§ 1 Scope
(1) Purchases from Masuku are processed on the basis of these Terms and Conditions. If not agreed explicitly in writing otherwise, the version of the Terms and Condition that applies to your purchase, is the version available at www.masuku.com at the effective date of purchase.
(2) Our Terms and Conditions also apply with regard to future purchases from the same purchaser unless agreed otherwise. In ongoing business relationships Masuku may modify these terms and conditions, provided however that the respective changes are reasonable for the customer. The customer will be informed about any modifications by e-mail using the details provided by you in your order form. In the event that the customer does not object to those changes by sending an e-mail at least six weeks after receipt of the notification such modifications are deemed to be accepted. Masuku will inform the customer about his right to object in the modification notice.
(3) Contract language is English.
§ 2 Conclusion of the Contract with You
(1) Product descriptions on websites and in the online shop of Masuku shall not be deemed a binding offer to enter into an agreement but an invitation to potential customers to submit a binding offer.
(2) Purchase orders submitted by the customer in our online shop are a binding offer by you to enter into a contract with us. The confirmation by us of your order shall not be deemed to be an acceptance by us.
(3) Masuku may accept the order either by delivering the product or submission of a separate acceptance of the order by e-mail within 5 working days at which point our contract with you shall be formed (the “Contract”).
(4) We cannot accept your order until you have paid in full.
(5) We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.
§ 3 Communication with Customer, Electronic Invoices
(1) Customer must provide an e-mail-address during the ordering process and ensures to be reachable at this address from the time of ordering until the fulfilment of the mutual contractual obligations. Customer must notify us of any new e-mail address using the contact details set out at the start of these Terms and Conditions.
(2) Masuku is entitled to use all communication channels, which customer announced for communications in connection with the fulfilment of the contract unless a different form is required by law.
(3) Masuku is entitled to submit invoices electronically by e-mail only.
§ 4 Right of Rescission and Return
(1) Only consumers have a right of rescission. Consumer means every individual person that enters into a contract, which is predominantly neither connected with commercial interests nor with freelance work and who is not a business customer.
(2) Instruction on the Right of Rescission:
You are entitled to rescind the Contract within fourteen days of receipt of the last product in your order without any reason. The cancellation period of fourteen days starts on the day, on which you, or a third party determined by you that is not the carrier, receive the last product in your order.
In order to execute your right of rescission you have to inform us using the contact details set out at the start of these Terms and Conditions, by a clear statement about your decision to rescind the Contract . You may use the enclosed sample of a rescission form, which is, however, not mandatory. To meet the deadline it is sufficient if you send off your statement on the execution of the right of rescission before the end of the rescission period.
(3) Consequences of a Rescission
If you rescind the agreement we will reimburse all payments, which we received from you, including the delivery costs (addition costs, which are caused by your choice of a way of delivery other than our cheapest standard delivery are excluded) immediately and at the latest within fourteen days after the day, on which we received your statement on the rescission of the agreement. For the reimbursement we use the same payment method you used for the original transaction, unless agreed with you otherwise; in no event we will charge fees for the reimbursement. We may refuse reimbursement until we retrieve the products if you fail to furnish proof that you sent off the product to us.
You have to re-send or hand us over the products immediately and in any case within fourteen days after the day, on which you informed us on the rescission of the agreement. The deadline is met if you send off the products before the end of this period.
You have to bear the direct costs for the reshipment.
(4) Sample of Rescission Form
In the event that you wish to rescind the contract please fill in the following form and send it back to us by post or e-mail only:
– To: Masuku Filtration Limited
Using the following format:
– I/we () rescind herewith the agreement I/we () entered into on the purchase of the following products ()/the rendering of the following services ()
– Ordered on ()/received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if submitted on paper)
(*) Please delete where inapplicable.
(5) Right to return or replacement due to a fault
If your product develops a fault within 30 days of purchase, please return it with proof of purchase and we’ll exchange or refund it. After 30 days, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.
