Terms of service

General Terms and Conditions of MASAKO Instrumente & Kosmetik

1. Preamble and scope

The following provisions together with the documents referred to are the General Terms and Conditions (“Terms”) for all orders placed through the Masako Instrumente webshop (“Online Shop”) by consumers and businesses with Masako Instrumente & Kosmetik, In der Florinskaul 14-16, 56218 Mülheim-Kärlich, Germany (“Masako”, “we” or “us”), insofar as this does not deprive you of any more extensive consumer protection applicable at your place of residence in Europe.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A business customer is a natural or legal person or a partnership with legal capacity acting in the course of its commercial or self-employed professional activity when entering into a legal transaction.

For business customers, these Terms also apply to future business relationships without Masako having to refer to them again. If a business customer uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they become part of the contract only if we have expressly agreed to them.

Please read these Terms carefully before placing an order with Masako. When placing an order, you will be asked to agree that these Terms apply to your order.

The Terms in force at the time of your order apply. We may make special offers subject to separate conditions.

2. Conclusion of the contract

a) Goods available in the Online Shop

You can purchase the products presented in the Online Shop.

b) Contractual declaration when placing an order

To place an order, you must add the desired products to your virtual shopping cart, follow the instructions during the checkout process, provide the requested information (for example your address, any different delivery address, payment method, shipping method and information required for personalization) and confirm that you agree to these Terms and have taken note of Masako's cancellation instructions. By clicking the button indicating an order with an obligation to pay at the end of checkout, you submit a legally binding offer to conclude a purchase contract for the products in your shopping cart (“Contractual Declaration”).

By displaying goods in the Online Shop, we do not yet make a binding offer to conclude a purchase contract. The contract between you and Masako is concluded only after we receive your Contractual Declaration and Masako accepts it. Acceptance takes place either by dispatching the goods or by sending a shipping confirmation by email, whichever occurs first. Confirmation that we have received your order does not constitute acceptance.

c) Help with your order

If you have difficulties placing your order through the Online Shop, please contact our customer service (see Section 8), which can assist you with the ordering process.

d) Contract language and storage of contract text

These Terms are available in German and English. The contract is concluded in German. We do not separately store the contract text (order data and terms of sale), but it will be sent to you by email. Our Terms can be accessed in the Online Shop at any time and printed via your web browser or saved on your own device.

3. Prices and payment terms

a) Prices

All prices include statutory VAT. Any shipping costs are displayed before you submit your order. Standard delivery within Germany is free for orders with a value of €75 or more.

b) Payment terms

The purchase price becomes due upon conclusion of the contract. You can pay for your order by Visa or Mastercard credit card, advance payment/bank transfer, or PayPal/PayPal Express.

c) Payment methods

Masako reserves the right not to offer certain payment methods in individual cases. Subject to the payment terms in this Section 3, the following methods are generally available:

(aa) Credit card

Payment is possible by Visa and Mastercard. If you pay by credit card, your card is charged when the goods are dispatched. All credit and debit card transactions on this website are processed by Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, email: service@concardis.com, a secure online portal responsible for processing payment information in a secure environment.

(bb) PayPal / PayPal Express

If you choose PayPal or PayPal Express, you will be redirected directly to PayPal.

(cc) Advance payment / bank transfer

Please use the following bank details for advance payment or bank transfer:

Account holder: Masako Instrumente & Kosmetik
Bank: Commerzbank
IBAN: DE17570400440206476400
BIC: COBADEFF

d) Default in payment

In the event of late payment, we reserve the right to charge default interest in accordance with statutory provisions. Further statutory rights remain unaffected.

e) Retention of title

The delivered products remain our property until payment has been made in full. For business customers, the following also applies: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business; all claims arising from such resale are assigned to us in advance in the amount of the invoice, irrespective of whether the goods subject to retention of title are combined or mixed with another item, and we accept this assignment. You remain authorized to collect the claims; however, Masako may also collect the claims itself if you fail to meet your payment obligations.

f) Invoices

By placing your order, you agree that the invoice for your order may be provided electronically.

4. Delivery terms

Unless otherwise agreed, standard delivery will be made to the delivery address specified by you. Information on the availability of individual products is provided during the ordering process, for example on the relevant product detail page. Unless otherwise stated in the Online Shop, standard delivery generally takes approximately 2–4 working days. Public holidays, which may vary within Germany, can affect delivery and may delay it by up to two working days following the holiday. The delivery period is calculated from the time of our shipping confirmation.

