Thank you for your interest in our MASTIX products!
Terms of Use
Mastix GmbH
registered in the commercial register Stuttgart HRB 777454
Table of contents
Right of withdrawal
1. General
2) Order, conclusion of contract, transfer of risk
3) Prices
4) Delivery times, delivery delays
5) Delivery, delivery dates and information
6) Terms of payment
6a) Payment by invoice and financing
7) Due date and payment, default
8) Set-off, retention
9) Retention of title
10) Warranty for defects, liability, guarantees
11) Right of withdrawal, cost-bearing agreement, cancellation policy,
Return of goods § 11a Voluntary return guarantee for deliveries within Germany
12) Data storage
13) Final provisions
address
1. General
The following General Terms and Conditions (GTC) apply to the business relationship between Mastix GmbH (hereinafter: Mastix) and the customer in the version valid at the time of the order. The contract language is German.
Customers within the meaning of these General Terms and Conditions are consumers, entrepreneurs and other natural and legal persons.
“Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction with Mastix for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. (§ 13 BGB)
“Entrepreneur” within the meaning of these terms and conditions is any natural or legal person who enters into a business relationship with Mastix in the exercise of his or her commercial or independent professional activity.
2 Order, conclusion of contract, transfer of risk
Mastix undertakes to accept the order under the conditions of the website.
Mastix will immediately confirm receipt of the order to the customer by email. Unless expressly stated otherwise, this confirmation of receipt does not constitute a binding acceptance of the order.
In dealings with consumers, the purchase contract is concluded upon delivery, otherwise upon handover to the carrier.
Therefore, placing an order by the customer does not constitute a contract between the customer and Mastix. If the customer chooses the payment method “prepayment” or “PayPal”, the contract is concluded when the order confirmation and the payment request are sent.
When sending goods to consumers, Mastix bears the transport risk. If the recipient is not a consumer within the meaning of these General Terms and Conditions, the risk passes to the recipient when the goods are handed over to the freight forwarder (Section 447 of the German Civil Code).
To place an order, the customer must complete the following steps:
1) By clicking on “Add to cart” the item will be placed in the shopping cart without obligation.
2) You can view all the items you have put in your shopping cart using the "Shopping cart" link. Here you can also delete items, change the quantity, enter gift options or any special requests for the item (e.g. details on embroidery).
3) To purchase the items in your shopping cart, click on the "Checkout now" link. This will start the encrypted ordering process. No registration is required to place an order.
4) During the ordering process, first enter the billing address and, if necessary, a different delivery address.
5) You can then enter your payment details. At this point you also have the opportunity to enter comments about the order and, if necessary, further information and shipping requests.
6) Before you submit the order, you will receive an overview of all the data relating to your planned orders on the overview page (in particular, billing and delivery addresses, product, price, quantity, payment method). The data you have entered can be corrected and adjusted by clicking on "Change".
7) By clicking the button “order with payment” you submit your order. You hereby submit an offer to conclude a purchase contract.
You can also order using the Mastix WhatssAPP number at 0049 (0) 176 / 55 299 330.
3 Prices
Unless expressly stated otherwise, all prices are final prices in euros including the applicable VAT.
In principle, the prices valid at the time of the order apply.
For orders without an explicit price commitment, the prices on the day of delivery apply. This also applies to partial deliveries. If prices have increased between the order and delivery, Mastix will inform the customer and ask for confirmation of the new price. If the customer does not confirm the price within 5 working days, the purchase contract will not be concluded.
You can find out the validity period of limited-time offers in the shop where they are displayed.
4 Delivery times, delivery delays
Delivery will take place within 10 working days (Monday to Friday, excluding public holidays) at the latest after the payment order has been issued to the transferring credit institution (in the case of advance payment) or in all other cases after the contract has been concluded.
For custom-made and special products according to customer specifications, delivery takes place within 20 working days after receipt of the order.
Orders for our MASTIX.Bikes are picked up and delivered every 3 months.
Delivery delays will be communicated to the customer immediately by email. If the ordered product is no longer available because Mastix's supplier does not deliver the ordered product through no fault of its own, Mastix may withdraw from the contract. In this case, Mastix will inform the customer immediately and, if necessary, suggest a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, Mastix will immediately reimburse the customer for any consideration already paid.
Detailed information on delivery times and other exceptions to the delivery times stated above can be found on the respective product page.
5 Delivery, delivery dates and information
Unless otherwise agreed, delivery will be made from the warehouse to the delivery address specified by the customer. Partial deliveries are subject to free delivery for the customer, provided that the partial delivery is reasonable for the customer. Shipping costs are only charged once per order.
All information is non-binding.
Delivery times specified by the customer do not constitute a delivery promise.
