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Terms and Conditions

 

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Remacs GmbH) via the website https://mac-store24.myshopify.com. Unless otherwise agreed, the inclusion of any terms you may have used is rejected.

(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract for the goods under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review and change the information in the order overview again (also via the "back" function of the internet browser) or to cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and, in particular, that it is not prevented by SPAM filters.

§ 3 Special Agreements on Payment Methods Offered

(1) Installment Purchase via easyCredit
For installment purchases via easyCredit, the General Terms and Conditions for installment purchases from easyCredit apply additionally. You can find the terms and conditions here (https://www.easycredit-ratenkauf.de/wp-content/uploads/2022/09/Ergaenzende_AGB_easyCredit-Ratenkauf_Sep2022.pdf).


(2) Payment via SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, the payment processing is carried out via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the payment method via SOFORT is that you have an online banking account that is activated for this purpose. During the payment process as part of the order, you must legitimize yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/ (https://www.klarna.com/sofort/).
(3) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:

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Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice); the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension).
You can find Klarna's invoice terms for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice); the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension).

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Installment Purchase ("Financing"): Detailed information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account); the terms for the "Pay in 3 Installments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3).
Detailed information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Austria, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account); the terms for the "Pay in 3 Installments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3).

- Direct Debit ("Pay Now") The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for the purpose of address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check.

More information about Klarna as well as Klarna's terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).


More information about Klarna as well as Klarna's terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user) and https://www.klarna.com/at/ (https://www.klarna.com/at/).
§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. As long as you meet your payment obligations properly, we do not reserve the right to collect the claim ourselves.

c) In the event of processing or combining the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) Statutory liability for defects applies.

(2) If you are informed by us before submitting the contract declaration and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from delivery of the goods. The above restriction does not apply:


- for damages attributable to us from injury to life, body, or health caused by intent or gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no impact on your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed by us before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description are considered to be the agreed condition of the goods, not other advertising, public promotions, or statements by the manufacturer.

b) In the case of defects, we provide warranty at our discretion through repair or replacement. If defect rectification fails, you can demand a reduction or withdraw from the contract at your discretion. The rectification is considered to have failed after the second unsuccessful attempt, unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the event of repair, we are not required to bear the increased costs arising from moving the goods to a location other than the place of fulfillment, provided the relocation does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

- for damages attributable to us caused by injury to life, body, or health, and in cases of intentional or grossly negligent caused other damages;
- if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Fulfillment, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.




II. Customer Information

1. Identity of the Seller

Remacs GmbH
Talstr. 18
71116 Gärtringen
Germany
Phone: +4970346557262
Email: k.ludwig@klmedia.info


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically secured using the print function of the browser. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or electronically secure.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. No shipping costs will be charged.

5.3. You are responsible for any costs of money transfer (transfer or exchange rate fees of the credit institutions) in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, the law states that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your own risk.

7. Statutory Warranty Rights

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 11/29/2023