§   1 General Terms and Fields of Application
§   2 Conclusion of the Contract
§   3 Payment, Maturity, Default of Payment
§   4 Conditions of Delivery
§   5 Instructions of Cancellation
§   6 Reservation of Proprietary Rights
§   7 Price
§   8 Rescission
§   9 Warranty
§ 10 Regulations on Packing
§ 11 Limitation of Liability
§ 12 Data Protection
§ 13 Jurisdiction
§ 14 Severability Clause

§ 1 General Terms and Fields of Application
The General Terms and Fields of Application regulate the contractual relationship between MACU-Leuchten and natural and legal persons, who make use of the service on the internet provided by MACU-Leuchten (customer mentioned). The General Terms and Fields of Application concern the use of the website macu-leuchten.de with all its sub domains.

§ 2 Conclusion of the Contract
Conclusion of the Contract by ordering in our internet-shop macu-leuchten.de
(a) Our offers on the Internet constitute a demand without obligation to the customer, to order goods.
(b) By ordering the favoured object of purchase on the Internet, the customer bids a binding offer for a conclusion of a contract of sale. You are given the opportunity, to conclude the act of sale in German or in English.
(c) MACU-Leuchten is authorised to accept the order within one day by sending a confirmation of the order to the customer. The confirmation will be send by e-mail. After an unsuccessful end of the term mentioned in the first sentence, the offer can be classified as declined.

§ 3 Payment, Maturity, Default of Payment
The payment of the goods will be made by payment in advance and by cash on delivery per credit card on account. The direct debit will be checked. The payment of goods per cash of delivery is only possible for the dispatch within Germany. We reserve the right to accept or except certain payment methods in individual cases.
For payment by payment in advance, the customer obligates himself /herself to pay the purchase price immediately after the conclusion of the contract.
For payment by cash on delivery, the customer obligates himself/herself to pay the purchase prise on delivery.
For payment on account, the customer obligates himself/herself to pay the purchase prise within 14 days after the receipt of the goods.
For payment on direct debit, the debit to the account of the ordering party takes place one week after the conclusion of the contract.
For payment per credit card, the direct debit takes place after the dispatch of the goods.

In the case of default concerning the customer, the customer is responsible for any negligence. The customer is also liable because of the provision of a service for coincidence, unless the damage was about to occur even in spite of punctual service.

The purchase price is interest-bearing during the default. The rate of interest of the default constitute five percentage points above the base lending rate for that year. In the case of legal transactions, where the consumer is not involved, the rate of interest constitutes eight percentage points above the base lending rate.

The assertion of further damage is not excluded.

§ 4 Conditions of Delivery
The delivery takes place by sending the good or product to the address as stated by the customer. As far as the delivery via payment in advance is agreed, the time for delivery will be 1-2 weeks, when full payment has been received. Otherwise, the time for delivery is about 3-4 working days from the dispatch of the acceptance of order.
These specifications are without obligation, unless otherwise agreed.

The delivery takes place under the terms of the stated packing- and forwarding charges. The price for the packing- and forwarding charges referring foreign shipment will be charged separately by weight. If a special kind of delivery is desired with higher costs, the customer has to pay for these additional charges as well.

Acquires the customer the object of purchase for his or her commercial activity, the danger of loss by accident of the good and the deterioration of the good devolves to the customer, as soon as MACU-Leuchten has delivered the object of purchase to the forwarding agent, to the carrier or to another executive person or institution.

In the case of a triple-failure of delivering the desired product to the customer, MACU-Leuchten is authorised to withdraw from the contract. Effected payments will be reimbursed immediately.

We are eligible for partial delivery at our own expense, when all ordered products are not in stock, as far as it is reasonable for you as customer.

When the ordered product or good is not available without our own fault, because our supplier is not able to send us the product, we are able to withdraw from the contract. In this case, we will inform you directly and offer you a comparable product. Is a comparable product not available or a delivery of a comparable product not desired, the performed service from your side will be reimbursed immediately.

