Terms of Service
registered in the commercial register Stuttgart HRB 777454
Instructions on cancellation
2) Order, conclusion of contract, transfer of risk
4) Delivery times, delays in delivery
5) Delivery, delivery dates and information
6) Terms of payment
6a) Payment by invoice and financing
7) Due date and payment, default
8) Offsetting, retention
9) Retention of title
10) Warranty for defects, liability, guarantees
11) Right of withdrawal, agreement to bear costs, instructions on cancellation,
return of goods § 11a Voluntary return guarantee for deliveries within Germany
12) Data storage
13) Final provisions
For the business relationship between the company Mastix GmbH (hereinafter: Mastix) and the customer, the following General Terms and Conditions (GTC) apply in the version valid at the time of the order. The contract language is German.
Customers within the meaning of these GTC 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 be attributed predominantly neither to their commercial nor their independent professional activity. (§ 13 BGB)
“Entrepreneur” within the meaning of these terms and conditions is a natural or legal person who enters into a business relationship with Mastix in the exercise of their 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 immediately confirms receipt of the order to the customer by e-mail. 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.
The submission of an order by the customer therefore does not result in the conclusion of a contract between the customer and Mastix. If the customer chooses the payment method “payment in advance” or “PayPal”, the contract is concluded when the order confirmation and payment request are sent.
In the case of shipments 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 (§ 447 BGB).
In order to place an order, the customer must go through the following steps:
1) The item is placed in the shopping cart without obligation by clicking on “add to cart”.
2) All items that you have placed in the shopping cart can be viewed there by clicking on the “Shopping Cart” link. Articles can also be deleted here, the number changed, gift options or, if necessary, special requests for the article (e.g. details for embroidery) can be entered.
3) To purchase the items in the cart, click the “Checkout Now” link. This starts the encrypted ordering process. No registration is required to place an order.
4) In the ordering process, first enter the billing address and, if applicable, a different delivery address.
5) You can enter your payment details below. At this point you also have the opportunity to enter comments about the order and, if necessary, further information and requests for shipping.
6) Before you send the order, the overview page gives you an overview of all the data for your planned orders (in particular billing and delivery addresses, product, price, quantity, payment method). By clicking on “change” the entered data can be corrected and adjusted.
7) By clicking on the button “order with obligation to pay” you send your order. By doing so, you submit an offer to conclude a purchase contract.
You can also order by calling the Mastix WhatssAPP number on 0049 (0) 176 / 55 299 330.
Unless expressly stated otherwise, all prices are final prices in euros including the applicable VAT.
In principle, the prices at the time of the order apply.
For orders without express price fixing, the prices on the day of delivery apply. This then also applies to partial deliveries. If price increases have occurred between order and delivery, Mastix will inform the customer and ask for confirmation of the new price. If the price is not confirmed by the customer within 5 working days, the purchase contract is not concluded.
The period of validity of limited offers can be found in the shop where they are displayed in the shop.
4 Delivery times, delivery delays
The delivery takes place within 10 working days (Monday to Friday, excluding public holidays) at the latest after the payment order has been issued to the transferring bank (in the case of prepayment) or in all other cases after the conclusion of the contract.
In the case of made-to-measure and custom-made products according to the customer’s specifications, delivery takes place within 20 working days of receipt of the order.
Orders for our MASTIX.Bikes are collected and delivered every 3 months.
Delays in delivery will be communicated to the customer immediately by e-mail. If the ordered product is no longer available because Mastix is not supplied with the ordered product by its supplier through no fault of its own, Mastix can 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 above delivery time information can be found on the respective product page.
5 Delivery, delivery dates and information
Unless otherwise agreed, delivery is made from the warehouse to the delivery address specified by the customer. Partial deliveries that are free of charge for the customer remain reserved insofar as the partial delivery is reasonable for the customer. Shipping costs are charged only once per order.
All information is non-binding.
Prescribed delivery times on the part of the customer do not mean a delivery promise.
6 Terms of Payment
Depending on the place of delivery and the order value, the customer is offered various payment methods during the ordering process. Customers can pay in advance, bank transfer (open account), credit card, Klarna installment purchase, Bitcoin or direct debit (direct debit) and PayPal. Possible expenses are charged to the customer.
Delivery against an open invoice or payment by check is only possible to a limited extent. Deliveries on open account are only made abroad on the basis of a special agreement.
Mastix reserves the right to restrict the possible methods of payment 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 purchase on account and the Klarna installment purchase financing service as payment options. When paying with Klarna you never have to provide your account details and you only pay when you have received the goods.
With the payment methods Klarna invoice and Klarna installment purchase, delivery to a delivery address that differs from the billing address is not possible. We ask for your understanding.
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. Further information and Klarna’s complete terms and conditions for purchase on account can be found here: https://online.klarna.com/villkor_de.yaws?eid=13976&charge=1.50
Klarna installment purchase
With the Klarna installment purchase financing service, you also get the goods first. All your purchases will then be collected on one invoice at the end of the next month. You can then pay this bill in flexible installments, but you can also pay the full amount at any time. Further information on the Klarna installment purchase financing service can be found at https://online.klarna.com/account_de.yaws?eid=13976. You can download the complete 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 the customer Klarna’s payment methods and must point out alternative payment options. Your personal information will be treated in accordance with 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 regulations 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 direct debit has been agreed, the account will generally be debited after the goods have been dispatched. The period for the advance notice (pre-notification) is reduced to 1 day. The customer undertakes to ensure that the account has sufficient funds. Costs incurred as a result of non-payment or chargeback of the direct debit shall be borne by the customer as long as the non-payment or chargeback was not caused by Mastic. When paying by credit card, the charge will be made on the day of invoicing.
