A. General

1. Scope

When purchasing goods or obtaining other services from Madeo Baustoffe (hereinafter: “Madeo”) via the “Order online” function of the online shop at www.fliesen-madeo.de, the regulations from parts A and B of these conditions apply exclusively When using the “Reserve and Collect” function of the online shop at www.fliesen-madeo.de, the regulations from parts A, B and C of these terms and conditions apply exclusively. For the use of other services at www.fliesen-madeo.de , exclusively these apply Regulations from parts A of these conditions. Differing, conflicting or supplementary conditions of the contractual partner only apply if MADEO has expressly agreed to them. This also applies if MADEO accepts payment without reservation despite being aware of the contractual partner's conditions.

2. Contact information

Madeo Handel GmbH
Kälber Schüttstr. 2
85053 Ingolstadt
Germany

Ingolstadt commercial register HRB 11451

Represented by Managing Director Madalin Giurgiuveanu
Telephone: +49 176 227 553 9
Email: bau@fliesen-madeo.de

3. Applicable law, contract language, place of performance, place of jurisdiction

For any contractual relationship that may arise with MADEO as well as for pre-contractual obligations, German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German. 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 place of performance of the service and any subsequent performance claims as well as the exclusive place of jurisdiction is agreed to be the registered office of MADEO - Ingolstadt. However, Madeo reserves the right to sue at the general place of jurisdiction of the aforementioned persons.

4. Information on dispute resolution

Online Dispute Resolution Regulation. Under applicable law, MADEO is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found at https://ec.europa.eu/odr .

MADEO does not participate in dispute resolution procedures within the European online dispute resolution platform. However, Madeo offers the customer the opportunity to contact us by telephone (+49 176 227 553 99) or via the contact form.

Consumer Dispute Settlement ActMadeo does not take part in dispute settlement proceedings before a consumer arbitration board.

5. Guest and customer account

An order for delivery or a reservation for pickup in the store can only be made by registering for a one-time guest account or a permanent user account (“customer account”). The use of other services from MADEO is only possible when registering for a customer account. Only natural persons and correspondingly authorized natural persons as representatives of legal entities who are of legal age and have full legal capacity are allowed to register. To confirm the registration, the customer receives a link to the email address provided to him, by clicking on which the registration is confirmed (double opt-in procedure). When a user account is created, the consent to the validity of these General Terms and Conditions for future purchases is agreed. If the customer creates a customer account, he or she chooses When registering, the customer provides a password with which they can “log in” in the future. The customer is obliged to keep his password secret and not to pass it on. If the customer has reason to believe that his password is known to others, it must be changed immediately. After setting up a customer account, use of the associated functions is possible within the framework currently provided by MADEO; However, there is no entitlement to these functions and availability is not guaranteed. If the customer requests the deletion of his customer data and/or his customer account, use of the customer account by the customer (if this is not requested using the corresponding customer account function: after appropriate processing by MADEO) is no longer possible. MADEO subsequently deletes the affected customer account. MADEO also has the right to delete customer accounts that have not been used for more than 4 years.

6. Codes of Conduct

Data protection MADEO handles customer data responsibly. The personal data will only be used within the framework of the statutory data protection regulations, such as: B the German data protection regulations or the European General Data Protection Regulation (EU-GDPR) are used.

MADEO's employees and representatives are obliged to comply with data protection regulations.

You can find information about the type, scope and purposes of the collection and use of your personal data and your rights at any time on the Internet under the data protection information .

B. “Order online”

1. Order, quantity restriction, conclusion of contract, contract text

The customer can make a binding offer regarding the products and services presented in the online shop by submitting an order. To do this, the customer must first select individual items by clicking the “Add to cart” button. The further ordering process is carried out by clicking on the “Checkout” button in the shopping cart and entering the data requested during the ordering process. Before completing the order, the customer has the opportunity to check his order for input errors and to correct them by clicking on the “change” hyperlink that is assigned to the respective item. The ordering process is completed by clicking the “Buy now” button. After clicking the “Buy now” button, the customer receives an automatic order confirmation from Madeo by email. In order to be able to provide tradesmen and project customers with reliable and comprehensive service with regard to their project, MADEO generally* only offers all products with a limited quantity. The restriction applies to Craftsmen, tradesmen and legal entities under public law on their specific needs for the regular processing of their own, imminent craft projects without further stockpiling and not for pure resale. MADEO generally only offers the goods to all other customers in normal household quantities. The items may be purchased from Customers and their equivalents can order a maximum of the above-mentioned quantity within 14 calendar days, regardless of whether using the “Shop” or “Pickup” function. Orders or further orders that result in the maximum quantity being exceeded are not permitted during the above-mentioned period, as are further purchases in stationary stores. This also applies to prevent misuse

– for people in the household of the first orderer and
– between legal entities and their legal representatives
– as well as for the order of third parties with the aim of sending it to a person who is subject to an order block at the time of the order of the third party.

*If a customer would still like to purchase larger quantities, this is possible if the responsible contact person agrees via bau@fliesen-madeo.de . By placing the order in quantities that deviate from the generally permitted quantities, the customer declares bindingly that the corresponding consent of the contact person has been given.

