Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. CONTRACTING PARTIES

The saleswoman

Coneville Creation GmbH

Company registration number: FN602799w

Johann-Steinperl-Str. 4

A - 3150 Wilhelmsburg

(makasol is a registered trademark of the seller)

is an entrepreneur within the meaning of the UGB and KSchG. It sells its products via distance contracts, i.e. contracts concluded between an entrepreneur and a consumer without the simultaneous physical presence of the entrepreneur and the consumer within the framework of a sales or service system organized for distance selling, whereby only means of distance communication are used up to and including the conclusion of the contract to customers who are consumers within the meaning of the KSchG.

2. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts that the seller concludes with customers as consumers via its online shop www.makasol.com .

3. INFORMATION OBLIGATION

The seller fulfils its obligation to provide information within the meaning of Section 4 of the Federal Law on Distance Selling and Contracts Concluded Outside Business Premises (Distance and Off-Premises Selling Act – FAGG) as follows:

3.1. The essential characteristics of the respective object of purchase can be found in the description of the product in the online shop www.makasol.com

3.2. The seller’s data and contact details are correct and complete as stated in point 1.

3.3. The total price of the purchased item, including all taxes and duties, all additional freight, delivery, shipping or other costs or, if these costs cannot reasonably be calculated in advance, the possible occurrence of such additional costs, will be communicated to the customer in the online shop before the purchase contract is concluded.

3.4. The payment, delivery and service conditions are regulated in points 5 and 6 of these General Terms and Conditions.

3.5. The period within which the goods are to be delivered after the entrepreneur's promise is regulated in point 6.2.

3.6. The procedure for the entrepreneur to deal with complaints is regulated in point 8.2.

3.7. The conditions, deadlines and the exercise of the right of withdrawal as well as the associated costs, any obligation to pay a pro rata amount, non-existence of the right of withdrawal are regulated in point 7.

3.8. References to the existence of a statutory warranty for the goods and, where applicable, the existence and conditions of after-sales services and commercial guarantees are regulated in point 8.2.

3.9. Provisions regarding the duration of the contract, conditions for termination of indefinite contracts or automatically renewable contracts, and, where applicable, the minimum duration of the obligations entered into by the consumer under the contract, are regulated in point 4.

4. CONCLUSION OF THE CONTRACT

4.1. The seller's goods are presented via the online shop www.makasol.com . The presentation itself does not constitute an offer to purchase. The contract is only concluded when the order is subject to payment.

​4.2. After the seller has received an order via the input form, the seller will immediately send the customer a confirmation of receipt by email, which will document the customer's order once again. This confirmation of receipt merely confirms that we have received your order, but does not constitute acceptance of your offer.

4.3. The contract between the contracting parties is only concluded when the seller confirms acceptance of the order to the customer by separate email (“order confirmation/invoice”) or dispatches the goods.

4.4 Unless otherwise agreed, only target school relationships will be established.

5. PAYMENT TERMS

5.1. The total price (purchase price including delivery and freight costs) will be communicated to the customer in full on the homepage before placing his order. It is due upon conclusion of the contract and must be paid by the customer at that time.

5.2. The item will not be dispatched until the purchase price has been paid in full.

5.3. If a payment is cancelled and not made within 14 days of the order, the seller can withdraw from the contract or claim payment out of court or in court. In the event of late payment, the seller is entitled to demand statutory default interest (currently 4% pa). If the seller can prove that it has incurred greater damages due to the delay, it is entitled to claim these.

5.4. Until full payment has been made, ownership of the goods shall remain with the Seller.

5.5. The customer can pay using the following payment methods:

• PayPal
• Credit cards: VISA and MasterCard
• Shopify Payments
• Sofortüberweisung

5.6. If the goods cannot be delivered to the customer for reasons within the seller’s sphere of influence, the seller undertakes to refund the purchase price to the customer.

6. DELIVERY

6.1 Unless otherwise agreed, delivery will be made to the address specified by the customer when ordering.

6.2. The transfer of risk to the customer under civil law occurs when the goods are handed over to the customer by the transport company selected by the seller. If delivery or compliance with an agreed delivery time is impossible due to circumstances for which the seller is not responsible, the seller is entitled to withdraw from the contract in whole or in part. The seller will inform the customer of this immediately. Claims for damages are excluded in this case due to the seller's lack of fault. The customer will be informed of existing delivery restrictions before the order process begins.

6.3. The seller points out that all information on availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. If the seller determines during processing of the order that products ordered by the customer are not available, the customer will be informed of this separately by email or by message in the message center in his customer account. The customer's legal claims remain unaffected. If delivery to the customer is not possible because the delivered goods do not fit through the customer's front door, front door or staircase or because the customer cannot be found at the delivery address provided by him, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.

7. RIGHT OF WITHDRAWAL AND CANCELLATION

7.1 Right of withdrawal according to FAGG

§11.

(1) The consumer may withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving any reason.

