General Terms and Conditions of Business

1. Scope of application

The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Contractual partner, conclusion of contract, correction options

The sales contract is concluded with mako GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can 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 tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

We accept your offer within two days, by

  • we issue a declaration of acceptance in a separate e-mail or
  • we have the goods delivered or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We store the text of the contract and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the stated product prices, shipping costs may be incurred. You will find more detailed information about shipping costs in the offers.

In principle, you have the option of collection from mako GmbH, Englerstr. 24, 76275 Ettlingen, Germany during the following business hours: Mon-Fri 10 am - 6 pm; Sat 10 am - 3 pm

5. Payment

In our store, the following payment methods are generally available:

Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the deliverer. There will be an additional charge of 6,90 Euro.

Creditcard
With the submission of the order, you provide your credit card information. Your card will be charged immediately after placing the order.

PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further instructions with the respective payment option and in the order process.

PayPal
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

Credit card viaPayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debitvia PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

Purchaseon accountvia PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Installment purchase via PayPal (Europe) S.à r.l. et Cie, S.C.A.
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg we offer you the possibility of installment purchase. Prerequisite is a successful address and credit check. For the payment processing - in addition to our terms and conditions - the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A. apply. Further information including the terms and conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A. you will receive in the ordering process.

6. Retention of title

The goods remain our property until full payment.

7. Transport damages

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

Validity of the statutory liability for defects

Unless otherwise expressly agreed below, the statutory defect liability law shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis consumers

In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

Guarantees and customer service

Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 am to 5:00 pm under the telephone number 49 721 957 930 90 and by e-mail at info@grow-guru.com

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

AGB created with the Trusted Shops legal text in cooperation with FÖHLISCH Rechtsanwälte.