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Terms & Conditions

Standard Business Terms and Customer Information

 

Content 

  1. Scope and Basic Provisions
  2. Conclusion of a Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms 
  6. Title Retention 
  7. Warranty for Defects
  8. Special conditions for the processing of goods according to certain specifications of the customer
  9. Redemption of promotional vouchers
  10. Redeeming gift vouchers
  11. Applicable law
  12. Place of jurisdiction 
  13. Code of Conduct
  14. Alternative dispute resolution

 

1) Scope 

1.1 These general terms and conditions (hereinafter "GTC") of Made in Freedom UG (limited liability) (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") completes with the seller with regard to goods in his online shop. Unless otherwise agreed upon, the inclusion of the customer's own conditions is ruled out.

1.2 These terms and conditions apply according to the GTC for contracts for the delivery of vouchers, unless otherwise regulated.

1.3 A consumer in the sense of the following terms and conditions is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term businessman refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

 

2) Conclusion of the Contract
2.1
The product descriptions contained in the online shop of the seller do not represent binding offers of the seller, but solely serve the purpose to enable the customer to make a binding offer to the seller.

2.2 The customer can make this offer via the online order form that is part of the online shop of the seller.  For this to happen the customer, after having entered his/her personal details, is making a legally binding offer of contract for the goods or services contained in his/her shopping basket by pressing the submit button which finalizes the order activation. The customer may also make this offer to the seller by phone, email, mail or online contact form. 

2.3 The seller can accept the customer’s order within five days 

  • by sending the customer a written or electronic order confirmation (fax or email), decisive in this is the point in time when the customer receives the order confirmation
  • by delivering the ordered goods to the customer, decisive in this is the receipt of the goods by the customer
  • By requesting payment from the customer once the customer’s order has been received.

If more than the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives happens first.  Does the seller not accept the customer’s offer within the aforementioned time limit, it will be deemed as a rejection of the offer with the consequence that the customer is no longer legally bound to his/her declaration of intent.

 

2.4 If the payment method "PayPal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as the payment method as part of the online order process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.

 

2.6 Before placing the order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and making contact with the customer is generally effected by email as part of an automated order processing. The customer must ensure that the email address he/she has provided for order processing is correct, so that the emails sent by the seller to this address are received by the customer accordingly. The customer must in particular ensure that any SPAM filters in operation do not prohibit the customer receiving the emails sent by the seller or by third parties contracted to handle the seller’s order processing.

 

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Terms 

4.1 The prices stated by the seller are end prices and include statutory value added tax. Any additionally incurred delivery and shipment costs shall be indicated separately in the respective product description.

4.2 When delivering to countries outside of the European Union further costs may in individual cases be incurred, which shall be borne by the customer and not the seller. These include for instance costs for money transfers by credit institutes (e.g. bank transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer has different payment options at his/her disposal, as indicated on the seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately upon contract conclusion, unless the parties have agreed a later due date.

4.5 If the payment method "PayPal" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account. If the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 

 

4.6 If you choose a payment method offered by the "Klarna" payment service, payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's conditions can be found in the seller's payment information, which can be viewed at the following Internet address:

https://madeinfreedom.de 

5) Delivery and Shipping Terms 

5.1 The delivery of goods is effected regularly by shipment and to the address as indicated by the customer. When processing the transaction the delivery address entered during the order process of the seller shall be decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.

5.2  In the event of the carrier company returning the goods shipped back to the seller because it was not possible to deliver to the customer, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer exercises his/her right of revocation by not accepting the delivery. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3  In the case of collection by the seller, the seller first informs the customer by email that the goods he ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consulting the seller. In this case, no shipping costs will be charged.

5.4  Vouchers are given to the customer as follows:

  • via download 
  • via E-Mail
  • via mail

6) Retention of title

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

 

7) Warranty for Defects

7.1  If the purchased item is defective, the provisions of the statutory liability for defects apply. 

7.2  The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

 

8) Special conditions for the processing of goods according to certain specifications of the customer 

8.1  If, according to the content of the contract, the seller owes the processing of the goods in accordance with the customer's specifications in addition to the delivery of the goods, the customer must provide the operator with all the content required for processing such as text, images or graphics in the file formats, formats, and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the right to use the content provided to the seller. In particular, he ensures that no third-party rights are infringed, in particular copyrights, trademarks and personal rights.

8.2 The customer releases the seller from third party claims, which they can assert in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all legal and legal costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and defense in a prompt, truthful and complete manner. 

8.3  The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or is contrary to common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and / or violence-glorifying content. 

9)  Redemption of promotional vouchers 

9.1  Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2  Promotional vouchers can only be redeemed by consumers.


9.3  Individual products can be excluded from the voucher campaign if there is a corresponding restriction in the content of the campaign voucher. 

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 

9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 

9.8 The credit of a promotional voucher is neither paid out in cash nor interest.

9.9 The promotional voucher will not be reimbursed if the customer returns all or part of the goods paid for with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller can provide a liberating effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner.

10) Redeeming gift vouchers 

10.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise. 

10.2 Gift vouchers and remaining gift vouchers can be redeemed up to the end of the third year after the year the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers. 

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. 

10.7 The credit of a gift voucher is neither paid out in cash nor interest. 

10.8 The gift voucher is transferable. The seller can liberate the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity for business or the lack of authorization to represent the respective owner. 

11) Applicable law 

All legal relationships between the parties are subject to the laws of the Federal Republic of Germany except for the laws about the international purchase of movable goods. For consumers this choice of law only applies as long as the protection granted is not removed by imperative provisions of the law of the state in which the consumer has his/her habitual residence.

12) Place of Jurisdiction 

If the customer acts as a merchant, a legal entity under public law or under public law special funds with his/her ordinary place of jurisdiction in the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all claims arising from this contract.   If the customer has his/her registered office outside of the Federal Republic of Germany, the sellers registered office shall be the exclusive place of jurisdiction for all disputes arising from this contracts, if the contract or claims arising from this contract can be attributed the professional or commercial activity of the customer. In the aforementioned cases the seller shall at any rate be entitled to seek redress in a court at the customer’s registered office. 

13) Code of Conduct 

The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedbedingungen/.

14) Alternative dispute resolution
14.1
The EU Commission provides a platform on the Internet under the following link for online dispute resolution available: https://ec.europa.eu/consumers/odr . This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 

 

14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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