Please note that all information regarding product availability, dispatch or delivery is only an estimate and approximate guideline. It does not constitute a binding or guaranteed dispatch or delivery date unless a date is expressly stated as binding in the shipping options for the relevant product. If, while processing your order, we determine that ordered products are unavailable, we will inform you separately by email. Statutory claims remain unaffected.

We reserve the right to limit orders and deliveries of certain goods to customary household quantities. You will be informed of product-specific quantity limits no later than when a quantity exceeding the limit is added to your shopping cart.

If delivery to you is not possible, for example because delivery cannot be made to the address provided even though the delivery time was announced with reasonable notice, or because an incorrect delivery address was provided, you bear the costs of the unsuccessful delivery attempt.

Please note that delivery is only available to consumers and business customers in the Federal Republic of Germany.

5. Prohibition of commercial resale

a) Private use and prohibition of commercial resale

Products are sold exclusively for private use; commercial resale of the products is generally prohibited. Commercial resale of your customer account is also prohibited.

b) Sanctions for commercial resale

In the event of one or more violations of Section 5(a), Masako reserves the right to block or delete your customer account.

6. Cancellation instructions

Consumers generally have a statutory right of cancellation. Further information on the right of cancellation and a model cancellation form is available in our cancellation policy. This Section 6 does not apply to business customers; they do not have a statutory right of cancellation under Sections 312g and 355 of the German Civil Code (BGB).

7. Statutory warranty for products sold by Masako

For defects arising during the statutory warranty period, you are entitled to the statutory warranty rights. If we provide a seller's guarantee, details are set out in the guarantee conditions supplied with the relevant product. If a guarantee is granted as part of registration with us, you will be informed of the guarantee terms during registration. Your statutory rights remain unaffected by any seller's guarantee.

Product images may not always correspond exactly to the appearance of the delivered products. In particular, manufacturers may change the appearance or features of products when ranges are renewed. Claims for defects do not arise in this respect where the changes are reasonable for the customer.

If the goods are defective, we will provide subsequent performance within a reasonable period, either by replacement delivery or by remedying the defect. If the form of subsequent performance you choose would involve disproportionate costs, we are entitled to provide subsequent performance in the other form. We bear the necessary costs of subsequent performance. If subsequent performance fails, you may choose to withdraw from the purchase or reduce the purchase price.

If subsequent performance takes place by replacement delivery, you are obliged to return the goods originally delivered within 30 days at our expense to our customer service (see Section 8 below) or another address specified by Masako. We bear the return costs in the event of a defect. We reserve the right to collect the goods from you at our expense.

8. Masako customer service

Questions about our service and delivered products should be addressed to:

Masako Instrumente
In der Florinskaul 14-16
56218 Mülheim-Kärlich
Germany

Phone: +49(0)261-92189262
Fax: +49(0)261-92189263

9. Data protection

We collect personal data in connection with the performance of agreements concluded with you. Our privacy policy is available in the Online Shop.

10. Limitation of liability

Masako is liable without limitation where the cause of damage is based on an intentional or grossly negligent breach of duty by Masako or by a legal representative or vicarious agent of Masako.

Masako is also liable for the slightly negligent breach of material contractual obligations where the breach jeopardizes the achievement of the contractual purpose, or for breach of obligations whose fulfilment is essential for proper performance of the contract and on whose compliance you may regularly rely. In this case, however, we are liable only for foreseeable damage typical for the contract. We are not liable for slightly negligent breaches of obligations other than those described above.

The above limitations of liability do not apply in the event of injury to life, body or health, the assumption of a guarantee or fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.

Where our liability is excluded or limited, this also applies to the personal liability of employees, legal representatives, corporate bodies and vicarious agents of Masako.

11. Transfer of risk

If Masako dispatches ordered products to an orderer who is not a consumer, the risk of accidental loss and accidental deterioration passes to the orderer as soon as Masako hands the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

12. Final provisions

a) Complaints / dispute resolution

The European Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to attempt to resolve disputes relating to an online order without first involving a court. The dispute resolution platform is available via the external link http://ec.europa.eu/consumers/odr/. Masako does not participate in dispute resolution proceedings before a consumer arbitration board. You may also contact us at info@masako-shop.de.

b) Applicable law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and Masako is Masako's registered office.

13. Severability

Each provision of these Terms is to be interpreted separately and independently from the remaining provisions. If any provision is found to be invalid, void or otherwise unenforceable, that provision will be considered severable from the remaining provisions and will not affect the enforceability of the other provisions of these Terms.