(2) The period for withdrawal begins

1. for service contracts, on the day of conclusion of the contract,
2. in the case of sales contracts and other contracts aimed at the purchase of goods for a fee

(a) the day on which the consumer or a third party other than the carrier designated by the consumer acquires physical possession of the goods,
(b) where the consumer has ordered several goods within the framework of a single order which are delivered separately, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the last delivered good,
(c) where goods are delivered in several partial deliveries, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the last partial delivery,
(d) in the case of contracts for the regular delivery of goods over a specified period of time, the day on which the consumer or a third party other than the carrier and designated by the consumer acquires possession of the first delivered goods;

3. in the case of a contract which does not concern the supply of water, gas or electricity in a limited volume or quantity, the supply of district heating or the supply of digital content not stored on a tangible medium, the day on which the contract is concluded.

§12.

(1) If the entrepreneur has failed to comply with his obligation to provide information pursuant to Section 4(1)(8), the withdrawal period provided for in Section 11 shall be extended by twelve months.

(2) If the trader provides the information within twelve months from the day on which the period begins pursuant to Section 11(2), the withdrawal period shall end 14 days after the date on which the consumer receives this information.

§13.

(1) The declaration of withdrawal does not need to be made in any particular form. The consumer may use the model withdrawal form set out in Annex I, Part B. The withdrawal period is met if the declaration of withdrawal is sent within that period.

(2) The trader may also offer the consumer the opportunity to electronically complete and submit the model withdrawal form set out in Annex I, Part B, or a differently worded declaration of withdrawal on the trader's website. If the consumer submits a declaration of withdrawal in this way, the trader shall immediately send him a confirmation of receipt of the declaration of withdrawal on a durable medium.

§14.

(1) If the consumer withdraws from the contract in accordance with Section 11 Paragraph 1, the trader must refund all payments made by the consumer, including delivery costs if applicable, without delay, but no later than within 14 days of receipt of the declaration of withdrawal. The trader must use the same means of payment for the refund that the consumer used to process his payment; however, the use of another means of payment is permitted if this has been expressly agreed with the consumer and the consumer does not incur any costs as a result.

(2) If the consumer has expressly opted for a type of delivery other than the cheapest standard delivery offered by the trader, he shall not be entitled to reimbursement of the additional costs incurred as a result.

(3) In the case of sales contracts and other contracts for the acquisition of goods against payment, the entrepreneur may refuse to reimburse the customer until he has received the goods back or until the consumer has provided proof of the return of the goods; this shall not apply if the entrepreneur has offered to collect the goods himself.

§15.

(1) If the consumer withdraws from a purchase contract or any other contract for the purchase of goods for a fee in accordance with Section 11 Paragraph 1, he must return the goods received to the entrepreneur immediately, but no later than 14 days after the declaration of withdrawal; this does not apply if the entrepreneur has offered to collect the goods himself. The return period is met if the goods are dispatched within the period.

(2) The direct costs of returning the goods shall be borne by the consumer; this shall not apply if the trader has agreed to bear these costs or if he has failed to inform the consumer of his obligation to bear the costs.

(3) In the case of contracts concluded away from business premises where the goods were delivered to the consumer's home at the time the contract was concluded, the trader shall collect the goods at his own expense if such goods are not normally sent by post due to their nature.

(4) The consumer shall only pay the trader compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The consumer shall under no circumstances be liable for a loss in value of the goods if he has not been informed by the trader of his right of withdrawal in accordance with Section 4 Paragraph 1 Item 8.

(5) Apart from the payments specified in this provision and any additional costs pursuant to Section 14(2), no other charges may be imposed on the consumer as a result of his withdrawal.

§18.

(1) The consumer shall have no right of withdrawal from distance contracts or contracts concluded away from business premises for

1. Services, if the entrepreneur – on the basis of an express request from the consumer in accordance with Section 10 and a confirmation from the consumer that he is aware of the loss of the right of withdrawal upon full performance of the contract – had begun to provide the service before the expiry of the withdrawal period in accordance with Section 11 and the service was then fully provided,

2. Goods or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period,

3. Goods that are made to customer specifications or are clearly tailored to personal needs,

4. Goods that can spoil quickly or whose expiration date would be quickly exceeded,

5. Goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,

6. Goods which, after delivery, have been inseparably mixed with other goods due to their nature,

7. alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

8. Sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,

9. Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,

10. Services in the areas of accommodation for non-residential purposes, transport of goods, rental of motor vehicles and supply of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the performance of the contract by the entrepreneur,

11. the delivery of digital content not stored on a physical data carrier, if the entrepreneur has started delivery before the expiry of the withdrawal period according to Section 11 - with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of premature commencement of the contract performance, and after providing a copy or confirmation in accordance with Section 5 Paragraph 2 or Section 7 Paragraph 3.

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7.2. Right of withdrawal according to the Consumer Protection Act

§3.

