Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) govern the contractual relationship between you as a consumer according to § 13 BGB and "Mascottchen24" and apply to all concluded contracts for the delivery of goods. They also apply to all future business relationships, even if they are not expressly agreed again. Deviating conditions, which we do not expressly recognize, are not binding for us, even if we do not expressly object to them.
You are considered a consumer if, as a natural person, you conclude a legal transaction (such as a purchase) with us that can not be attributed to your commercial or your independent professional activity. Please note that you are considered a consumer even if you operate a business and the goods are not used for your business or business purposes.
These terms and conditions apply to all contracts that you conclude with us via our websites as well as by email, fax, letter and telephone or other means of distance communication.
1. Conclusion of the contract 1.1
Your contractual partner for all orders is "Mascot24" / Kay Müller, Am Grävenhäuschen 8, 58285 Gevelsberg.
1.2 The acceptance of your order takes place by sending the goods in accordance with the enclosed invoice (conclusion of contract). However, we will inform you in advance by e-mail or fax about the contractual details.
1.3 For all business relations our general terms and conditions apply in their version valid at the time of the order.
Our products are made to order and are produced only after order, you can not exchange or return the products if you do not like them. The purchase contract can only be resolved if the product is incorrectly delivered or if there are significant delivery dates (10 working days after agreement). This does not apply if the goods have been shipped on time and the delay by the transport company zb. DHL POST AG is in debt.
The costume colors may differ from the sample images, Inform yourself before contract / order how the colors are delivered exactly. (No exchange after completion possible in case of deviations of the color) If you have made an order by e-mail or in the online shop, you can order within 2 days of order (before shipping) by phone or in writing Cancel. This only applies if your payment in advance has not been received / confirmed by us or you have requested an invoice. Otherwise, you will be charged 40% of the invoice amount. Since a production of your order has already begun or is finished. In exceptional cases (not for costume orders with special requests) is the return for a fee in the amount of 40% to 60% for Unused Goods / Orignal Packaged possible. If you have already paid in advance, you will be refunded the difference / order value without shipping costs after crediting your payment on our account, in advance (prepayment, PayPal, cash or check) by crediting your credit card account.
In the case of a return from a delivery of goods, you have to bear the costs of the return, if the delivered goods correspond to those ordered. Otherwise, the return is free for you. The return postage sufficient postage and under no circumstances send unfree, non-free sent returns are not accepted.
3. Shipping and delivery
The shipping costs are, depending on volume and weight € 4.99 to about 199.00 € or more.
Shipping is via Deutsche Post AG plus express premium fees depending on the country. The costs of shipping are with the buyer. The goods are always insured.
If the shipment is delayed through no fault of the seller, the goods are stored at the expense and risk of the buyer. In this case, the display of readiness for shipment is the same as shipping.
Moreover, the risk passes to the handover of the goods to a freight forwarder or carrier, at the latest, however, when leaving the warehouse to the buyer. We are not liable for the delay caused by the carrier eg. DHL POST AG is in debt.
If the buyer refuses acceptance, he will bear the costs incurred.
3.1 If you order the goods in accordance with. Payed 4.0 of the terms and conditions, the delivery takes place only after the full value of the goods has been credited to one of our accounts.
3.2 In case of delivery delays, we will inform you immediately by email or fax. However, we reserve the right not to fulfill your order or only partially if our stock exceeds the number of pre-orders or if an ordered item should not be available for other reasons. Already paid payments will be refunded immediately.
3.3 Our delivery is subject to the proviso that we ourselves are supplied on time and correctly. We are liable for late delivery in accordance with the statutory provisions, if the delay in delivery is based on an intentional or grossly negligent breach of duty for which we are responsible. Us is attributable to our representatives or agents. If the delay in delivery is not based on an intentional or grossly negligent breach of contract for which we are responsible, our liability is limited to the foreseeable, typically occurring damage.
3.4 If the shipment is delayed at your request or through your fault, we store the goods at your expense and risk. In this case, the display of readiness for shipment is the same as the shipping.
3.5 A direct pick-up on site is not possible! Packaging & shipping costs or bulky goods surcharge will always be charged.
4. Payment options
You can pay the goods when ordering only by prepayment or PayPal. When paying with PayPal is possible against a system fee on request. (System fees can be found under "Order info")
(On request but only for municipal organizations / authorities a surname purchase is possible, with costumes from our shop without changes, then plus fees of at least 10,00 € or about 3% depending on the amount of the invoice / payment must be received after receipt of Goods to be paid within 10 to 14 days)
The prices include 19% VAT. The purchase price is due immediately with order. No discount.
6. Retention of title
The seller retains ownership of the goods until all claims of the seller against the buyer from the business relationship, including claims arising in the future, also from simultaneous or later concluded contracts, are settled. In case of breach of contract by the buyer, in particular in case of default of payment, the seller is entitled to take back the goods after a reminder and the buyer is obliged to surrender. In the withdrawal as well as in the garnishment of the object by the seller, unless the Abzahlungsgesetz applies, a resignation from the contract only if the seller expressly declares in writing. In seizures and other interventions by third parties, the buyer has to inform immediately in writing by sending a seizure protocol and an affidavit on the identity of the seized object
7. Defects and warranty
The guarantee granted by the manufacturers applies. For the fulfillment of these warranty claims the seller is not liable but the manufacturer.
For defects, which include the lack of assured properties, the seller is liable as follows:
a) The buyer must examine the received goods immediately after arrival on quantity and condition. He has to object immediately to obvious defects, at the latest within 3 days, by written notice to the seller. These include open seams or damage to the fabric. As soon as the goods have been carried, the goods were rated as free of defects. A later complaint can then no longer be considered.
b) In the case of justified complaints, the repair of defective goods will be carried out through a repair.
c) In order to remedy the defect, the Buyer must grant the Seller the time and opportunity necessary in its discretion, in particular to provide the object in question. If he refuses this, then the seller is released from liability for defects.
d) Any changes or repairs undertaken improperly by the purchaser or third parties shall cancel the liability for the resulting consequences.
e) Further claims of the buyer against the seller and its vicarious agents are excluded, in particular a claim for compensation for damages that have not arisen on the delivery item itself.
f) Claims of the buyer against the seller and his vicarious agents in case of discoloration or damage due to cleaning work on the costume are excluded, in particular a claim for replacement.
9. Final provision
9.1 The relations between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Law on the Conclusion of International Sales Contracts for Moving Goods is excluded.
9.2 Should any provision of these General Terms of Delivery and Payment be or become ineffective or unenforceable, this shall not affect the validity of the General Terms of Delivery and Payment.
Gevelsberg, the 1st of November 2008