§ 5 Delivery
(1) Masuku may deliver several products in partial deliveries as far as it is appropriate for the customer. Delivery costs will be invoiced singularly, if any.
(2) A pickup by the customer directly from Masuku is not possible.
§ 6 Delivery Costs
§ 7 Passing of the Delivery Risk
If the customer is a business, the risk in products to be delivered or re-delivered passes to the customer as soon as the product is handed to the shipping/ delivery carrier.
§ 8 Transport Damages
In the event that transport damages occur customer will, if the damages are apparent, promptly inform the carrier and will report those damages to Masuku. .If you are a business customer, the failure to timely complain may result in a forfeiture of rights as far as the liability of the carrier is excluded for the reason that Masuku was not able to inform the carrier of the damage on time due to the failure of the business customer to complain on time.
§ 9 Retention of title
(1) The purchased product remains property of Masuku until the purchase price is paid completely. If you are a business customer, Masuku retains title to the product until all payments and claims from the business relationship between Masuku and the business customer have been satisfied in full. In the event that the value of the respective product exceeds all claims in connection with the product by 20% Masuku may at its option upon request of the business customer, waive any outstanding claims. . If the customer is a business such waiving only occurs if there are adequate other securities for other claims from the business relationship so that the overall security covers an amount equivalent to the value of the overall claim plus 20%.
(2) As long as the reservation of rights applies the business customer may not dispose of the purchased product.
§ 10 Payment
§ 11 Delay of Payment, Reminder
In the event that Masuku reminds a business customer in writing of the overdue payment the business customer has to pay a flat fee of 5.00 EUR for every reminder.
§ 12 Payment by Credit Card
(1) Credit card payments are completed once the respective amount is credited to Masuku’s account.
(2) In the event that payments by credit cards or PayPal are not executed or charged back customer has to bear the cost of the credit card provider or PayPal, plus a reasonable processing fee, unless the customer is not responsible for it. Masuku retains the right to proof a higher damage, the customer retains the right to proof a lower damage.
(3) Notifications of defects or warranty claims do after receipt of the product not entitle the customer to charge back payments by credit card PayPal or direct debit. This is also binding for owners of credit cards or accounts that are different from those provided by the customer at the time of placing their order. The customer must follow the returns process set out in § 4 and in the case of a legitimate notification of defects the provisions in § 15 apply additionally.
§ 13 Exclusion of Set-off, Right of Retention
The customer may only offset undisputed claims or claims that are granted by a final court order against claims of Masuku; the same applies for a possible right of retention.
§ 14 Debt Collection
(1) In the event that claims of Masuku are overdue and that reminders of Masuku does not result in a payment Masuku or an assignee may mandate a collection service admitted by the competent authority to collect the debt.
(2) The customer has to bear the reasonable and common costs of the collection service.
(3) Independent of possible debt collection costs according to para. 2 the customer has to pay a fee of 10.00 EUR for mandating the collection service. Masuku retains the right to proof higher costs, the customer retains the right to proof that the costs are actually lower.
§ 15 Warranty
(1) The legal warranty provisions apply unless provided otherwise in the following provisions.
(2) Returns of defective products by non-business customer shall be made in accordance with the Consumer Rights Act 2015.
(3) Business customers shall notify Masuku of evident defects within two weeks after receipt of the product in writing (fax or e-mail is sufficient); defects that are not evident shall be reported within one week after discovery. If the customer does not meet such deadlines, warranty claims are excluded unless Masuku has fraudulently concealed the defect.
(4) Following receipt of a notification of defects, Masuku shall only replace the product or fix the defect after the business customer has returned the defective product. Masuku will bear the costs for reshipment. The business customer must, however, choose a reasonable courier for transportation. In the event that the courier costs exceed usual transport costs and that a cheaper transport would have appropriate for the business customer (in Masuku’s reasonable opinion), then the business customer shall bear the additional costs. If Masuku determines following internal investigation that the product does not have a defect, the business customer shall repay the costs for reshipment to Masuku and bear the cost for the transport back to the business customer.
