Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Maximilian Fromm, trading under "MazorDesign" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to either their commercial or self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, online contact form, post, or telephone.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal terms of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a payment method offered by PayPal that can be selected in the online ordering process, the Seller declares acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.

2.5 If "Amazon Payments" is selected as the payment method, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the Amazon Payments Europe User Agreement, accessible at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the moment when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account using the corresponding login data free of charge.

2.7 Before submitting the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the magnification function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they have provided for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered when using SPAM filters.

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 Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds 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 payment options available to the Customer are communicated in the Seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller provides an advance to the Customer (e.g., invoice or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data provided. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with the effect of discharging the debt. The Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and refunds.

4.6 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account that is activated for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be accessed on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, which the Customer may be informed of separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.8 If a payment method offered via "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms and conditions of Klarna can be accessed here:

https://mazordesign.com/pages/zahlungsmoglichkeiten

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the costs of the return shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy applies when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person entitled to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer when the Seller delivers the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in cases where the non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

• via download
• via email
• by post

6) Retention of Title

If the Seller provides an advance, they retain ownership of the delivered goods until the owed purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory liability for defects applies. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the limitation period does not start again if a replacement delivery is made as part of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of the limitation period do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in cases where the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the Customer fails to comply with the duty to inspect and give notice of defects, the goods are considered approved.

7.5 If the Customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and inform the Seller. If the Customer does not comply, this has no impact on their statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Specific Customer Requirements

8.1 If the Seller, in addition to the delivery of goods, also owes the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all necessary content for the processing, such as texts, images, or graphics, in the formats, formats, image and file sizes specified by the Seller, and grant the Seller the necessary usage rights for this purpose. The Customer is solely responsible for the procurement and acquisition of rights to these contents. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. The Customer, in particular, ensures that no rights of third parties are violated, especially copyrights, trademarks, and personal rights.

8.2 The Customer indemnifies the Seller against claims by third parties that they may assert against the Seller 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 necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the Customer is not responsible for the legal violation. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for the examination of the claims and a defense in the event of a claim by third parties.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or is contrary to public policy. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or glorifies violence.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller within the framework of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as "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 may be excluded from the voucher promotion, provided a corresponding restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before the conclusion of the ordering process. A 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 insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.8 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. The Seller can make a payment with discharging effect to the respective holder 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 non-authorization, legal incapacity, or lack of representation authorization of the respective holder.

10) Redemption of 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, provided the voucher does not state otherwise.

10.2 Gift Vouchers and remaining credits of Gift Vouchers are redeemable until the end of the third year after the year of the Gift Voucher purchase. Remaining credits are credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the conclusion of the ordering process. A 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 further Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The credit of a Gift Voucher is neither paid out in cash nor does it bear interest.

10.8 The Gift Voucher is transferable. The Seller can make a payment with discharging effect to the respective holder 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 non-authorization, legal incapacity, or lack of representation authorization of the respective holder.

11) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.