§ 5 Instructions of Revocation

§ 5.1 Right of Withdrawal
As a consumer is it your right to revoke the declaration of the contract within two weeks without giving reasons. The revocation has to be in written form (e.g. letter, fax, e-mail). If you have received the product before, the object of purchase needs to be send back to us. The time limit starts with the day on which you have received the goods, but at the earliest after having received these instructions in written form. For protection of the term of revocation the sending of the revocation on time or the product is enough. The revocation should be send to the following address:

MACU-Leuchten
Am Hochwald 15
02979 Elsterheide
Germany
or
e-mail: widerruf@macu-leuchten.de
or
fax: +49(0)35722/959501

§ 5.2 Results of Revocation
In the case of an effective revocation, the particular received services have to be reimbursed and interests for example have to be given back. Transportable products by dispatch have to be send back. You have to bear the costs for reconsignment, when the send product corresponds with the ordered product, and when the price of the reconsigned product does not rise above EUR 40,-. This also applies to the fact, when you do not have adduced the consideration or a contractual agreed part payment at a higher price of the object of purchase to the time of revocation. Otherwise is the reconsignment for you exempt from charges. Products, which are not transportable by dispatch, will be picked up. Obligations for the reimbursement of payments have to be fulfilled within 30 days after the dispatch of your declaration of revocattion.

§ 5.3 Special References
The Right of Withdrawal does not exist by distance selling contracts for deliveries of objects of purchase, which get made to order after customer’s specifications, or tailored explicitly towards personal requirements, or which are due to its condition not eligible for a reconsignment or can degenerate very fast or who’s expiration date has been exceeded.

End of the information on return of goods.

§ 6 Reservation of Proprietary Rights
The objects of purchase stay in possession of MACU-Leuchten until the payment is completed. Before the conveyance of property, a pledge, a chattel mortgage, processing or transfiguration is not permissible without an explicit acceptance of MACU-Leuchten.

§ 7 Price
The given price for the object of purchase can be considered as the gross price, which contains value added tax and further price components. The price does not include delivery – and forwarding expenses.

With up-dating our website of MACU-Leuchten, all former quotations and other information about the object of purchase become void.

Decisive for issuing an invoice is the price up to the time of the bidding of the customer.

§ 8 Rescission
MACU-Leuchten is authorised to withdraw from the contract, even if there are still open parts regarding the service or the delivery. Causative for that opportunity can be:
- false statements about the creditworthiness of the customer
- objective reasons are given for an inability to pay regarding the customer(e.g. the opening of insolvency proceedings regarding the customer’s capital, etc.)
The customer is granted to give a payment in advance or a capable guarantee, before the cancellation of the contract becomes effective.

In the case of such a cancellation, given services will be contractually brought to account and will be payed.

§ 9 Warranty
MACU-Leuchten guarantees to deliver defect free goods or products. Is the purpose of the purchase neither for an industrial nor a self-employed activity and shows the object of purchase a defect of quality within the first six month after the delivery, it can be conjectured that the object of purchase has been already defective during the time of delivery. This kind of speculation need to be compatible with the object of purchase or the defect. Appears the defect of quality after an expiration of six month, the customer has to prove that the defect of quality has been existent during the time of delivery.

The consumer is authorised to demand either the remedy of defects or the delivery of a product without defect, when the object of purchase shows a defect during its delivery. Fails the supplementary performance, is the consumer authorised to lower the price of the product or to withdraw from the contract. MACU-Leuchten reserves the right to refuse supplementary performance, when supplementary performance is impossible or just possible under disproportional costs.