6 Terms of payment
Depending on the delivery location and the order value, the customer is offered various payment methods during the ordering process. Customers can pay in advance, by bank transfer (account opening), credit card, Klarna installment purchase, Bitcoin or direct debit (direct debit) and PayPal. Any expenses are borne by the customer.
Delivery against open invoice or payment by check is only possible to a limited extent. Deliveries against open invoice abroad are only made based on a special agreement.
Mastix reserves the right to restrict the possible payment methods in individual cases.
Payment details can be found at www.mastix.bike.
6a Payment by invoice and financing
In cooperation with Klarna, we offer you the payment options of purchase on account and the Klarna installment purchase financing service. When paying with Klarna, you never have to provide your account details and only pay once you have received the goods.
When paying by Klarna invoice or Klarna installment purchase, delivery to a delivery address other than the billing address is not possible. We ask for your understanding.
Klarna invoice
When purchasing on account with Klarna, you always receive the goods first and always have a payment period of 14 days. Further information and Klarna's complete terms and conditions for purchasing on account can be found here: https://online.klarna.com/villkor_de.yaws?eid=13976&charge=1.50
Klarna installment purchase
With Klarna's installment purchase financing, you also receive the goods first. All your purchases are then summarized on one invoice at the end of the next month. You can then pay this invoice in flexible installments, but you can also pay the full amount at any time. You can find more information about Klarna's installment purchase financing service at https://online.klarna.com/account_de.yaws?eid=13976. You can download the full terms and conditions for Klarna installment purchase at http://www.klarna.se/pdf/Contract-conditions.pdf.
Klarna checks and evaluates the data provided by the consumer and, if there is a legitimate reason, exchanges data with other companies and credit agencies (credit check). If the consumer's creditworthiness cannot be guaranteed, Klarna AB can refuse to allow the customer to use Klarna's payment methods and must inform them of alternative payment options. Your personal data will be treated in accordance with the statutory provisions of the Data Protection Act and will not be passed on to third parties for advertising purposes. You can find out more about Klarna's data protection provisions here: http://klarna.com/pdf/Datenschutz_DE.pdf
7 Due date and payment, default
Invoices from Mastix are due immediately and payable without any deductions.
If the direct debit procedure is agreed, the account is generally debited after the goods are dispatched. The period for advance notice (pre-notification) is reduced to 1 day. The customer undertakes to ensure that there are sufficient funds in the account. Costs arising from non-payment or reversal of the direct debit are borne by the customer, provided that the non-payment or reversal is not due to Mastic's fault. If payment is made by credit card, the debit is made on the day the invoice is issued.
From the 30th day after the due date, Mastix is entitled to demand default interest of 5% pa above the base interest rate announced by the Deutsche Bundesbank. If Mastix can prove that it has incurred greater damages due to the delay, Mastix is entitled to claim these. A prior reminder is not required (Section 286 Paragraph 2 No. 1 BGB).
There is a charge for sending written reminders. Payments received after a reminder are first posted to the costs, then to the interest and finally to the principal (§ 367 Para. 1 BGB). If the customer does not meet his payment obligation despite a reminder, Mastix will commission a third party (lawyer, debt collection service provider) to collect the debt. Any additional costs incurred as a result of this must be borne by the customer. Entries in Schufa and other credit agencies remain reserved. If fraud is suspected, Mastix will always file a criminal complaint with the responsible public prosecutor's office.
8 Set-off, retention
The right to offset can only be exercised if the counterclaims have been legally established by a court or are undisputed or recognized by us. In addition, the exercise of a right of retention is only permissible if the counterclaim is based on the same contractual relationship.
9 Retention of title
Mastix reserves ownership of the delivered products until the purchase price has been paid in full.
10 Warranty for defects, liability, guarantees
The warranty is based on the statutory provisions.
The warranty period for consumers is 24 months for new goods and 12 months for all other goods. The warranty period begins on the day of delivery to the buyer. For all defects in the purchased goods that occur during the statutory warranty period, there are statutory claims for subsequent performance, for remedy of defects/new delivery and, if the statutory requirements are met, also further claims for reduction or withdrawal as well as for compensation, including compensation in lieu of performance, and reimbursement of your wasted expenses.
If delivered items have obvious material or manufacturing defects, please report them to us as soon as possible. In the case of transport damage, the damage must also be reported to the delivery service. In the case of obvious damage, a damage report must be drawn up. For consumers, failure to make this complaint has no consequences for their legal claims.
Customers who are not consumers within the meaning of these General Terms and Conditions are obliged to inspect the delivered goods immediately (Section 377 of the German Commercial Code).
Mastix excludes liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by vicarious agents.
If own or manufacturer guarantees are granted, the details can be found in the guarantee conditions, which can be viewed online in the product detail view and are included in writing with the delivery. The statutory rights arising from the guarantee are not restricted by other voluntary guarantee services.
