Terms and Conditions – Right of Withdrawal – Shipping and Payment Conditions
of Mask Buddy GmbH.
General – scope
The following general terms and conditions, right of withdrawal, shipping and payment conditions apply to all business relationships between Mask Buddy GmbH (hereinafter referred to as Maskbuddy) and its customers. The version of the General Terms and Conditions of Maskbuddy applicable at the time the contract is concluded is decisive. Any deviating, conflicting or additional general terms and conditions of the customer will not become part of the contract, even if they are known, even if Maskbuddy does not object in individual cases, unless their validity is expressly agreed in writing. Customers are entrepreneurs and consumers. Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the present contract is part of the operation of their company. If the customer is a natural person, they must be of legal age. For orders that are processed via the online shop, each customer may only register with one customer account; double and multiple registrations will be deleted without exception, result in a warning and entitle Maskbuddy to terminate the business relationship in the event of a recurrence.
Orders – conclusion of contract
All offers are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable. The customer makes a binding offer of contract order. Maskbuddy will immediately confirm receipt of an order by electronic means. However, this confirmation of receipt does not constitute acceptance of the order, unless acceptance is expressly declared. Maskbuddy is entitled to accept the order within 7 working days of receipt. In the case of electronic orders, Maskbuddy is entitled to accept the order within 3 days of receipt. Maskbuddy can refuse orders without giving a reason. Maskbuddy is not obliged to keep the entire range of products permanently available. The conclusion of the contract is subject to proper self-delivery. If it turns out that the goods to be delivered are not available, Maskbuddy will inform the customer immediately and immediately reimburse the consideration already paid. If the customer is a consumer and orders the goods electronically, the text of the contract will be saved by Maskbuddy and sent to the customer by email after the contract has been concluded, together with the general terms and conditions that are valid for the contract.
Right of withdrawal – right of withdrawal
Consumers: If the customer is a consumer, he has the right to withdraw from the contract within 7 working days from receipt of the delivery of goods or from the day the contract is concluded in the case of service contracts. Saturdays do not count as working days. The withdrawal does not have to contain a reason and must be declared in writing (in writing by fax or email); Deadline is sufficient for the timely dispatch. The right of withdrawal does not apply to the sending of the goods as a file electronically, to the delivery of audio or video recordings or software, provided that the delivered data carrier has been unsealed by the consumer. When exercising his right of withdrawal, the consumer is obliged to return the goods at his own expense if the goods can be sent by parcel.
As a consumer, you can revoke your contract declaration within the above period without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the item. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
Please send the cancellation in writing, as well as the cancellation by returning the goods to:
Mask Buddy GmbH
Business park 5
+43 7245 25570 777
Consequences of cancellation:
In the case of an effective cancellation, the mutually received benefits are to be returned. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered ones. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
The right of withdrawal is excluded for contracts for goods that have been manufactured according to customer specifications, that are clearly tailored to the personal needs of the customer or that are not suitable for a return due to their nature, as well as for goods that can quickly exceed the expiry date.
Medical products are goods that are delivered sealed, be it sterile or non-sterile. After opening, they cannot be returned for reasons of health and hygiene.
Order cancellation companies
If an order is canceled by the customer, who is an entrepreneur, before the goods are dispatched, he is obliged to pay a no-fault contractual penalty of 15% of the net order value. In the event of cancellation after 14 days from the conclusion of the contract, the contractual penalty increases to 20% of the net purchase value.
The prices offered are daily prices and apply until further notice. Prices are subject to change. In the case of mail order purchases, the price is plus the shipping costs according to the offer and / or price labeling in the shop.
Change requests will be charged separately.
The prices in the online shop are given gross in euros. In the case of contracts with customers in non-EU countries, the customer bears any import and export expenses. Shipping costs apply as stated in the webshop.
