Terms of service
### Terms and Conditions with Customer Information
#### Table of Contents
1. Scope
2. Conclusion of the 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. Jurisdiction
10. Alternative Dispute Resolution
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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 its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur for the purposes of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. **Conclusion of the Contract**
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of 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. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to 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 placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on 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 sent to the Customer in text form (e.g., email, fax, or letter) after sending the Customer's order. The contract text is not made available to the Customer beyond this.
2.5 Before bindingly submitting the 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 of better identifying input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided 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 to process the order can be delivered, especially when using SPAM filters.
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3. **Right of Withdrawal**
Consumers (§ 13 BGB) have a statutory right of withdrawal regarding online purchases according to the following instructions.
You have the right to withdraw from this contract within fourteen days. You can only return new, unopened, and undamaged items within 14 days. The return costs are borne by the buyer (you). A full refund, including the return costs, will only be issued if the return is due to our error (e.g., you received a wrong or defective item).
1. **Please note**: According to § 312g Abs. 2 Nr. 3 BGB, we cannot accept opened products for return.
Please note that, according to § 312g Abs. 2 Nr. 3 BGB, the exchange and/or return of hygiene products is only permitted in unopened original packaging. This legal requirement is to protect our customers' health and is strictly enforced. Therefore, opened packages or used products will not be accepted for return. An exchange is only possible if the packaging is unopened and undamaged. These measures are necessary to ensure the safety and hygiene of our products and to protect everyone's health. If the item is opened, we will dispose of it without prior notice. **IMPORTANT: This applies according to § 312g Abs. 2 Nr. 3 BGB.**
2. The refund will be processed after our warehouse approves the receipt of the returned goods.
3. The customer bears the return shipping costs unless the return falls under the manufacturer's warranty.
To exercise your right of withdrawal, you must inform us (Deutsche Post Filiale 520, c/o Masistes GmbH, Tegelsbarg 39, 22399 Hamburg, Email: service@careshoppro.eu) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
4. After the withdrawal period has expired, we charge a cancellation fee of 20% for unpacked and sealed electronic devices.
5. An exchange is only valid for unopened items.
More: [https://careshoppro.eu/policies/refund-policy](https://careshoppro.eu/policies/refund-policy)
---
4. **Prices and Payment Conditions**
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment options 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 provided by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the transport company sends the shipped goods back 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 the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions in the Seller's withdrawal instructions apply.
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 received. The service 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 delivery, they 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 complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer fails to comply, this has no effect on their 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 the Seller, the Customer is responsible for securing data and settings. The Seller assumes no responsibility for lost or damaged data and programs stored on a medium of the device and the resulting consequences. Compensation for securing or recovering data and reinstalling software or other information is not granted. The warranty is also not granted in particular if:
- the device was not properly used according to the operating instructions in the private sector.
- the device was used or handled in a way that is advised against or warned against in the operating instructions.
- the device was improperly handled or maintained, especially with means or methods that cause physical or surface damage (e.g., to displays).
- the type designation and serial number on the device were changed, deleted, removed, or otherwise made illegible.
- repairs, adjustments, or changes to the device were made by persons or companies not authorized by the Seller.
- there are damages caused by external influences (lightning, water, fire, etc.) or improper handling.
- the device was used entirely or partially professionally or commercially.
- the device has low performance because spare parts and accessories not manufactured by the Seller were used.
- self-transport in an improper manner (e.g., with unsuitable packaging) caused damage or the device suffered a fall.
- dirt such as heavy dust or nicotine deposits in ventilation slots, fans, 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 consumable parts (e.g., batteries) or that are made of glass.
- The warranty does not cover non-electrical or non-electronic devices such as pacifiers, bottles, and accessories.
- Aesthetic changes caused by normal wear and tear and aging (minor scratches, etc.; on the housing, and/or glass, color changes to the headband and nasal pillow of the coating).
- Any damage caused by chemical substances.
- Any damage caused by sudden cold or heat that resulted in adhesive loss or other parts coming apart.
We also note that the device cannot be considered defective if a change or adjustment to the device needs to be made to enable the use of the device for purposes for which it was not originally intended according to its specifications (e.g., adaptation to a different reception or connection standard). Furthermore, we point out that the settings and calibration (e.g., water temperature, coffee grind) of a device may vary depending on the country in which it was originally marketed. Therefore, all claims for changes to the aforementioned settings and calibrations are excluded.
8. **Applicable Law**
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of goods. For consumers, this choice of law only applies to the extent that the granted protection 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 within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer's domicile or habitual residence is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller shall also be entitled in any case to bring an action before the court at the Customer's domicile.
