General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Place of Jurisdiction
10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of MASISTES GmbH (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop.Thereby, after the customer has placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, they submit a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not make the contract text accessible beyond this.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address.In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

 

3) Right of Withdrawal

1. Withdrawal Period and Conditions:

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal is only permissible for new, unopened, and undamaged items.

You as the buyer bear the costs of the return, unless the return is due to an error on our part (e.g., incorrect or defective item). In this case, we will fully refund both the purchase price and the return shipping costs.

2. Exclusion of the right of withdrawal according to § 312g paragraph 2 no.3 BGB:

Please note that according to § 312g paragraph 2 no. 3 BGB, the right of withdrawal for sealed hygiene products is void if their seal has been removed after delivery.

For reasons of health protection and hygiene, we only accept returns of unopened, unused, and undamaged hygiene products in their original packaging.

Products that have already been opened or used are excluded from return and will be disposed of without prior notice.

3. Refund:

A refund will be issued after inspection and approval of the returned item by our warehouse.

4.Return Costs:

The customer bears the return costs, unless there is a warranty case or an error on our part.

5. Unpacked Electronic Devices:

After the withdrawal period has expired, we reserve the right to charge a cancellation fee of 20% of the purchase price for opened and sealed electronic devices.

6. Exchange:

An exchange is only possible for unopened and undamaged products.

Exercising the Right of Withdrawal:

To exercise your right of withdrawal, please send a clear statement (e.g.by email or post) to the following address:

Masistes GmbH, Rudolf-Diesel-Str. 32, 24558 Henstedt-Ulzburg. Germany

Email: service@careshoppro.eu

 

You can use the attached sample withdrawal form for this purpose – however, it is not mandatory.

Deadline compliance:

To meet the deadline, it is sufficient to send the notification of exercising the right of withdrawal before the 14-day period expires.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory VAT.Any additional delivery and shipping costs incurred will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply with regard to the costs for sending if the customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 All our products are delivered in sealed packaging.

5.5 The goods remain our property until full payment is made.The performance date corresponds to the invoice date! Unless otherwise stated, the delivery date corresponds to the invoice date

6) Retention of Title

If the seller makes an advance payment, he reserves the right to retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The customer is requested to report delivered goods with obvious transport damage to the delivery agent and to inform the seller. Failure to do so has no impact on the customer's statutory or contractual defect claims.

7.3. Manufacturer's Warranty: The manufacturer's warranty covers all manufacturing defects

7.4 What is not covered by the manufacturer's warranty?


Before handing over a device to seller, it is the customer's responsibility to back up data and settings. Seller assumes no responsibility for lost or damaged data and programs stored on a device's medium, and the resulting consequences. Compensation for data backup or recovery, as well as reinstallation of software or other information, is not provided. The warranty is also not granted, in particular, if:



- the device was not properly operated or used in accordance with the instructions for use in a private setting.

- the device was used or handled in a manner that is discouraged or warned against in the instructions for use.

- the device has been improperly handled or maintained, particularly with means or methods that result in physical or superficial damage (e.g., to displays).

- the model designation and serial number on the device have been altered, deleted, removed, or otherwise made illegible.

- repairs, adjustments, or modifications to the device are carried out by persons or companies not authorized by seller.

- damage is present due to external influences (lightning, water, fire, etc.) or improper handling.

- the device has been used wholly or partially for professional or commercial purposes.

- the device exhibits low performance because spare parts and accessories not manufactured by seller have been used.

- a self-conducted, improper transport (e.g., with unsuitable packaging) has caused damage or the device has suffered a drop damage.

- Contaminations such as heavy dust or nicotine deposits in ventilation slots, fans, on displays, lamps, etc., impair the functionality of the device.

- The warranty does not cover devices or device parts that are subject to normal wear and tear and can thus be considered as wear parts (e.g., batteries) or those made of glass.

- The warranty does not cover non-electrical or non-electronic devices such as pacifiers, bottles, and accessories.

- Aesthetic changes that occur due to normal wear and aging (minor scratches, etc.).; on the housing, on the housing and/or glass, color changes on the headband and nose pads of the coating) - Any damage caused by the chemicals

- All damage caused by sudden cold or heat that led to the loss of adhesive or other parts falling apart


We would like to point out that the device cannot be considered defective if a change or adjustment needs to be made to the device to enable its use for a purpose for which the device was not originally specified (z.B. Adaptation to a different reception or connection standard). Additionally, we point out that the settings and calibration (e.g., water temperature, coffee grind size) of a device vary depending on the country in which it was originally intended to be marketed.Due to this, all claims for changes to the mentioned settings and calibrations are excluded.

8) Applicable Law

All legal relationships of the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller.If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is in any case entitled to appeal to the court at the customer's place of business.

10) Alternative Dispute Resolution

Note on online dispute resolution in accordance with Art. 14 para.1 ODR-VO:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts between a consumer and a trader.

We are neither willing nor obliged to participate in dispute resolution procedures before consumer arbitration boards.