of cancellation of the contract. The deadline will be deemed to have been met if the customer has dispatched the goods within the deadline of 14 days. For customers within the Federal Republic of Germany, MAC will bear the costs of returning the goods if the customer uses the return label provided by MAC. The customer must bear the costs of returning the goods if it does not use the return label. Customers in the Republic of Austria will be charged €5.95 for a return. Should the goods depreciate in value as the result of the return, the customer shall bear the costs of depreciation if and to the extent that it results from improper handling by the customer in connection with checking the condition and/or properties and/or function of the goods.

3. Costs of cancellation: If the customer cancels an order, MAC shall bear the costs of returning the goods pursuant to the aforementioned conditions (use of return label).

End of the cancellation policy

 

§ 7 Return of goods and liability

If goods are to be returned, we ask that customers package the goods carefully and fully together with any accessories and bonus gifts, if possible using the original packaging. The completed return form must be enclosed with the package and the pre-printed return label applied on top of the old package label. The carrier will accept the package.

If replacement goods have been sent by way of remedy, the customer is required to return the goods that were originally delivered within 30 days to:

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

which will bear the costs. Defective goods must be returned pursuant to statutory provisions. MAC and PVS Fulfillment Service GmbH reserve the right to assert claims for damages pursuant to statutory provisions. MAC and PVS Fulfillment Service GmbH shall assume liability for all damage caused by wilful intent or gross negligence.

They shall also be liable for minor breaches of material obligations, the infringement of which jeopardises the fulfilment of the contract, or for the breach of obligations, the fulfilment of which is essential to the proper performance of the contract and which the customer may ordinarily rely on. However, in such cases, MAC will only be liable for foreseeable damage typical for this type of contract. It will not be liable for a slightly negligent breach of obligations other than those described in the foregoing sentences.

The foregoing limitation of liability shall not apply to injuries to life, limb and health, to defects when a guarantee has been assumed for the condition of the product and to deliberately concealed defects. In accordance with product liability law, liability for the product shall remain unaffected. To the extent that MAC’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and/or vicarious agents.

 

§ 8 Warranty conditions

The statutory warranty conditions shall apply. The warranty shall not cover damage caused by natural wear and tear, improper use and inadequate or incorrect care.

Contact for warranty claims:

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

Phone: +49 (0) 711 7252 304201 (Germany)
Phone: +43 (0) 1 2051009 (Austria)
Phone: +31 (0) 20 2622154 (Netherlands)
Fax: +49 (0) 711 7252 30799
E-mail: shop@mac-jeans.com

 

§ 9 Information for online dispute resolution

The European Commission has established a platform for the online resolution of disputes (the ODR platform). This serves as a point of contact for the out-of-court resolution of disputes in respect of contractual obligations arising from online purchase contracts. The customer can access the ODR platform at: http://ec.europa.eu/consumers/odr/ 

 

§ 10 Consumer mediation

MAC Mode GmbH & Co. KGaA is neither willing nor obliged to participate in mediation proceedings conducted by a consumer mediation service.

 

§ 11 Creditworthiness and address verification

In order to check your creditworthiness, obtain information for assessing the risk of default by statistical methods based on commercial and address data) and verify your address (deliverability check), we transfer your data (name, address and possibly e-mail address and date of birth) to infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany or Credify Informationssysteme GmbH, Gumpendorfer Straße 21, 1060 Vienna, Austria. Article 6 (1) points (a) and (f) GDPR provide the legal basis for this transfer of data. Data may only be transferred on the basis of these provisions if it is necessary to protect the legitimate interests of our company or third parties and this is not overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. Our legitimate interest lies in requesting information about our customers’ creditworthiness and verifying their address as a way of better assessing any risk associated with our advance performance.

 

§ 12 Application of law

Unless mandatory regulations under international private law apply, the contracts concluded between us and our customers shall be subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods.

 

MAC Mode GmbH & Co KGaA

Wald / Roßbach, 15.02.2022

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