(1) If the consumer has not made his contractual declaration either in the premises permanently used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, he may withdraw from his contract application or from the contract. This withdrawal may be declared up until the conclusion of the contract or thereafter within 14 days. This period begins with the delivery of a document to the consumer which contains at least the name and address of the entrepreneur, the information necessary to identify the contract and instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but no earlier than the conclusion of the contract, in the case of sales contracts for goods, on the day on which the consumer takes possession of the goods. If such a document has not been delivered, the consumer has the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or delivery of the goods; If the trader subsequently issues the certificate within twelve months from the start of the withdrawal period, the extended withdrawal period shall end 14 days after the date on which the consumer receives the certificate.

(2) The right of withdrawal also exists if the entrepreneur or a third party cooperating with him has brought the consumer to the premises used by the entrepreneur for his business purposes as part of a promotional trip, an excursion or a similar event or by personally, individually approaching him on the street.

(3) The consumer shall not have the right of withdrawal

1. if he himself initiated the business relationship with the entrepreneur or his representative for the purpose of concluding this contract,

2.if the conclusion of the contract was not preceded by discussions between the parties or their representatives,

3. in the case of contracts where the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the nature of the business is not carried out in permanent business premises and the fee does not exceed 50 euros,

4.for contracts subject to the Distance and Doorstep Selling Act or the Insurance Contract Act, or

5. in the case of contractual statements made by the consumer in the physical absence of the entrepreneur, unless he was urged to do so by the entrepreneur.

(4) The declaration of withdrawal does not have to be made in any particular form. The withdrawal period is met if the declaration of withdrawal is sent within the period.

(5) The consumer may also withdraw from his contract application or from the contract if the entrepreneur has violated the commercial law regulations on the collection and receipt of orders for services (Section 54 of the Trade Regulations Act 1994), on the visitation of private individuals and promotional events (Section 57 of the Trade Regulations Act 1994) or on the receipt of orders for goods from private individuals (Section 59 of the Trade Regulations Act 1994). The provisions of paragraph 1, paragraph 3 items 4 and 5 and paragraph 4 also apply to this right of withdrawal. The consumer is also entitled to this right in the cases of paragraph 3 items 1 to 3.

§3a.

(1) The consumer may also withdraw from his contract application or from the contract if, without his instigation, circumstances which were decisive for his consent and which the trader presented as probable in the course of the contract negotiations do not occur or only occur to a considerably lesser extent.

(2) Relevant circumstances within the meaning of paragraph 1 are

1. the expectation of the cooperation or consent of a third party, which is necessary for the performance of the trader to be provided or used by the consumer,

2. the prospect of tax advantages,

3. the prospect of public funding and

4. the prospect of a loan.

(3) Withdrawal may be declared within one week. The period begins to run as soon as the consumer can see that the circumstances mentioned in paragraph 1 do not occur or only occur to a considerably lesser extent and he has received written instructions about this right of withdrawal. However, the right of withdrawal expires at the latest one month after the contract has been fully fulfilled by both contracting parties, and in the case of banking contracts with a contract term exceeding one year, at the latest one month after the contract has been concluded.

(4) The consumer shall not have the right of withdrawal if

1. he already knew or should have known during the contract negotiations that the relevant circumstances would not occur or would only occur to a considerably lesser extent,

2. the exclusion of the right of withdrawal has been negotiated in detail,

3. the entrepreneur agrees to make an appropriate adjustment to the contract or

4.the contract is subject to the Insurance Contract Act.

(5) Section 3 paragraph 4 shall apply mutatis mutandis to the declaration of withdrawal.

§4.

(1) If the consumer withdraws from the contract pursuant to Section 3 or Section 3a, the consumer shall be entitled to

1. the entrepreneur shall refund all services received, including statutory interest from the day of receipt, and shall reimburse the consumer for the necessary and useful expenditure incurred on the item,

2. the consumer must return the services received and pay the trader a reasonable fee for the use, including compensation for any associated reduction in the fair value of the service; the taking of the services into the consumer's custody shall not in itself be regarded as a reduction in value.

(2) If it is impossible or impracticable to return the services already provided by the trader, the consumer shall reimburse the trader for their value insofar as they are of clear and predominant benefit to him.

(3) Paragraphs 1 and 2 shall not affect claims for damages.

8. WARRANTY/LIABILITY

8.1. The seller is only liable for financial losses caused to the customer in the event of intentional and/or grossly negligent conduct. Liability for financial losses caused by slight negligence is therefore excluded.

8.2. The seller is liable for defects in accordance with the statutory warranty provisions. This requires a complaint from the customer. Warranty claims expire within the statutory warranty period of 2 years from the delivery of the purchased item to the customer. Unless expressly agreed otherwise, there is no liability for defects and/or guarantee beyond the statutory warranty.

9. OTHER PROVISIONS

9.1. The contractual relationships between the Seller and the Customer, in particular their validity, interpretation and disputes arising therefrom, shall be governed by Austrian law, with the exception of the UN Convention on Contracts for the International Sale of Goods and the reference standards (IPRG, Rome Convention, etc.).

9.2. Electronic transmission (e.g. by email) is equivalent to the written form of a declaration of intent.

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