Even if the quantity limit is adhered to, MADEO is not obliged to accept the customer's offer to conclude the contract.

A contract is only concluded as follows: The order is only accepted by MADEO if and as soon as MADEO confirms the dispatch of the product by means of a shipping message or MADEO expressly declares acceptance of the contract after the order confirmation. This decision to accept the order will be made no later than 5 calendar days after the customer sends the order. If the decision is not made during this time, the customer is no longer bound by his contractual declaration. MADEO does not save the contract text for you.

2. Prices, payment, invoice

All prices are shown in euros (€) and already include VAT. Payment can be made by credit card, by advance payment by bank transfer, by instant bank transfer, PayPal, purchase on account, customer card or by paying in the market if the respective payment method is available for the current order . For credit cards and customer cards, debits are made at the earliest when the goods are dispatched, for instant transfers and PayPal directly after the transfer has been carried out. For the purpose of credit checks and credit monitoring, MADEO exchanges data with other credit and payment service companies. MADEO obtains information about the customer's previous payment behavior and creditworthiness information based on mathematical-statistical methods using address data from its service provider. If and before MADEO wants to carry out a credit check, you will be asked for your consent. When purchasing on account for entrepreneurs, the invoice amount is due for payment on the calendar day specified in the invoice (14 calendar days after the invoice date) to the account specified in the invoice The purchase on account payment method is not available for all offers and requires, among other things, a successful credit check.

3. Retention of title for payment methods other than “purchase on account for entrepreneurs”

For customers who are consumers within the meaning of the BGB, we reserve ownership of the contractual goods until the price from the respective contract has been paid in full. For customers who are entrepreneurs within the meaning of the BGB, the following applies with regard to the retention of title: The Delivered goods (reserved goods) remain the property of MADEO until all claims MADEO is entitled to against the customer now or in the future have been met. If there is a current account, the claim to be secured consists of the respective balance claim. The customer is obliged to treat the reserved goods with care and to adequately insure them against fire, water and theft damage at their new value at their own expense. If maintenance and inspection work becomes necessary, the customer is obliged to carry this out in a timely manner at his own expense. The customer may use the reserved goods and dispose of them in the ordinary course of business as long as he is not in default of payment. However, he may not pledge the reserved goods or transfer them as security. The payment claims or the balance claims from the customer's current account against his customers from a sale of the reserved goods (through sales contracts, work contracts, etc.) as well as the customer's claims regarding the reserved goods that are against third parties (including customers) due to unlawful acts, unjust enrichment and /or claims for insurance benefits arise, the customer hereby assigns to the seller as security the amount of the invoice amount for the affected reserved goods. In addition, the customer assigns his aforementioned claims in the amount of a security surcharge of 10% above the invoice amount to the seller as security, unless this assignment is contrary to the rights of third parties. The seller hereby accepts these assignments. The customer is authorized to collect the claims assigned to the seller on his own account in his own name for the seller as long as the seller does not revoke this authorization. The seller will not assert the claims himself and will not revoke the direct debit authorization as long as the customer properly meets his payment obligations. If the customer behaves in breach of contract - in particular if he defaults on the payment claim - the seller is entitled to require the customer to disclose the assigned claims and debtors, to notify the debtors of the assignment and to hand over all documents and all information provided by the seller required to assert the claims. The customer may not assign the claims in order to have them collected by way of factoring, unless he irrevocably obliges the factor to provide the seller with the consideration for as long as the seller's claims against the customer still exist. The customer is is obliged to process and/or transform only the reserved goods or the reserved goods with other materials only for the seller as the manufacturer. If the reserved goods are combined or mixed in such a way that the customer's item is to be viewed as the main item, the customer and the seller agrees that the customer transfers proportional co-ownership of this item to the seller in the event of combination or mixing. The seller accepts this transfer. In the event of resale of the new item created through processing, transformation, combination or mixing, the same applies as to the reserved goods themselves, in particular the regulations on assignment according to bullet point 3. In the event of seizure of the reserved goods by third parties or In the event of other interventions by third parties, the customer is obliged to immediately point out the property of the seller and to notify the seller immediately in writing. If the third party does not reimburse the legal or extrajudicial costs incurred by the seller in this context, the customer is liable for this, with legal fees being billed in accordance with the RVG. At the customer's request, the seller is obliged to release the securities to which the seller is entitled insofar as their realizable value exceeds the value of the outstanding claims against the customer to which the seller is entitled by more than 10%. The seller is entitled to select the securities to be released.

4. Retention of title for the payment method “purchase on account for entrepreneurs”

For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

5. Offsetting, right of retention, delay in payment method purchase on account for entrepreneurs

The customer only has the right to offset if the customer's counterclaims have been legally established or are undisputed or recognized by MADEO or if the customer's counterclaims arise from a reversal relationship after revocation. In addition, the customer only has a right of retention if and to the extent that the customer's counterclaim is based on the same contractual relationship or the customer's counterclaims arise from a reversal relationship after revocation. If the customer is in arrears with any payment obligations to MADEO, all existing ones Claims due immediately.