Is the purchase for both sides a trading transaction, the consumer has to check the object of purchase immediately after the delivery. Is there a defect, the consumer has to report this immediately to MACU-Leuchten. Does he/she fail to do so, the object of purchase can be considered as accepted. It does not apply to the circumstance, when the consumer could not see the defect during the investigation. The consumer has to inform MACU-Leuchten immediately, when the defect shows up later, otherwise is the object of purchase despite defect accepted. These ordinances do not apply, when the defect has been concealed fraudulently. To keep the rights as a consumer, you need to send the written information to MACU-Leuchten on time.

When MACU-Leuchten delivers an object of purchase without defect to the consumer for supplementary performance, MACU-Leuchten is authorised to demand the refund of the defective product.

Demands of the consumer become time-barred in two years. Demands because of defects become time-barred after one year, when the product has been sold second hand or when the purpose of the purchase has had a industrial or self-employed background of the consumer.

Defects, which are evoked by the consumer through improperly or contrary to contract measures during placement, connection, operation or storage of the product, give no reasons for demands towards mac-lights. The infringement of contract conforms to the specifications of the manufacturer of the delivered goods.

§ 10 Regulations on Packing
We are obliged to take back packings of our goods, which do not bear a sign of a system of area-wide disposal (e.g. “Green Dot”, “Dual System of Germany AG”) under the terms of the regulations on packing. We take back these kinds of packings and take care its recycling or disposal of waste.

For further clarification of the return of special packings, please contact us:

MACU-Leuchten
Kerstin Macudzinski
Am Hochwald 15
02979 Elsterheide
Germany
Tel.: +49(0)35722/959502
Fax: +49(0)35722/959501
e-mail: versand@macu-leuchten.de

We will give you the address of a municipal collecting point or a waste management enterprise in the immediate vicinity that accept the packings exempt from charges. Is that not possible, you have the opportunity to send the packing to us.

MACU-Leuchten
Kerstin Macudzinski
Am Hochwald 15
02979 Elsterheide
Germany

The packings will be used again or disposed according to legal regulations of the packaging ordinance.

§ 11 Limitation of Liability
MACU-Leuchten is only liable for other damages except for injuries of life, body and health, as far as these damages depend on acting deliberately or grossly negligent or on culpably injury of a fundamental contractual obligation of MACU-Leuchten or through its vicarious agents. Fundamental for a contract is a duty, which allows the fulfilment of the duly implementation of the contract and which allows the consumer to have confidence in its constant compliance. A liability beyond this for damages is excluded. Demands resulting from a MACU-Leuchten given guarantee for the condition of the object of purchase and the Product Liability Act stay thereof untouched.

After the present state of the act, the data communication over the internet cannot be warranted available and/or error-free at all times. We are hence not liable for a constantly availability of our internet-shop.

§ 12 Data Protection

§ 12.1 Raise, Processing and Use of your Data
You can call up our website, without indicating your personal data. We merely save access to the data without any reference to the person, such as name of your internet service provider, the site, from which you are linked to our page, or the name of the requested data file. We exclusively evaluate these facts for a continuous improvement of our offers, and we do not allow an inference on your person.

Individual-related data will be only raised, when you inform us about it voluntarily in the context of an indent, an opening of an account for customers, or within a registration for our newsletter. We will only use your data for the fulfilment and transaction of your order without your separate agreement. After the complete transaction of the contract and a complete payment of the object of purchase, your data will be blocked for further disposals and cleared after the expiration of tax-based regulations, unless you have agreed on a further usage of your data. When you register for our newsletter, we will use your e-mail address with your agreement for our own advertising purposes, until your deregistration for the newsletter.

§ 12.2 Storage, Accessibility of the Wording of the Contract
We save/store our Wording of the Contract and send you the order data and our General Terms and Conditions of Business by e-mail. You can also look at our General Terms and Conditions of Business here on the internet. Your past orders can be inspected by you in our costumer login area.

§ 12.3 Transmission of individual-related data
We will only transmit your data to our mail-order establishment, which is responsible for the delivery, as far as this is necessary. For the transaction of payments, we give your data to the respective credit institution. A transmission to third persons does not occur.

