General terms and conditions

1. Conclusion of the 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 / letter / phone. 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 in case of revocation
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 the Netherlands is 3-5 working days, in exceptional cases (delays caused by the transport company, or customs formalities) up to 14 days.

6. Cancellation policy / right of withdrawal
Only if the customer is a consumer in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, there is a statutory right of revocation, about which we instruct as follows:

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 BeNeLux // Inh. Sandra Hermanowski | Schönecker Weg 3 | 12555 Berlin | Germany | Email: shop@masalo.nl | Tel.: +31 (0) 85 20 87 333
by a clear statement (eg a consigned by post mail, telephone 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 https://masalo.nl/shop/media/content/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. Terms of payment
Payment shall be made either in advance, cash on delivery, ideal, 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
You will receive the invoice via email when the goods are shipped to the email address you provided when placing the order.

9. Warranty
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

10. Liability
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 protection
Our data protection declaration applies, which you can access here:
https://masalo.nl/en/privacy-notice-and-disclaimer/
When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data in accordance with the statutory provisions. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and operating system of your PC, and the pages you view are logged. However, it is not possible for us to draw conclusions about personal data, nor is this intended. The personal data that you provide to us, e.g. when placing an order or by e-mail (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment. We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties for the implementation and handling of processing operations, the provisions of the GDPR are complied with.

Duration of storage:
Personal data that has been communicated to us via our website is only stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the duration of storage of certain data may be up to 10 years.

Your rights:
If you no longer agree to the storage of your personal data or if this data has become incorrect, we will arrange for the deletion, correction or blocking of your data within the framework of the legal provisions on the basis of a corresponding instruction. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact:
Masalo BeNeLux // Inh. Sandra Hermanowski | Schönecker Weg 3 | 12555 Berlin | Germany | Tel: +31 (0) 85 20 87 333 | Email: shop@masalo.nl

Links to other Internet sites:
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 offers on the Internet are valid as long as they are presented on the Internet.

13. Consumer Dispute Resolution
The European Commission provides a platform for online out-of-court dispute resolution (“ODR platform”), which is available at www.ec.europa.eu/consumers/odr can be accessed. You can find our e-mail address in our imprint. We are neither obligated nor willing to participate in the dispute resolution process.

14. Applicable Law
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
The competent court at the registered office of Masalo KG, 21337 Lüneburg shall be agreed as the place of jurisdiction.
In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

15. Contact details:
Masalo BeNeLux
Inh. Sandra Hermanowski
Schönecker Weg 3
12555 Berlin
Germany

Tel.: +31 (0) 85 20 87 333
Email: shop@masalo.nl

VAT ID: DE364628443