The online store of the company Makaro GmbH is operated under the domain name www.makarojewelry.com. For all business relations between Makaro GmbH and you, these General Terms and Conditions (GTC) apply exclusively in the respective current version at the time of the conclusion of the contract. Makaro GmbH does not recognize deviating terms and conditions, unless these have been expressly agreed to in writing by one of the managing directors of Makaro GmbH. By placing an order, you agree to these terms and conditions, which become part of the individual sales contract. Changes of our general terms and conditions become effective with their publication on the website www.makarojewelry.com.
2) Conclusion of contract
If you place an order in our online store (this also includes the registration for the Makaro Club), this represents a binding contract offer to us. After placing your order, we will send you an email confirming the receipt of your order, which serves as an invoice for your purchase from Makaro GmbH. This order confirmation contains all details of your order (among other things ordered products, prices, delivery and payment conditions). With the receipt of your order confirmation, Makaro GmbH also accepts your order. Thus, the sales contract is closed.
However, we reserve the right to revoke the acceptance of the sales contract up to 24 hours after forwarding of the confirmation email. This may be the case, for example, if the ordered goods exceed a household quantity or are not available.
Please note that purchase contracts with persons younger than 14 years are not legally valid. Our offer is not designed and therefore not aimed at children; neither the nature and size of our jewelry nor the functions on our website (payment options, etc.) are suitable for use by children. For this reason, children are not addressed as customers in any way.
In accordance with the legal stipulations, when concluding a sales contract, the customer is liable for the correct transmission of pertinent data. In agreement with common business practice, Makaro Ltd. assumes that any data transmitted by you to us about other persons (for example for the delivery of gifts, etc.) are correct, and that the other person has been informed by you about the transmission of that data for the purpose of the contract fulfillment, at the latest at the first contact with the customer (e.g., delivery of the gift).
3) Right of Cancellation
3.1. Right of Cancellation for Austrian consumers
3.1.1. Right of Cancellation
You can cancel your purchase contract with Makaro GmbH within 14 days without giving reasons. The period begins after receipt of this instruction in text form but not before receipt of the goods by you. The day triggering the beginning of the period (i.e., conclusion of the contract or receipt by the customer) does not count.
Cancellation can be requested within the cancellation period in writing by sending an email to email@example.com.
Further information about the return will be announced by email.
For exceptions to the right of withdrawal, see Section 3.3
3.1.2. Cancellation Consequences and Value Replacement
In the case of an effective cancellation, any mutually received benefits and any benefits derived are to be returned. (Exceptions see Section 3.3). If you cannot return the goods in full, in part or only in a deteriorated condition (e.g., with traces of use, in a damaged or dirty condition), you are liable to pay compensation for the value of the goods.
Damage or deterioration that arises exclusively because of a brief inspection of the goods does not constitute a reason for compensation.
Returns incurring because of an effective cancellation are free of charge from Austria. Under no circumstances does Makaro GmbH accept unfree parcels or parcels that require customs duties, import sales tax or other charges. The parcel must be prepaid by the customer and clearly marked with the note "Returned Goods." We therefore strongly recommend your using the original return label, which will be sent after cancellation. For refund claims of shipping costs for the return shipment, the corresponding copy of the postal invoice or the original must be sent by email or mail within 14 days after posting the shipment. The claim for reimbursement of shipping costs expires after the expiration of this period. The date on the postal invoice is applicable. Refund of costs for completely undamaged and unused goods will be made within 30 days. The period begins when we receive the goods. As long as we have not yet received the goods, we reserve our right of retention.
End of the Cancellation Policy and Value Replacement Policy
3.2. Right of Cancellation for German Consumers and Consumers from the EU (Except Austria)
3.2.1. Right of Cancellation
You can cancel your purchase contract with Makaro GmbH within 14 days without giving reasons. The period begins after receipt of this instruction in text form, however not before you have received the shipment and not before the fulfillment of our duties to supply information in accordance with Article 246 §2 in connection with §1 Exp. 1 and 2 EGBGB as well as our obligations in accordance with §312e Exp. 1 Sentence 1 BGB in connection with §246 §3 EGBGB. The day on which the deadline is triggered (conclusion of the contract or receipt by the customer) does not count. Cancellation can be requested within the cancellation period in sending an email to firstname.lastname@example.org. Further information concerning the return will be sent by email.
For exceptions to the right of cancellation, see Section 3.3.
3.2.2. Cancellation Consequences
In the event of an effective cancellation, the mutually received benefits and any benefits derived are to be returned. (Exceptions see Section 3.3). If you cannot return the goods in full, in part or only in a deteriorated condition (e.g., with traces of use, in a damaged or dirty condition), you may have to pay compensation for the value of the goods.
