General Terms And Conditions

1. Conclusion of the contract
With your order, you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. The contract is concluded in the selected language (German or English). You will first receive confirmation of receipt of your order by e-mail to the e-mail address you have provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by e-mail or when the ordered goods are delivered, not when the online order is sent or the automatic e-mail confirmation is sent. The e-mail confirmation only confirms receipt of the registration or order. Your orders will be stored by us. If you lose your order documents, please contact us by e-mail, letter or telephone. We will be happy to send you a copy of your order details. When ordering via our online shop, the ordering process comprises a total of 6 steps. The first step is to select the desired products and then by clicking on the button “Add to cart” add these products to shopping cart (with references to the specifications such as size and page). If you want to buy more items, repeat this step. In the second step, you can either click on the PayPal button, which will make your stored there customer data and addresses are automatically transmitted to us after your confirmation at PayPal, or click on “Checkout” and enter your customer data, in this case, you can either register (create customer account) or order without registration (as a guest). In the third step check your shipping address and correct this address if necessary, here you also choose the shipping method. In the fourth step, check your billing address and correct if necessary. Here you also select the payment method, and can enter comments and messages. You also declare on this page that you accept the right of withdrawal and accept our general business conditions. Otherwise you get corresponding instruction texts and can complete all the information. The ordering process can be continued only if all details are made. In the fifth step, you can see privacy conditions, general terms and conditions right of withdrawal conditions and the withdrawal form. Here you can check your transacted information on shipping and billing address, payment method, and ordered items and can change if necessary. You can also print all data before ordering. In the sixth step you confirm your purchase by clicking on the button “Order with an obligation to pay”. You will then see a confirmation page, and can print your order with all details by clicking on the button “Print”.

2. Storage of contract
We store the contract text of your order. We also send you an order confirmation with all order data and our Terms and Conditions to the e-mail address you provided.

3. Retention of title
The delivered goods remain our property until full payment of all claims.

4. Prices, shipping costs, return costs in case of revocation
All prices are final and include German VAT. The respective shipping costs are shown on the product pages, or can be determined using the shipping calculator in the shopping cart on our website. For cancellation you bear the direct cost of returning the goods.

5. Delivery Terms for End Consumers (B2C)
By default, goods are shipped exclusively to delivery addresses within the Federal Republic of Germany.
Consumers residing outside the Federal Republic of Germany who are entitled to purchase rights under the EU Geoblocking Regulation are free to place orders provided they specify a delivery address within the Federal Republic of Germany or independently arrange or commission the pickup of the goods at the seller’s headquarters (Masalo KG, Lüner Weg 32a, 21337 Lüneburg). We do not provide cross-border delivery to end consumers.
The delivery times specified in the respective offer shall apply. If the customer has selected the prepayment method, the delivery period begins on the day after the payment order is issued to the transferring bank. For all other payment methods (e.g., PayPal, credit card, direct debit), the delivery period begins on the day after the contract is concluded. The standard shipping time within Germany is 1–2 business days.

6. Delivery Terms for Businesses (B2B)
(1) For all deliveries to businesses as defined in § 14 BGB outside the Federal Republic of Germany, the delivery term FCA (Free Carrier) in accordance with Incoterms® 2020 from the seller’s respective shipping warehouse (currently emoose GmbH, Saarbrücken) is deemed to be expressly agreed.

(2) The Seller arranges transport to the Buyer via DHL as a pure service on behalf of, at the request of, and for the economic account of the Buyer. For this purpose, a reasonable flat-rate shipping and handling fee (“Shipping & Handling”) determined by the Seller is shown to the Buyer during the ordering process and on the invoice.

(3) The transfer of risk and the transfer of transport responsibility to the buyer shall in all cases take place upon the physical handover of the goods by the seller’s agent (fulfillment service provider) to the carrier (DHL) in Saarbrücken.

(4) Due to the cross-border transport of the goods from Germany to the respective destination country, the buyer is legally considered the first distributor (importer) of the goods as well as all associated packaging layers (product/primary packaging and transport packaging). The buyer is obligated to fulfill all national obligations regarding extended producer responsibility (EPR), in particular the proper reporting and licensing of packaging quantities with an approved local collection and recycling system in the destination country, on their own responsibility and at their own expense.

7. Exclusion of Cross-Border Consumer Shipping (B2C)
Contracts with customers whose place of residence or billing address is outside the Federal Republic of Germany are concluded exclusively in German or English. The handling of warranty or right of withdrawal claims is governed by statutory provisions.

8. Cancellation policy / right of withdrawal
Only if the customer is a consumer in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, there is a statutory right of revocation, about which we instruct as follows:

Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you, or a third party named by you, other than the carrier, have taken possession of the goods. To exercise your right of cancellation, you must inform us
Masalo KG | Lüner Weg 32a | 21337 Lüneburg | Germany | Email: shop@masalo.eu | Tel.: +49 4131 727 15 97 by a clear statement (e.g. a letter sent by post, or an email) or via the online cancellation function on our website (“WITHDRAW CONTRACT”) of your decision to withdraw from the contract.
You can use the withdrawal form (attached to order acceptance by email or as download at https://www.masalo.eu/shop/media/content/withdrawal_form.pdf) which is not mandatory, however. In order to observe the revocation period it is sufficient for you to send a message about the revocation before the withdrawal deadline.

Consequences of withdrawal
If you withdraw from the contract, we refund all the payments that we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest Standard Shipping offered by us), without delay and to be repaid at the latest within fourteen days from the date on which the notice of your withdrawal of the contract has been received by us.
For this repayment, we use the same method of payment that you used for the initial transaction, unless we explicitly agreed otherwise; in any case you will not be charged any fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have proofed that you have returned the goods, whichever is the earlier. You have to return or to hand over the goods to us promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of the contract. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods.

9. Terms of payment
Payment shall be made either in advance, PayPal or Sofort Banking. If you choose to pay in advance, we send you the bank details in the order confirmation by email. The total amount is to be paid within 7 days on our account, otherwise the order will be cancelled and will not be accepted. If you pay by PayPal or Sofort Banking your account will be charged immediately after the order.

10. Invoice
You will receive the invoice via email when the goods are shipped to the email address you provided when placing the order.

11. Warranty
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

12. Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body, or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected. 

13. Data protection
The data protection regulations of the GDPR and the BDSG apply. Information regarding the collection, processing, and storage of your personal data, as well as your rights as a data subject, can be found in our separate Privacy Policy, which you can access at any time via the following link:
https://www.masalo.eu/en/privacy-notice-and-disclaimer/

14. Validity
The offers on the Internet are valid as long as they are presented on the Internet.

15. Applicable Law
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
The competent court at the registered office of Masalo KG, 21337 Lüneburg shall be agreed as the place of jurisdiction.
In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

16. Contact details:
Masalo KG
Luener Weg 32a
21337 Lueneburg
Germany

Tel.: +49 (0) 4131 / 727 15 97
Email: shop@masalo.eu

VAT ID: DE351597312