From the 30th day after the due date, Mastix is entitled to demand interest on arrears at a rate of 5% pa above the base interest rate announced by the Deutsche Bundesbank. If Mastix has demonstrably incurred a higher damage caused by delay, Mastix is entitled to assert this. A prior reminder is not required (§ 286 Para. 2 No. 1 BGB).
Written reminders will be sent for a fee. Incoming payments after reminders are first posted to the costs, then to the interest and finally to the main claim (§ 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 claim. Any additional costs arising from this are to be borne by the customer. Entries with the Schufa and other credit bureaus are reserved. If fraud is suspected, Mastix will in any case file a criminal complaint with the competent public prosecutor’s office.
8 Set-off, retention
The right to set-off can only be exercised if the counterclaims have been legally established by a court or are undisputed or acknowledged by us. In addition, the exercise of a right of retention is only permissible insofar as the counterclaim is based on the same contractual relationship.
9 Retention of title
Mastix retains 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 in all other cases. The warranty period begins on the date of delivery to the buyer. For all defects in the purchased item that occur during the statutory warranty period, the statutory claims for subsequent performance, for defect elimination/new delivery and, if the statutory requirements are met, the further claims for reduction or withdrawal as well as for damages, including compensation for damage instead of performance, apply at your choice as well as the reimbursement of your futile expenses.
If delivered items have obvious material or manufacturing defects, please report such defects to us as soon as possible. In the case of transport damage, the damage must also be reported to the delivery service. A damage report must be drawn up for obvious damage. For consumers, the omission of this complaint has no consequences for the statutory claims.
Customers who are not consumers within the meaning of these terms and conditions are obliged to check the delivered goods immediately (§ 377 HGB).
Mastix excludes liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb 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 result from the guarantee conditions, which are visible online in the product detail view and are attached in writing to the delivery. The statutory rights arising from the warranty are not restricted by additional voluntary warranty services.
11 Right of withdrawal, cancellation policy, return of goods
The consumer (§ 13 BGB) is granted a right of withdrawal according to § 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 at the customer’s expense and risk. The period begins with the conclusion of the purchase contract, but not before delivery of the goods to the specified delivery address.
In dealings with customers who are not consumers within the meaning of these General Terms and Conditions, promotional goods, special offers, mats and weight items are also excluded from the right of return in addition to the items excluded from the right of withdrawal.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to long-distance contracts for the delivery of
1) Goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as individualized articles and custom-made products (e.g. stickers, flocking, printing, embroidery, engravings) ,
2) sound or video recordings and software in sealed packaging if the seal was removed after delivery,
3) sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
4) Goods that can spoil quickly or whose use-by date would soon be exceeded.
Bearing the costs for returns
The direct costs of the return when exercising the right of withdrawal are borne by the consumer.
—- Beginning of cancellation policy —- Right
of cancellation for consumers in the EU
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us, Mastix Limited, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). The revocation must be sent to:
Tel: 0049 – 176 / 55 299 330
You can use the attached model cancellation form, which is not mandatory. You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website http://www.Mastix.bike. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that
You must return or hand over the goods to us or to the aforementioned address without delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
—- End of cancellation policy —-
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 There are reasons for the exclusion of the statutory right of withdrawal, the goods are complete and in the same condition as when they were received. Special offers and goods that are excluded from the right of withdrawal cannot be returned, even under the return guarantee.
The goods are to be returned to the following address:
Tel: 0049-176/55 299 330
If you return goods in accordance with this voluntary return guarantee, we will refund the purchase price.
As part of the voluntary return guarantee, Mastix never accepts the return costs and charges a RE-stocking 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,
— they are are items that were not purchased as a special offer (item number range SA… or SX…) or discontinued items and
— the items in question are not specified as bulky goods (see item detail page),
– and in connection with the return a new order is made at the same time (the new order can be ordered in advance by telephone or via the web shop or can also be made with the return slip)
. a production or transport damage can be concluded.
The return label (DHL package 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 under our voluntary return guarantee. You will receive a DHL parcel label from us via email. Attach this parcel sticker to the parcel and hand it in at your nearest post office. You will incur costs if you return goods within the scope of our voluntary return guarantee within 14 days of receipt of the goods.
You are free to return goods outside of our voluntary return guarantee, also at your own expense, using another delivery service.
This return guarantee does not limit your legal 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 practice is in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). We only use your inventory data to process your order.
The text of the contract is saved by Mastix. The customer can print out 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
Apart from that, German law applies exclusively.
If the private end user is not resident within the European Union, our place of business is the place of jurisdiction.
In transactions with end consumers within the European Union, the law at the end consumer’s place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
D-74357 Boennigheim/ Hofen
Phone: (+49) 0179 / 55 299 330
VAT ID no. DE246388978
registered in Germany
Commercial Register Stuttgart HRB 777454
Johann Brückner Office
Monday to Friday 10 a.m. – 12 p.m.
Monday and Thursday 2 p.m. – 5 p.m.
Responsible for content according to § 10 paragraph 3 MDStV: Robert Brückner