10. **Alternative Dispute Resolution**
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: [https://ec.europa.eu/consumers/odr](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 involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
#### Table of Contents
1. Scope
2. Conclusion of the 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. 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 its online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur for the purposes of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. **Conclusion of the Contract**
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of 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. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to 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 placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on 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 sent to the Customer in text form (e.g., email, fax, or letter) after sending the Customer's order. The contract text is not made available to the Customer beyond this.
2.5 Before bindingly submitting the 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 of better identifying input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided 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 to process the order can be delivered, especially when using SPAM filters.
---
3. **Right of Withdrawal**
Consumers (§ 13 BGB) have a statutory right of withdrawal regarding online purchases according to the following instructions.
You have the right to withdraw from this contract within fourteen days. You can only return new, unopened, and undamaged items within 14 days. The return costs are borne by the buyer (you). A full refund, including the return costs, will only be issued if the return is due to our error (e.g., you received a wrong or defective item).
1. **Please note**: According to § 312g Abs. 2 Nr. 3 BGB, we cannot accept opened products for return.
Please note that, according to § 312g Abs. 2 Nr. 3 BGB, the exchange and/or return of hygiene products is only permitted in unopened original packaging. This legal requirement is to protect our customers' health and is strictly enforced. Therefore, opened packages or used products will not be accepted for return. An exchange is only possible if the packaging is unopened and undamaged. These measures are necessary to ensure the safety and hygiene of our products and to protect everyone's health. If the item is opened, we will dispose of it without prior notice. **IMPORTANT: This applies according to § 312g Abs. 2 Nr. 3 BGB.**
2. The refund will be processed after our warehouse approves the receipt of the returned goods.
3. The customer bears the return shipping costs unless the return falls under the manufacturer's warranty.
To exercise your right of withdrawal, you must inform us (Deutsche Post Filiale 520, c/o Masistes GmbH, Tegelsbarg 39, 22399 Hamburg, Email: service@careshoppro.eu) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
4. After the withdrawal period has expired, we charge a cancellation fee of 20% for unpacked and sealed electronic devices.
5. An exchange is only valid for unopened items.
More: [https://careshoppro.eu/policies/refund-policy](https://careshoppro.eu/policies/refund-policy)
---
4. **Prices and Payment Conditions**
4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment options 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 provided by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the transport company sends the shipped goods back 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 the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions in the Seller's withdrawal instructions apply.
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 received. The service 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 delivery, they 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 complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer fails to comply, this has no effect on their 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 the Seller, the Customer is responsible for securing data and settings. The Seller assumes no responsibility for lost or damaged data and programs stored on a medium of the device and the resulting consequences. Compensation for securing or recovering data and reinstalling software or other information is not granted. The warranty is also not granted in particular if:
- the device was not properly used according to the operating instructions in the private sector.
- the device was used or handled in a way that is advised against or warned against in the operating instructions.
- the device was improperly handled or maintained, especially with means or methods that cause physical or surface damage (e.g., to displays).
- the type designation and serial number on the device were changed, deleted, removed, or otherwise made illegible.
- repairs, adjustments, or changes to the device were made by persons or companies not authorized by the Seller.
- there are damages caused by external influences (lightning, water, fire, etc.) or improper handling.
- the device was used entirely or partially professionally or commercially.
- the device has low performance because spare parts and accessories not manufactured by the Seller were used.
- self-transport in an improper manner (e.g., with unsuitable packaging) caused damage or the device suffered a fall.
- dirt such as heavy dust or nicotine deposits in ventilation slots, fans, 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 consumable parts (e.g., batteries) or that are made of glass.
- The warranty does not cover non-electrical or non-electronic devices such as pacifiers, bottles, and accessories.
- Aesthetic changes caused by normal wear and tear and aging (minor scratches, etc.; on the housing, and/or glass, color changes to the headband and nasal pillow of the coating).
- Any damage caused by chemical substances.
- Any damage caused by sudden cold or heat that resulted in adhesive loss or other parts coming apart.
We also note that the device cannot be considered defective if a change or adjustment to the device needs to be made to enable the use of the device for purposes for which it was not originally intended according to its specifications (e.g., adaptation to a different reception or connection standard). Furthermore, we point out that the settings and calibration (e.g., water temperature, coffee grind) of a device may vary depending on the country in which it was originally marketed. Therefore, all claims for changes to the aforementioned settings and calibrations are excluded.
8. **Applicable Law**
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of goods. For consumers, this choice of law only applies to the extent that the granted protection 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 within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer's domicile or habitual residence is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller shall also be entitled in any case to bring an action before the court at the Customer's domicile.
10. **Alternative Dispute Resolution**
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: [https://ec.europa.eu/consumers/odr](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 involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.