(5) If Masuku determines following investigation of a returned product from a business customer, that such product does contain defects, Masuku may at its discretion, choose between providing a replacement or repair of the product to the business customer. Masuku may execute the option by notifying the customer in writing (e-mail and fax is sufficient) within three days after receipt of the returned product.
(6). Claims for damages by business customers in respective of defective products are subject to § 16.
(7) Business customer warranty and/or damage claims are excluded after a period of one year starting with the delivery of the product. This does not apply if Masuku has caused a defect or damage voluntarily.
§ 16 Limitation of Liability
(1) The liability of Masuku is excluded, unless provided otherwise in the following paragraphs. The exclusion of liability does not apply:
(2) The limitations of Masuku’s liability under this section also apply to the liability of its officers, employees, agents and subcontractors..
(3) If you are a business customer, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
(4) Masuku confirms that the products (i) shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by Masuku in these terms and on its website and (ii) be free from defects in design, material and workmanship and remain so for 12 months after delivery. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this agreement in respect of purchases by business customers.
§ 17 Delays and Force Majeure
(1) If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
(2) If you are a business customer, In the event that delays of delivery or services are caused by force majeure or unforeseeable occurrences, which may significantly hinder or make the fulfillment of the contractual duties impossible and are not intentionally or negligently caused by Masuku (e.g. war or warlike events, official directives, non granted export, import or transit licenses, national measures that limit trade, strike, lock out, pandemic or epidemic or other interruption of operations of any kind or traffic blocks) (a “(Force Majeure Event”) – regardless of whether those events occur to Masuku, suppliers or subcontractors– Masuku may postpone the delivery or services for the period, in which the hindrance exists plus an adequate re-start time or cancel the agreement if it is not fulfilled and the reason for the hindrance exists for an indefinite period.
(3) The business customer may only cancel the agreement if the Force Majeure Event persists for at least two weeks. The customer may cancel the agreement earlier if a further delay is not appropriate, especially if it is foreseeable that the hindrance will not end in the foreseeable future. In the event that a delay of more than two weeks may be appropriate, e.g. because an end of the interruption is foreseeable a cancellation may only be possible after more than two weeks.
(4). To the extent permitted by law, Masuku will not be liable to the business customer for any and all loss suffered due to a Force Majeure Event.
(5) Nothing in this § 17 will limit the business customer’s obligation to pay any amounts due under a purchase order due to the occurrence of a Force Majeure Event.
§ 18 Redemption against reimbursement of the value of raw materials
(1) The customer is for an indefinite period entitled to return the purchased product to Masuku. Masuku will credit an amount, which is based on the value of the raw materials of the product, to customer. The applicable amount may be identified by the customer at the time of return at masuku.com/connect by using the serial number identified on the product or a QR-code.
(2) The customer obtains a respective credit on his customer account or, if he doesn’t have a customer account a voucher code. He may use the credited amount for purchases at Masuku within a period of five years after the amount was credited.
(3) The customer bears the costs for the reshipment.
(4) The right to return products under this section is in addition to and does not affect any warranty claims of the customer or any right to rescission may exist or any right to return products as permitted by law.
§ 19 Dispute Resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Retail ADR via their website at http://www.retailadr.org.uk/. Retail ADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings
§ 20 Personal information
§ 21 Miscellaneous, Address at which a Summons may be served
(1) These Terms and Conditions are subject to and shall be interpreted under English law. .
(2) You can bring legal proceedings in respect of the products purchased under these Terms and Conditions in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(4) The agreements on the place of jurisdiction in this section remains unaffected if claims between Masuku and the customer are assigned to third parties.
(5) Address of Masuku at which legal notices may be served:
§ 22 Masuku Rewards