General terms and conditions
Status: 01.07.2022
SCOPE
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
CONRTACTUAL PARTNER, FORMATION OF CONTRACT, OPTIONS FOR CORRECTIONS
The contract is concluded with macu4 GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
CONTRACT LANGUAGE, SAVING OF THE CONTRACT TEXT
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
DELIVERY CONDITIONS
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to a “Packstation”.
PAYMENT
The following payment methods are basically available in our online shop.
Advance payment
If you select advance payment we provide you with our bank details in a separate email and deliver the goods on receipt of funds.
Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.
Invoice
The invoice amount is due 30 days upon receipt of the invoice and the goods 30 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
RIGHT TO CANCEL
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
RETENTION OF TITLE
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
DAMAGE DURING DELIVERY
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
WARRANTY AND GUARANTEES
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee, if agreed, or within the scope of application of the Product Liability Act (Produkthaftungsgesetz).
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.
Provisions for merchants (“Kaufleute” in accordance with HGB – German Commercial Code)
Among merchants (“Kaufleute”), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Complaints and return of goods
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: Our customer service is available for queries, complaints and claims on working days from 9 a.m. to 6 p.m. via phone at +49 (0)7531 58 475 14 as well as via email at support@macu4.com.
9.3 Special warranty considerations
Macu warrants all of its Products for a period of two years, (i) to be free from defects in design geometry, materials and workmanship and (ii) to comply with the specifications provided to and accepted by Macu, taking into account the limitations standard and limitations of current 3-D printing technologies provided to their normal wear and tear and (iii) their intended use following all of Macu’s instructions and requirements (the “General Warranty“).
Irrespective of the foregoing, the General Warranty does not cover defects and damages due to (i) on-site printed customized designs (i.e. Macu explorer), (ii) accidents, neglect, misuse or operation beyond Macu’s capacity, (iii) parts damaged by improper modification, installation, false specification or measurement, substitution of parts, not approved by Macu, (iv) any alteration or repair by others that, in Macu’s judgment, materially or adversely affects the product, part or service, (v) that were not possible for Macu to know, given the state of scientific and technological knowledge at the moment the product was put into circulation; (vi) and/or to the conformity of the Products with binding government rules. Furthermore, the General Warranty does not include insignificant deviation of the quality of the delivered Products. It is thereby acknowledged that the color of the Product may vary and abrade due to normal wear and tear.
It is the sole responsibility of the Customer to provide the correct measurements required for the configuration of any Products of Macu, unless measurements are taken by or directly assisted by Macu. Macu explicitly disclaims any liability and warranty for the correct measurement, provision of the spacer lengths and any new or final products assembled with Macu’s Products, unless measured in conformance with all Macu recommendations or directly by Macu.
The General Warranty only applies to the Products, subject to normal usage of the Online Configurator, without unapproved arm measurement methods and arm stump characteristics not supported by the used system or Macu. Macu provides the use of the Online Configurator on an “as is” basis and does not warrant for the merchantability of any software application required for the use of the Online Configurator.
For the avoidance of doubt, there is no defect if an individual adaptation of the delivered Product is no longer possible due to unforeseeable physical changes in the wearer of the Product between the time of the Order and the adaptation date.
Macu is not responsible for the durability and useful life of the Product or any final product the Product is used for, if materials are added to the Product or the Product or a final product the Product is used for is assembled by any third party, including the Customer (e.g. an Atop or BOA lacing system added by a Customer). In particular, any warranty and liability due to the assembly of the Product or the assembly of a final product the Product is used for by a third party, including the Customer, is excluded.
LIABILITY
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
CODE OF CONDUCT
We have submitted to the following codes of conduct:
ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-disputeresolution/adr-in-europe/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
FINAL PROVISIONS
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office