§ 12.4 Use of Cookies
We use cookies on different pages to design your visit on our page attractively and to permit the usage of certain functions. It concerns smaller text files, which will be deposit on your computer. Most of our cookies (session cookies) will be cleared from your hard disk after the end of the meeting session. Other cookies (long time cookies) will stay on your computer, what allows us to recognise your computer, when you are visiting our website again. These cookies serve as greetings with your user name and save you from renewing all your already specified data.

We do not permit our partner companies to collect, to process or to use individual-related data via cookies with the help of our website.

You can set your browser that way that you will get informed about certain cookies. It is up to you whether you allow cookies as the case arises or exclude the acceptance basically. If you do not accept cookies, the functionality of our website can be restricted.

Below you find a description for our current browser programs:

Internet Explorer 6 and 7: Extras/ Options of the Internet/ Data Safety/ Extended/ To Clear the automatically cookie treatment/ each with: OK/OK. All the time, when entering a page, which uses cookies, a warning will show up. The button “Details” will show you its characteristics and the content of the cookies.

Fire fox 2: Extras/adjustments / Data Safety/ Cookies → “accept cookies” and keep cookies → ask all the time/ OK. All the time, when entering a page, which uses cookies, a warning will show up. The button “Details” will show you its characteristics and the content of the cookies.

Opera 9: Extras/adjustments/Extended/ Ask before accepting cookies/ OK. All the time, when entering a page, which uses cookies, a warning will show up. The button “Details” will show you its characteristics and the content of the cookies with its running period.

§ 12.5 Data safety
Your individual-related data will be encoded via SSL v3, SHA-1 with RSA, 256 Bit coding, exposed by USERTRUST network, transferred by the internet. We save our website and other systems with technical and organisational measures against loss, destruction, access, change or circulation of your data through authorised people. The access to your customer account is only possible after having entered the personal password. You should keep your login details confidentially. Close the browser window after you have finished up your session with us, especially, if you share the computer with others.

§ 12.6 Right of Access to Personal Data
According to the Federal Data Protection Act do you have the right for gratis information about your personal stored data and a right of correction, blocking or cancellation of these data.

§ 12.7 Withdrawal of Consents
The following consents have you given explicitly in the course of the order process. We would like to inform you about the fact, that you can revoke your consent for the future at any time.

I’d like to receive regularly interesting offers by e-mail. My e-mail address will not be circulated to other companies. With the help of a informal writing by e-mail (datenschutz@macu-leuchten.de) is it possible for me to withdraw my consent for the usage of my e-mail address for commercial purposes.

§ 12.8 Contact Person for Data Protection
If you have questions regarding raise, process, or usage of your individual-related data, general information, correction, blocking, or cancellation of data or withdrawal, please contact the following person:

§ 12.9 Information to the Operator of Instant Transfer
The Operator of Instant Transfer, the Payment Network AG, provides an insurance in favour of you, which replaces damages resulting out of misuse. For further information please have a look at the following link:

https://www.sofortueberweisung.de/cms/
index.php?plink=versicherung_fuer_kaeufer&1&fs

Through this are you protected in the context of the extent of the insurance. In this regard, we advice you that there a lot of banks and savings banks, which assume that the usage of an “instant transfer”, because of the use of PIN and TAN, can lead to a shifting of liability regarding misuse through third persons. This can lead to a refusal of your bank to assume the damage in the case of misuse. The result is here that you have to bear the damage by yourself. Please keep in mind, that there have not been any cases of misuse, yet. The insurance coverage exists.

§ 13 Jurisdiction
All differences resulting out of his legal relationship are liable to the right of Germany. The prestige of UN-convention is excluded. When the parties to a contract are business people, the court of the business location of MACU-Leuchten is responsible, unless an exclusive place of jurisdiction is not reasonable for this difference. The same place of jurisdiction is applied, when the customer has no common place of jurisdiction in the inland.