General terms and conditions

(At the same time the following terms and conditions include legal information on your rights according to the regulations on contracts with distance selling and electronic course of business.)

1. Scope of application

These General Terms and Conditions apply to all shipments by MADOOMA to consumers (§ 13 German Civil Code).

2. Contract parties

The sales contract is made with: MADOOMA, holder: Dominika Scheer, Beckstedtweg 48, 44149 Dortmund, GERMANY. For queries, reclamation and complaints you can get hold of us weekdays from 9:00 till 16:00 CET by phone: 0049-231-24992410, as well as e-mail: info@madooma.com.

3. Quotation/conclusion of contract

3.1 The portrayal of the merchandise in the online shop does not represent a legal quotation, but an invitation to order, errors expected.
 
3.2 By clicking on the order-button in the final stage of the ordering process you are completing a binding sales order of the merchandise located in the shopping cart. The sales contract is completed when we accept your order by sending you an order confirmation via e-mail immediately after receiving your order.

4. Right of revocation for consumers

Revocation instruction

Right of revocation
You may declare the revocation of your contractual statement within a period of 14 days in text form (e.g. letter, fax, email) or – if the merchandise is left to you before this deadline - by returning the merchandise. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences following the receipt of this revocation instruction in text form, however not before the merchandise has reached the recipient (in the case of recurring deliveries of similar merchandise not before the receipt of the first part) and also not before completion of our duty to inform according to §246 paragraph 2 in connection with §1 paragraphs 1 and 2 EGBGB as well as our duties according to §312e paragraph 1 sentence 1 German Civil Code in connection with §246 paragraph 3 EGBGB. The time limit shall be deemed as observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
MADOOMA, Holder: Dominika Scheer, Beckstedtweg 48, 44149 Dortmund, GERMANY, Fax: +49-231-249924120, E-mail: info@madooma.com.

Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as would have been possible for you, for instance, in a retail store. No compensation needs to be made by you for deterioration of merchandise caused when put to its intended use. Things that can be shipped by parcel are to be returned at our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if, where the price is higher, you have, at the time of revocation, not yet rendered consideration or made a part-payment as contracted. In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For you this period commences following the dispatch of your revocation statement or merchandise, for us with the receipt of said merchandise.
 
End of revocation instruction

4a. Costs of return when exercising the revocation right

If you make use of your lawful right to revocation (see revocation instructions), you are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part-payment as contracted. In all other cases, the return shipment for you is free of charge.

5. Prices and shipping costs

5.1 The prices stated on the merchandise pages include the legal VAT and other price components.

5.2 Shipping is always free of charge at MADOOMA.

6. Delivery

6.1 The delivery within Germany is carried out by UPS (United Parcel Service). Deliveries to other countries are carried out by DHL or UPS. Other shipping methods such as registered mail/dispatch are also possible, if requested.

6.2 The delivery time within Germany usually only amounts to one to two days, international shipping can, in individual cases, naturally take significantly longer. Tracking data, with which you can trace parcels online at any time, will be disclosed via e-mail directly after dispatch.

7. Payment

7.1 The payment is carried out optionally per Pay Pal, Moneybookers or prepayment.

7.2 When choosing prepayment as method of payment, we give you our bank details in the order confirmation and deliver the merchandise after receipt of payment.
 
7.3 You are only entitled to a right of set-off, if your counterclaims are validly determined by law or undisputed or were recognized by us in writing.

7.4 You can only exercise the right of retention, if the claims result from the same contractual relationship.

8. Retention of title

We reserve title to the object of purchase until complete payment of the purchase price.

9. Warranty

The legal warranty regulations are valid. In the case of second-hand merchandise the warranty is limited to a year. Non-private persons are, as far as legally allowed, in principle excluded from the warranty. The warranty commences on the day of handing over to the consumer. MADOOMA is not liable for damages to purchased merchandise that were caused by grossly negligent or intentional contract violation of the purchaser, a legal agent or assistant. This is especially applicable to malfunctions caused by damage, incorrect connection or inappropriate handling by the consumer, to deficiency because of wear or overstraining of mechanical parts, to damages due to an act of nature beyond control (e.g. lightning strike). Warranty claims becomes invalid, if the deficiency was caused by an intervention in the unit by the consumer or a third party.

10. Rescission:

We are authorized to withdraw from the contract, if the delivery is significantly impeded or rendered impossible by an act of nature beyond control or other events which were not foreseeable at the time of conclusion of the contract and which we are not responsible for. This applies particularly in cases of technical failures or damage to data bases. Similarly, the seller can withdraw from the contract, if a calculatory mistake has been made (offer error). The orderer can withdraw in line with his right of return.

11. Applicable law / place of jurisdiction

For all arising disagreements in connection with the business relation the present agreement shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention of April 11, 1980, concerning contracts for the international sale of commodities shall not be applicable. When initiating proceedings, if the orderer does not have a place of residence or customary abode in Germany and/or is a businessman, Dortmund will be agreed upon as place of jurisdiction.

12. Severability clause:

If individual regulations of these general terms and conditions and/or of the contract supplemented by them are or become invalid, then the validity of the other regulations remains untouched by that and for the rest the contract and the general terms and conditions remain valid for both parts.

Further information

Ordering process

Once you have found the desired merchandise you can place it in the shopping cart by clicking on the ’In the shopping cart’ button without commitment. You can view the contents of the shopping cart non-committally at any time by pressing the ’View shopping cart’ button. You can always remove merchandise from the cart by clicking on the ’Paper bin’ symbol. If you like to purchase the merchandise in the shopping cart, press the ’Finish shopping and pay’ button. Please then enter your data. Obligatory data is marked with a *. A registration will be offered, yet it is not required. Your data will be transmitted in encrypted form. Now choose the delivery and payment method. After entering your data please check your entries once again. By clicking on the ’Send order’ button you complete the ordering process. The process may always be canceled by closing the browser window. You can receive additional information, e.g. on correction options, on the individual pages. The wording of the contract will be saved on our internal systems. You may view the general terms and conditions on this page at any time. Once you have created a customer account, you may view your customer data via ’Your account’ at any time. The order data and the terms and conditions will be sent to you by e-mail.