6. Delivery

Delivery takes place via parcel service or shipping company. The type of delivery depends on the item(s) ordered and will be offered by MADEO before the contract is concluded. Delivery is made to the delivery address on mainland Germany specified by the customer. Unless otherwise agreed, transport by a forwarding company includes delivery of the goods on a truck-accessible road to the unloading point on the vehicle, but not further transport to the place of use or storage. For entrepreneurs, the risk of accidental loss and accidental deterioration of the item sold passes when it is handed over to them or to a person authorized to receive it, or in the case of a mail order purchase, when the goods are delivered to a suitable transport person. The delivery time is individual, you will find this You directly on the article. The delivery time stated there begins for payment in advance in the market or advance payment by bank transfer on the first working day after receipt of the payment by MADEO, for payment by Paypal or by instant bank transfer on the first working day after the payment order was placed, for other payment methods on the first working day after receipt of the order. Delivery Parcel deliveries take place from Monday to Saturday, excluding public holidays. Delivery of freight forwarding deliveries takes place on working days from Monday to Friday, excluding public holidays.

7. Transport damage, defects

If the customer notices obvious defects of any kind in the packaging or the goods upon delivery, the customer should report this to MADEO in text form shortly after receiving the goods. The customer should have the transport person confirm any obvious, externally recognizable transport damage in writing when the shipment is handed over. This does not limit the customer's legal rights and obligations.

8. Rights for defects, liability

Rights in the event of defects are governed by the statutory provisions, unless otherwise agreed or otherwise regulated below. MADEO is liable to the customer for rights other than defects (see paragraph 1) in the event of intent and gross negligence, in cases of strict liability (e.g . Guarantee liability, liability under the Product Liability Act), in the event of injury to life, body or health, in the event of unlawful acts, in the event of fraud and in the event of a breach of essential contractual obligations under the law. An essential contractual obligation is an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the other contractual partner can regularly rely. Otherwise, MADEO's liability towards the customer is excluded.

9. Revocation

There is no right of withdrawal for the following contracts:

Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, contracts for the supply of goods that can spoil quickly or whose expiry date is rapid would be exceeded, contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

10. MADEO return policy

MADEO offers the customer a 30-day contractual right of return for almost all items. The customer can therefore return the item to MADEO within a further 16 days even after the 14-day statutory right of cancellation has expired. The item is unused and undamaged and is returned completely in the original packaging with delivery note and the right of cancellation is not excluded for the item in accordance with the cancellation policy. For This contractual right of return applies without restriction to the consequences of the cancellation stated in the cancellation policy. The return can be made by shipping the item to the return address included in the shipment or by returning it to the store. If there is no return address attached to the shipment, the customer will receive the return address from the MADEO service center at bau@fliesen-madeo.de or on the telephone number: +49 176 227 553 99 (the customer only incurs the connection costs). Further rights of the customer, such as defect rights or the right of withdrawal remain unaffected.C. “Reserve and pick up”

1. General

The customer can reserve goods in Madeo Markt using the “Reserve and Collect” function. If this is indicated to the customer, the customer can pay for the goods online or only in the store when they are picked up. The products are then held ready for the customer to pick up at the goods issue point.

2. Reservation, conclusion of contract

If the payment method “Payment in the store” is chosen as part of the reservation, no purchase contract for the goods will be concluded via the website. MADEO decides on the conclusion of a contract as part of the collection and payment. If the customer chooses a payment method other than “payment in the market” as part of the reservation, the customer can, provided that these are shown as available in the market selected by the customer and have already paid for them online will make a binding offer by sending a reservation. To do this, the customer must first select individual items by clicking on the “Reserve & Collect” button. The further reservation process is carried out by clicking on the “To reservation” button in the shopping cart and entering the data requested as part of the reservation process. Before completing the reservation, the customer has the opportunity to check his reservation for input errors and to correct them by clicking on the “change” hyperlink assigned to the respective item. The reservation process is completed by clicking the “Buy Now” button. After clicking the “Buy now” button, the customer receives an automatic reservation confirmation from MADEO by email.

MADEO i decides on the conclusion of a contract during collection and payment.

3. Payment options

With the “Reserve and Collect” service, payment for the goods is possible via the website, provided this is indicated to the customer. In any case, payment for the goods can be made in the market using the means of payment accepted there when the goods are picked up.

4. MADEO return policy

MADEO offers the customer a 30-day contractual right of return for almost all items that the customer purchases based on a reservation in the store. The customer can therefore return the item within 30 days of collection in the MADEO market in Germany if the item is unused and undamaged and is returned completely in the original packaging with proof of payment and it does not involve items of the following types of goods: Goods that can spoil quickly or whose expiry date would be quickly exceeded, goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, sealed goods that are for reasons of health protection or hygiene are not suitable for return if their seal has been removed after collection. If the above conditions are met, the customer will receive the purchase price back in the way in which he paid it. A statutory right of withdrawal exists when using “Reserve and collect However, this does not apply. Further rights of the customer, such as defect rights, remain unaffected.

5. Others

Otherwise, the conditions of Section B. apply accordingly.

Status of the General Terms and Conditions: October 11, 2023