Deterioration that is solely because of a brief inspection of the goods does not constitute grounds for compensation. Return costs from all countries except Austria will not be reimbursed by Makaro GmbH. Makaro GmbH does not accept under any circumstances unfree parcels or parcels that require customs duties, import sales tax or other charges. The parcel must be prepaid by the customer and clearly marked with the inscription "Returned Goods." We therefore strongly recommend using the original return label, which will be sent upon cancellation.
Refunds for completely undamaged and unused goods will be made within 30 days. The period begins with the receipt of the goods by us. As long as the goods have not been received by us, we exercise our right of retention.
End of the cancellation policy and the value replacement policy
3.3 Catalog of Exceptions to the Right of Cancellation
In the following cases, there is no right of cancellation:
- for items that are offered at reduced prices under the label "Sale"
- for goods that are specially made according to customer specifications and clearly tailored to personal needs (e.g., all products from our "Create Your Own" line, products with special lengths or custom-made products from existing components)
- for goods that are not suitable for return because of their nature.
- for items received as part of a Makaro Club membership.
The goods must be returned by the consumer properly packaged. The customer is liable for lost products because of insufficient packaging or inadequate sealing of the packaging. We always recommend registered or insured shipping, as the customer is liable in case of loss of the shipment by the transport service provider. If the customer is an entrepreneur according to §1 UGB, revocation is completely excluded.
On our homepage, all prices are shown in €, including sales tax for the respective country, if applicable. These prices are valid plus any shipping costs at the time of the order. Should export or import duties become due in the course of shipping, these are the responsibility of the customer.
No VAT is charged for deliveries to countries outside the EU (e.g., Switzerland or USA), i.e., the net amount appears on the invoice. Any import sales tax must be paid additionally by the recipient upon delivery.
In case of late payment, we reserve the right to charge reminder fees.
5) Terms of Payment
5.1. Payment Methods
You can choose between different methods to pay for your order:
- Credit card (Visa, Mastercard, Diners Club, American Express)
Please enter your credit card details in the order form. Our system guarantees 100% secure data transmission: All credit card data or your account details are transmitted at all times using SSL encryption. This hides all your data from unauthorized persons, so that a misuse of your personal or credit card data can be excluded. You can find more detailed information about SSL on Wikipedia.
PayPal is a payment method specially developed for payments in online stores. It is simple, fast and secure. For this you have to create your account once at www.paypal.com, which works like an online account. You can then shop safely and easily in most online stores without having to enter your credit card or bank details every time.
- SOFORT Banking
SOFORT transfer is a fast and easy way to transfer money from your account. This option is suitable for anyone who has online access to their bank account. The option takes you directly to your bank's page and you can make the transfer directly online.
- Purchase on account (Klarna)
Purchase on account is handled entirely by the Klarna payment service. All information about may be found here: https://www.klarna.com/at/agb/
An exception is the Makaro Club, where payment is possible only by credit card.
In case of a refund by the seller, the corresponding amount will be credited via the respective payment method used for the purchase.
Vouchers can be purchased and redeemed online as well as in the Makaro stores; however, this does not apply to retailers or third parties dealing with goods of Makaro GmbH.
If goods have been paid for or partially paid for with a valid voucher, in the case of a credit note the amount will be credited back to the voucher before credit notes/chargebacks can be made via other payment methods.
Vouchers are not redeemable for cash.
6) Delivery/Shipping Costs
In principle, we deliver to all countries worldwide, except for permanent or temporary restrictions by the Austrian Post. Delivery is made to the delivery address specified by you - except in the case of other arrangements. All information about availability, shipping time or delivery are only exemplarly and do not represent binding or guaranteed delivery dates. If the ordered goods are not available, we reserve the right to withdraw from the contract and not to deliver them. In this case, you will be informed immediately. Makaro GmbH reserves the right to charge additional shipping costs, if such costs incur, for example, in the case of unsuccessful delivery or refused acceptance.
Makaro GmbH does not assume or reimburse return shipping costs.
For more information, see: https://makarojewelry.com/pages/versand-rucksendung
7) Retention of Title
The delivered goods remain the property of Makaro GmbH until full payment of the price and any shipping costs has been made. The contracting party waives the possibility of offsetting. This does not apply to consumers for counterclaims that are legally related to our claim, legally established or expressly recognized by us.
All elements (images, texts and other) of the website www.makarojewelry.com as well as the associated social media pages (https://www.facebook.com/MAKAROjewelry/ and https://www.instagram.com/MAKAROjewelry/) are the intellectual property of Makaro GmbH. Links to this homepage are permitted. The use of images is also permitted, provided the source is indicated as a link (www.makarojewelry.com) and the author (Makaro Jewelry, Makaro GmbH) is explicitly mentioned in the publication. Copying or reproducing parts of this site for other purposes (e.g., copying of product texts, use of text passages from frequently asked questions etc.) is prohibited under all circumstances, unless Makaro GmbH has given its prior written consent.
9) Severability Clause
In the event that individual points of these General Terms and Conditions are/become wholly or partially invalid, the validity of the remaining points remains unaffected.