Terms of service

Terms of Service

  1. scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

  1. Contractual partner, conclusion of contract

The purchase contract is concluded with MakakaOnTheRun GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

  1. Contract language, contract text storage
    The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.

  1. delivery terms

Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.

  1. pay

Credit card
When you place your order, you send us your credit card details at the same time.
After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there. register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Instant bank transfer
After submitting the order, you will be forwarded to the website of the online provider IMMEDIATELY transfer. In order to be able to pay the invoice amount via SOFORT transfer, you must have an activated online banking account with PIN/TAN procedure for participation in SOFORT transfer, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT transfer and your account will be debited.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to complete the ordering process and pay the invoice amount via Amazon, you must be registered there. register first and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process.
Immediately after placing the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.

invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

Cash on pickup
You pay the invoice amount in cash upon collection.

  1. retention of title

The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

  1. transport damage

The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or carrier. to be able to assert the transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. Warranties and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our discretion, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty or fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed
  • as far as the area of application of the Product Liability Act is open.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

  1. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of a promise of guarantee, if agreed, or
  • as far as the area of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.

  1. dispute resolution
    The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
    We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
  2. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, 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 us and you is our place of business.

General terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.