Terms of Service
MACC Management GmbH
- MACC Records -
Rummelsburger Strasse 41
22147 Hamburg
Represented by Dr. Majid Montazer, Gerd Armbrust Prinz v. Coburg MBA (Uni Wales)
Email: mm@ma-cc.com
Telephone: +49 40 88 94 24 88
Use the above contact details for questions, complaints and suggestions.
The following conditions apply to shipping within the Federal Republic of Germany. For shipping to other countries as well as customers with habitual residence in other countries of the European Union (EU) and in other foreign countries, special international conditions apply.
1. Conclusion of contract
1.1 Your contractual partner is MACC Management GmbH - MACC Records.
1.2 The presentation of our range does not represent a legally binding offer within the meaning of §§ 145 ff BGB, but a non-binding online catalog. You can add products to the shopping cart without obligation. You can make corrections at any time in the ordering process before submitting the order. You place a binding order for the products and downloads contained in the shopping cart by clicking the order button ('buy'). Immediately after submitting the order, you will receive a confirmation of receipt of your order by email.
1.3 When a contract is concluded with us depends on the payment method you have chosen:
a) Invoice: with your click on the order button and shipping of the goods or the shipping confirmation by email by MACC Management GmbH
c) Prepayment: by clicking on the order button and sending the prepayment request with details of the bank details to you and the credit from your bank
d) Credit card: with your click on the order button and the credit from the credit card company
e) PayPal: when you click on the order button and we have received the payment through PayPal
1.4 We conclude contracts exclusively in German.
1.5 A binding contract is concluded when we accept your order. This acceptance by us can take place under the following circumstances:
· We accept your order by notification of delivery or a separate declaration of acceptance within 7 days or
· You use our offer and complete your order by authorizing the payment via the online payment service Sofortüberweisung or PayPal (completion of the payment (credit) corresponds to the conclusion of a contract) or
· You receive the ordered goods without the contract having already been concluded due to one of the above circumstances.
· Subject to a statutory right of withdrawal, you are bound to your order for a maximum of 7 days.
2. Payment
2.1 All prices include the statutory value added tax. Shipping costs may be added to the stated product prices. These can be found in the information provided when purchasing.
2.2 We only accept the payment methods indicated during the ordering process. We do not charge any additional costs for any payment method. Bank fees may be charged by the bank for transfers from abroad. If we have a valid e-mail address, the invoice will be sent by e-mail two days after the goods have been dispatched. Otherwise we will send the invoice by post.
2.3 The following payment methods are basically available:
a) Invoice: The invoice amount is due immediately upon receipt of the invoice and must be made by you by bank transfer.
b) Direct debit (SEPA direct debit): By placing your order, you give us a SEPA direct debit mandate. You will be informed of the debit date on the invoice (so-called prenotification). The account will be debited four working days after the invoice has been sent. The period for the advance notice of the date of the account debit (so-called prenotification period) is four working days.
c) Credit card: You send us your credit card details and we will check your legitimation. Immediately after placing your order, we will block the invoice amount from the credit card company. The final debit of the credit card takes place at the earliest one day after the invoice has been sent.
d) PayPal: You will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to use this payment method, you must be registered with PayPal, identify yourself with your access data and confirm the payment instructions to us. Immediately after placing your order, we will block the invoice amount with PayPal. The final debit of the PayPal account takes place at the earliest one day after the invoice has been sent.
e) Prepayment: We will inform you of the bank details in a separate email and deliver the goods after receipt of payment or make your download available after receipt of payment. If we cannot record any receipt of payment within 60 days, we will cancel the order.
2.4 You are only entitled to offset if and to the extent that your counterclaims have been legally established, are undisputed or have been recognized by us. You are not allowed to deduct postage costs that you paid for the return of goods from the invoice amount. You are only authorized to exercise a right of retention if your counterclaim is based on the same sales contract.
2.5 When goods are imported into countries outside Germany, there may be export restrictions and import duties and taxes that you have to bear. These vary in different customs areas. You are responsible for the proper payment of the necessary duties, taxes and fees.
2.6 If you make use of your right of withdrawal, you have to bear the direct costs of returning the goods.
3. Prices, shipping costs
For orders in our Internet shop, the prices listed in the offer at the time of the order apply. The prices given are total prices, which means that they include the applicable German statutory value added tax and other price components.
For details on the possibly additional shipping costs, please refer to the information in the shop.
3.1 Right of withdrawal for consumers
Right of withdrawal for the purchase of goods
Below you will find instructions on the prerequisites and consequences of the statutory right of withdrawal for consumers in the case of shipping orders for a purchase of goods. A contractual granting of rights going beyond the law is not associated with the reproduction of the instruction. In particular, the statutory right of withdrawal is available to non-commercial resellers.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (MACC Management GmbH MACC Records, Rummelsburger Straße 41, 22147 Hamburg, email: mm@ma-cc.com, telephone: ... ..) by means of a clear declaration (e.g. a letter sent by post, fax, telephone or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged fees for this repayment.
We can refuse repayment until we have received the proper, unopened goods back.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Sample form:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
(*) Delete where inapplicable.
4. Warranty
If the goods are defective, the customer has a statutory right to liability for defects (warranty).
We value your customer satisfaction. You can contact us at any time using one of the contact channels listed above. We strive to check your request as quickly as possible and will contact you after we have received the documents or your input or complaint. But give us a little time, as warranty cases often require the manufacturer to be involved. In the event of a complaint, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send a copy of the order documents or at least provide the order number, customer number, etc. If you do not receive a response from us within 14 days, please ask. In rare cases, e-mails may have got stuck with us or with you in spam filters, or a message by other means did not reach you or was inadvertently not received.
5. Liability
5.1 We exclude liability for slightly negligent breaches of duty, insofar as
a) this does not concern any guarantees or essential contractual obligations, i.e. obligations the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which the contractual partner regularly relies and may rely,
b) it does not concern damage resulting from injury to life, limb or health,
c) Claims under the Product Liability Act remain unaffected.
5.2 In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is based on the amount at the time the contract was concluded foreseeable damage, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
5.3 The same applies to breaches of duty by our legal representatives or vicarious agents.
6. Transport damage
6.1 The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. You help us to assert our own claims against the carrier or the transport insurance.
6.2 The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
7. Retention of Title
The delivered goods remain our property until they have been paid for in full.
8. Data protection
Details on the collection and use of your personal data can be found in our data protection provisions, which also contain information on the credit check, in the context of which values for the probability of a payment default are calculated, including your address data.
9. Place of jurisdiction, partial ineffectiveness, applicable law
In business dealings with business people and legal entities under public law, our place of business is agreed as the place of jurisdiction for all legal disputes about these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we are also entitled to sue at the customer's registered office. Any exclusive place of jurisdiction remains unaffected by the above regulation.
If individual provisions of the delivery contract or these general terms and conditions are ineffective, the remaining provisions remain in effect.
The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Sales Convention (CISG) and any other international agreements, even after their adoption in German law, do not apply. This choice of law means that customers with habitual residence in one of the EU or Switzerland states are not deprived of the protection granted, which results from mandatory provisions of the law of this state.
10. Dispute settlement
10.1 From February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link https://ec.europa.eu/consumers/odr/. In this context, we are legally obliged to inform you of our email address. This is: mm@ma-cc.com
10.2 We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.