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 of your own terms and conditions is hereby objected to.

(2) A consumer within the meaning 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 partnership with legal capacity who acts in the exercise of their 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 listing the respective product on our website, we make you a binding offer to conclude a contract for the purchase of goods via the online shopping cart system 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 access the "shopping cart" 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 is finally displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data is displayed 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 sending the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the internet browser), or to cancel the order.

By sending 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 inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), 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 email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Installment purchase via easyCredit
For installment purchases via easyCredit, the General Terms and Conditions for Installment Purchase of 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 / Immediate Transfer
If you choose the payment method Sofort / Immediate Transfer, the payment is processed 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 enabled for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account is 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).
The Klarna invoice terms for Austria can be found 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"): Further information about installment purchase, 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 payment option "Pay in 3 Installments" 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).
Further information about installment purchase, 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 payment option "Pay in 3 Installments" 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. In this respect, we forward your data to Klarna for the purpose of address and credit check within the scope of initiating and processing the purchase contract. Please understand that we can only offer you the payment methods that are permitted based on the results of the credit check.

Further information about Klarna and the Klarna 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/).


Further information about Klarna and the Klarna 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 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 additionally:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security before the transfer of ownership of the reserved goods is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice amount, and we accept the assignment. You are authorized to collect the claim. If you do not properly fulfill your payment obligations, however, we reserve the right to collect the claim ourselves.

c) In the event of processing and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of 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 to the extent that 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) The statutory defect liability rights exist.

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


- for damages attributable to us caused by injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory defect claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it by us before making the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following warranty regulations apply differently:

a) Only our own specifications and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the defect removal fails, you can demand a reduction or withdraw from the contract at your discretion. The defect removal is considered failed after the second unsuccessful attempt unless something else arises in particular from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of fulfillment, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from 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 for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- 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 Performance, Jurisdiction

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

(2) The place of performance 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 have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The authority to also appeal to 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 online dispute resolution (ODR), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

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

3. Contract Language, Contract Text Storage

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 or electronically secured using the browser's print function. After we receive your order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For offer 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 or electronically secure.

4. Essential Features of the Goods or Services

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

5. Prices and Payment Methods

5.1. The prices stated 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 are incurred.

5.3. Any costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.

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

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the item, 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 a person otherwise designated to carry out the shipment.

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

7. Statutory Defect Liability

The defect liability is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of Händlerbund specializing in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last update: 29.11.2023