Delivery / transfer of risk
The deliveries are usually carried out by a transport company of Maskbuddy’s choice. The parcel is usually, but not mandatory, delivered in the morning; the customer ensures that this can also be received. It is possible to specify a separate delivery address both in the online shop (in the address form) and when concluding other contracts. Standard packaging is used. The risk of accidental loss is transferred to the customer when the goods are handed over to a transport company or another natural or legal person appointed to carry out the shipment. The handover is the same if the customer is in default of acceptance. If the customer wishes to have transport insurance that goes beyond what is included as standard by the respective transport company, an express, written agreement between Maskbuddy and the customer is required. The insurance costs are to be borne by the customer and are shown as a separate item on the invoice. All accepted orders will be carried out as quickly as possible. Delivery times are only binding if they have been expressly agreed in writing as binding and Maskbuddy itself receives the goods properly and in good time. In the event of unforeseen events and force majeure, Maskbuddy is not liable for exceeding a binding delivery period. If the delivery period is exceeded by more than 6 weeks due to such events, each party has the option of withdrawing from the part of the contract that has not yet been fulfilled. The customer is not entitled to any claim for reimbursement of costs or damages.
Domestic orders are usually dispatched between 3 and 5 working days. Orders from other EU countries usually take between 5 and 8 working days to receive the goods. Shipments to the rest of the world are delivered between 10 and 14 working days.
Claims for compensation by the client / buyer due to late delivery or in the event of withdrawal are excluded, as far as legally permissible.
Goods ordered via the online shop are only delivered against prepayment. Maskbuddy reserves the right to only deliver against prepayment, even for orders that are not received via the online shop. The following payment options are available.
Credit card / Paypal / Sofortüberweisung / EPS
The entire processing of the card payment is handled by the payment service provider PayPal and guarantees that we neither process nor store credit cards or bank data.
Retention of title
The goods remain the property of Maskbuddy until they have been paid for in full and only become the property of the customer after full payment. The customer is obliged to treat the goods with care during the retention of title. If maintenance and inspection work is required, the customer must carry this out at his own expense.
Defects – warranty
For consumers, the following applies: The customer basically has the choice of whether the improvement or an exchange should take place. Maskbuddy is entitled to refuse the chosen remedy if it is impossible or, compared to the other remedy, involves a disproportionate effort. If an improvement is not possible or not feasible, the customer can in principle, at his option, request a price reduction or, if it is not just a minor defect, the contract can be canceled. The warranty period is generally 2 years and or according to the expiry date from delivery of the goods. The following applies to entrepreneurs: The delivered goods must be checked for completeness and correctness immediately upon receipt. Notices of defects must be reported immediately, but no later than 4 days after receipt, transport damage within 2 days after receipt. In particular, the customer must have the damage or loss of the goods confirmed in writing by the transport person who delivers the goods and provide Maskbuddy with this confirmation immediately. Maskbuddy provides warranty for defects at its own discretion through improvement or exchange, price reduction or cancellation of the contract and reversal (conversion). The burden of proof that the defect already existed at the time of handover rests with the customer. In relation to entrepreneurs, a warranty period of one year applies.
Returns or exchanges
With the exception of cases of warranty (point 10) and the statutory right of withdrawal for consumers (point 3), the return or exchange of sold goods is excluded. If goods are returned without prior written consent, Maskbuddy is not obliged to accept them. Return costs are borne by the return sender.
Outside the scope of the Product Liability Act, Maskbuddy is only liable in the event of willful intent or gross negligence. Liability for slight negligence, compensation for consequential and pecuniary damage, savings not achieved, loss of interest and damage from third party claims against the customer are excluded. The limitation of liability for slight negligence does not apply to consumers. Maskbuddy is only liable for its own content on its website. Maskbuddy does not adopt the content of external websites to which there is a link and is not responsible for this content.
Customer data – data protection
Customer data is recorded, processed and stored for the purpose of contract initiation and processing. In addition, Maskbuddy will use this data to send the customer current information in connection with the products on offer by email, provided that the customer agrees to this. The declaration of consent can be withdrawn at any time. Maskbuddy will not pass on customer data to third parties.
Place of jurisdiction – applicable law
The place of jurisdiction for all disputes arising directly or indirectly from the contract with the customer is the Austrian court that is locally and materially responsible for the seat of Maskbuddy. Austrian law applies.
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation will be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.