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General Terms and Conditions (GTC)

1. Conclusion of contract

With your order you make a binding offer to us to enter into a contract with you. By sending an order confirmation via e-mail to you or the delivery of the ordered goods we can accept this offer. The contract is concluded in the selected language (German or English). First, you will receive a confirmation of receipt of your order by e-mail to the given e-mail address (order confirmation). A purchase contract is only activated with the delivery of our order acknowledgment by e-mail to you or the delivery of the ordered goods, not by sending the online order or the automatic email order confirmation. The e-mail confirmation only confirms the receipt of the registration or order. We reserve the right, if necessary not to deliver or to deliver an equivalent product. About, we will inform you in the individual case. Your orders are stored with us. If you lose your documents to your orders, please contact us via email / fax / phone us. We will be happy to send you a copy of your order. When ordering through our online shop the ordering process is comprised 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 upon withdrawal

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 conditions

The delivery times specified in the offer are valid, they begin with receipt of payment. We ship to Germany, in all EU Member States and Switzerland. We will process your order immediately after payment is received within one business day. The regular transport duration within Germany is 1-2 working days for shipments outside Germany 2-4 working days in exceptional cases for deliveries outside of Germany (delays caused by the transport company, or customs formalities) up to 14 days.

6. Cancellation rights and instructions

Right of revocation
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 | Owner Ulrike Roeder | Schulstr. 7 | 21388 Soderstorf | Germany | Fax: +49 (0)4132/6879009 | Email: shop@masalo.eu
by a clear statement (eg a consigned by post mail, fax or email) of your decision to withdraw from the contract. You can use the withdrawal form (attached to order acceptance by email or as download at http://www.masalo.eu/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 revocation
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 revocation 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 be charged 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.
You only need to pay for any diminished value of the goods when such loss in value is not due to handling to establish the nature, characteristics and functioning of the goods. For our bandages, tests over several hours, as well as dirt and stains at the product, leading to a loss of value. You can avoid this by not taking the product as your own property and test only in a clean environment as it would be possible in a store.

7. Payment conditions

Payment shall be made either in advance, cash on delivery (Germany only, there are 2.00 EUR charges in addition collected directly from the postman on delivery), PayPal or Sofort Banking. We reserve the right to exclude certain payment methods. 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.

8. Invoice

The invoice will be sent with the shipment.

9. Warranty

The warranty is based on the statutory provisions. As far as used goods are subject to the transaction and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period is one year for the purchase of used items. A liability for damages, which did not occur directly on the delivered item is excluded. Likewise, we are not liable for any lost profits or other financial damages of the buyer.

10. Liability and Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

11. Data privacy protection

Please read our privacy statement carefully:
https://www.masalo.eu/media/content/privacy-statement.pdf
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

At initiation, completion, execution and termination of a contract of sale data in accordance with statutory provisions are collected, stored and processed by us. When you visit our Website currently used IP address by your PC, date and time, browser type and operating system of your PC, and the pages you visit will be logged.
However conclusions on personal data therefore are not possible nor intended by us. The personal data you provide to us such as for ordering or by e-mail (eg. your name and contact information) will be processed only for correspondence with you and only for the purposes for which you have provided data to us. We may share your information only further to the shipping company that is commissioned with the delivery insofar as this is necessary for the delivery of the goods. For the settlement of payments we pass your payment data only to the authorized credit institute. We assure you that we will not disclose your personal data to third parties, moreover, unless we are legally obligated or you have given your express consent. If we take on implementation and management of manufacturing processes services of third parties, the provisions of the Data Protection Law are complied with.

Duration of storage
Personal data which have been communicated to us through our website are only stored until the purpose is fulfilled, for which they were entrusted to us. As far as commercial and tax law retention periods are observed, the duration of storage of certain data may be up to 10 years.

Your rights
If you do not longer agree with the storage or if your personal data have become inaccurate, we will arrange, toward an appropriate instruction under the statutory provisions, the deletion, and correction or blocking of your data. You can request free information about all personal data which we hold about you. Questions for the collection, processing or use of your personal data, for information, correction, blocking or deletion of data please contact: Masalo | Owner Ulrike Roeder | Schulstr. 7 | 21388 Soderstorf | Germany | Tel.: +49 (0)4132/9331893 | Fax: +49 (0)4132/6879009 | Email: shop@masalo.eu
Links to other websites
If we refer from our Internet site or link to third party websites, we cannot assume any responsibility or liability for the accuracy or completeness of the content and data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should consider separately the privacy statements of each of those sites.

12. Validity

The Internet offers are valid as long as they are displayed on the internet.

13. Information on online dispute settlement

For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at http://ec.europa.eu/consumers/odr. Our e-mail address can be found in our contact details. We are neither obliged nor willing to participate in the dispute settlement process.

14. Applicable law

Exclusive application of German law. The responsible court at the registered office of Masalo Ulrike Röder 21406 Melbeck (Lueneburg) applies the agreed jurisdiction. This law is only applicable in respect of consumers than by no mandatory legal provisions of the country are limited, in which the consumer has his domicile or habitual residence.

15. Contact details

Masalo
Inhaber: Ulrike Röder (individual entrepreneur)
Schulstr. 7
21388 Soderstorf
Germany

Tel.: +49 4132 / 933 18 93
Fax: +49 4132 / 687 90 09
Email: shop@masalo.eu

USt.-ID: DE286134150