11 Right of withdrawal, cancellation policy, return of goods
The consumer (Section 13 BGB) has a right of withdrawal in accordance with Section 355 BGB.
Customers who are not consumers within the meaning of these Terms and Conditions are granted a voluntary 14-day right of return, whereby the return must be made at the customer's expense and risk. The period begins with the conclusion of the purchase contract, but not before the goods have been delivered to the specified delivery address.
In business transactions with customers who are not consumers within the meaning of these General Terms and Conditions, in addition to the items excluded from the right of withdrawal, promotional items, special offers, mats and weight items are also excluded from the right of return.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to distance contracts for the delivery of goods
1) Goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as individualised articles and custom-made products (e.g. stickers, flocking, printing, embroidery, engraving),
2) Sound or video recordings and software in sealed packaging, if the seal has been removed after delivery,
3) sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
4) Goods that are liable to spoil quickly or whose expiration date would soon be exceeded.
Covering the costs of returns
The direct costs of returning the goods when exercising the right of withdrawal shall be borne by the consumer.
—- Start of the cancellation policy —- Correct
Right of withdrawal for consumers in the EU
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us, Mastix Limited, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). The withdrawal must be sent to:
Mastix GmbH
returns
Lochergauerstrasse 13
D-74357 Boennigheim
Tel: 0049 – 176 / 55 299 330
Email: contact@Mastix.bike
You can use the attached model cancellation form for this purpose, although this is not mandatory. You can also electronically fill out and submit the model cancellation form or another clear statement on our website http://www.Mastix.bike. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a cancellation.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered). We will cancel this contract immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof
You must return or hand over the goods to us or to the address stated above promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you return the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
-- End of revocation --
11a Voluntary return guarantee for deliveries within Germany
In addition to your legal rights, we offer you the following voluntary return guarantee:
Products from our regular range that you purchase as a consumer from Mastix with a delivery address in Germany can be returned to us within 14 days of receipt of the goods, provided that none of the reasons for excluding the statutory right of withdrawal apply. The goods are complete and in the same condition as when received. Special offers and goods that are excluded from the right of withdrawal cannot be returned even within the scope of the return guarantee.
The goods must be returned to the following address:
Mastix GmbH
returns
Lochgauerstrasse 13
D-74357 Boennigheim
Phone: 0049-176/55 299 330
Fax: 03533/4890585
Email: contact@Mastix.bike
If you return goods under this voluntary return guarantee, we will refund the purchase price.
As part of the voluntary return guarantee, Mastix never covers the return costs and charges a restocking fee
– for goods with a value of more than EUR 1,000.00, if
— the goods to be returned are items from the regular Mastix range,
— these are items that were not purchased as part of a special offer (article number range SA… or SX…) or discontinued items and
— the items in question are not bulky goods (see item details page),
– and in connection with the return, a new order is placed at the same time (the new order can be placed in advance by telephone or via the web shop or also with the return slip)
. It can be concluded that there was damage during production or transport.
The return label (DHL parcel label) can be requested from Mastix within 14 days of delivery.
The use of our DHL return label is mandatory if you want to return goods to us as part of our voluntary return guarantee. You will receive a DHL parcel label from us by email. Stick this parcel sticker on the parcel and drop it off at the nearest post office. You will incur costs if you return goods as part of our voluntary return guarantee within 14 days of receiving the goods.
You are free to return goods outside of our voluntary return guarantee via another shipping service provider at your own expense.
This return guarantee does not limit your statutory rights and therefore also not your right of withdrawal, which of course applies in addition to our voluntary return guarantee.
12 Data storage
Our data protection practices are in line with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). We use your inventory data exclusively to process your order.
All personal data is treated confidentially. As part of the order processing, the data required for business transactions is stored and processed. When processing data, the customer's legitimate interests are taken into account in accordance with the statutory provisions. (see data protection declaration)
The contract text is saved by Mastix. The customer can print or save the order data after placing his order. If the order documents are lost, Mastix will send the customer a copy of the order data upon written request by email, fax or letter.
§ 13 Final provisions
Otherwise, German law applies exclusively.
If the private end consumer does not have a place of residence within the European Union, our place of business shall be the place of jurisdiction.
In transactions with end consumers within the European Union, the law of the end consumer's place of residence may also apply if mandatory consumer law provisions apply.
________________________________________
Mastix GmbH
Lochergauerstrasse 13
D-74357 Bönnigheim/ Hofen
GERMANY
Telephone: (+49) 0179 / 55 299 330
Email: contact@mastix.bike
VAT ID No. DE246388978
registered in Germany
Commercial Register Stuttgart HRB 777454
Managing Director:
Office of Johann Brückner
Hours:
Monday to Friday 10:00 – 12:00
Monday and Thursday 2:00 p.m. – 5:00 p.m.
Person responsible for content according to § 10 paragraph 3 MDStV: Robert Brückner
