1.4. These General Conditions of Sale (hereinafter "GTC") apply to all closed sales contracts between MASISTES and consumers who buy their product via the MASISTES Online Shop (www.MASISTES.com).
1.5. A consumer in the sense of § 13 Civil Code (BGB) is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
1.6. The company name is MASISTES GmbH, a German company which ships worldwide.
2.1. The presentation of goods in the MASISTES-Online-Shop does not constitute a binding offer.
2.2. With the order - by clicking the button "buy now" - you make a binding offer to buy. MASISTES sends you an automatic order confirmation by e-mail, which documents the order again. This automatic order confirmation merely confirms that the order has been received by MASISTES and does not constitute acceptance of your offer.
2.3. The contract is only concluded when MASISTES confirms the conclusion of the contract by means of a separate e-mail or by sending the goods.
2.4. If a delivery of the ordered goods is not possible, for example because the corresponding goods are not in stock, MASISTES abdicate a declaration of acceptance. In this case, there is no contract issued. MASISTES will inform you immediately about this and immediately refund any consideration which is already received.
3.1. As a consumer, you have the following right of cancellation when making a purchase through the MASISTES-Online-Shop.
- Cancellation Policy -
Right of withdraw You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us through our contact form on our website:
or write to us including our signed withdraw form to:
or send us an email including your signed withdraw for to our email address:
Should a customer wish to withdraw a contract, it should be happened by means of a clear statement (eg. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from your contract, we will transfer back all of the payments we have received from you at the latest within fourteen days from the date on which that you receive the confirmation of your cancellation from us. For this repayment, we use the same means of payment that you used in the original transaction.
The amount of payback may be varied from the amount of purchase. The customer should pay the transaction fees and exchange fees, if it applies. Receiving the goods back is prerequisite for cancelation right to be implemented. You must return or hand over the goods to us (MASISTES GmbH, Kiesselbachweg 31, 22399 Hamburg, GERMANY) without delay and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. The customer bears the immediate costs of returning the goods. The is responsible and have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
- End of cancellation -
3.2. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer.
3.3. MASISTES informs you about the template of withdrawal form according to the legal regulation as follows:
-WITHDRAWAL FORM -
(If you want to cancel the contract, please fill out this form and send it to: )
Kiesselbachweg 31, 22399, Hamburg, GERMANY.
Phone: + 49 (0) 1791698814 .
- I / we (*_____________________________) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Appointed on (*) / obtained on ( *) - name of the consumer (s) - address of the consumer (s) - signature of the consumer (s) - date.
Watch Collection Name:
Date of Purchase
Date and Sign of the customer
- End of the withdrawal form –
(*) Delete as appropriate.
_________ fill as appropriate.
4.1. In addition to the official right of cancellation, MASISTES grants you a voluntary right of return within a total of 14 days after purchasing the goods. With this right of return, you can also after the 14-days cancellation period (see Cancellation 3.1) dissolve from the contract by returning the goods within 14 days after purchasing the goods (beginning of the period on the day after purchasing goods) to MASISTES. The timely dispatch of the goods is sufficient for the deadline. The prerequisite for the exercise of the voluntary right of return, however, is that you have tried the goods only for viewing and return the goods completely, in their original condition intact and without damage in the original sales packaging. We bear the immediate costs of returning the goods.
Please send the goods to the following address: MASISTES GmbH Kiesselbachweg 31, 22399, Hamburg, GERMANY
4.2. The repayment is made by the same means of payment that you used for purchasing our good. Other payment method is not possible.
4.3. The official right of withdrawal is not affected by the provisions on the supplementary contractually granted (voluntary) right of withdrawing and remains independent of this. Until the expiry of the period for the statutory right of cancellation, only the statutory conditions listed in Section 3 apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you will receive unrestricted.
5.1. The delivered goods remain the property of MASISTES until full payment takes place.
5.2. You are not entitled to set off against our claims unless your counterclaims are legally established or undisputed.
5.3. As a buyer, you may only exercise a right of retention if your counterclaim comes from the same purchase agreement.
6.1. MASISTES ships worldwide. Deliveries are made in cooperation with the postal services and their partners. You have the right to the cancel purchases and return delivered goods by contacting MASISTES’ customer service or using the contact form on MASISTES’ website within 14 days from receiving the goods (www.Masistes.com/contacts), provided that the goods are unpacked and the good(s) and their package are in the same condition as it is sent. By confirming the return and the bearing the cost, MASISTES will bear the cost of return. Otherwise, the customer is responsible for the cost and risk of transporting the returned goods to MASISTES. Kindly note that items marked as ‘Final Sale’ will be excluded from our normal return policy and will NOT be eligible to be canceled, returned or exchanged. In cases, you as a customer believe that the delivery is delayed in such a way that you no longer wish to fulfill the order, it is your responsibility to cancel the order within the boundaries of our cancellation policies. If the postal service issues a tracking number for your purchased products, you will be informed. Consequently, you should contact the postal service using your tracking number, if you require any further information regarding your package or parcel. In cases where the order has been dispatched, the customer is required to receive the order. Cancellation or return the purchased product is not valid until the customer has coordinated and confirmed with MASISTES either by email or Fax. Cancellation or return the purchased product is not valid in any other way than written communication. If a product has been discontinued MASISTES has the right to cancel the purchase and refund the paid amount to the customer. MASISTES will notify the customer for a replacement or compensation with an equivalent product if available.
6.2. MASISTES is entitled to partial deliveries, as far as this is reasonable for you.
6.3. The delivery of the goods takes place to the delivery address specified by you. Postal service has the right to cancel the delivery contract and return the product if your given address is wrong or partly wrong.
6.4. The risk of accidental loss or accidental deterioration of the goods (transfer of risk) passes to you as soon as your good(s) delivered to you or the address that you provided when you bought the good(s).
7.1. The prices are valid at the time of the order. All prices are consumer prices, include VAT/MwSt and do not include shipping costs and any payment fees.
7.2. MASISTES has the right to decide when ship free or informs you about the applicable shipping costs on the website and any payment fees prior to the conclusion of the contract. In some case MASISTES can decide to add the cost of shipment with the prior notice. For orders via the MASISTES-Online-Shop, the price including VAT/MwSt and any shipping and handling costs will also be displayed in the order form before the conclusion of the contract. So long that MASISTES ships for free, MASISTES has the right to only show the price of the product without any calculation and declaration of shipment fee.
7.3. All of the prices are included VAT/MwSt. Please note that if you place an order outside of Europe, you may be subject to import duties and taxes that are incurred when the package arrives at your delivery address or at your custom house. You are responsible for the payment of such import duties and taxes. Please note that MASISTES has no control over these charges, and since they vary in different countries, MASISTES cannot predict their fees and charges. MASISTES recommends that you contact the local customs office for more information.
7.4. Product: MASISTES has the right to adjust prices, involve additional cost and change product information such as product pictures and offers without notice.
8.1. Unless otherwise agreed, the payment of the purchase price is due immediately upon conclusion of the contract. In the event of late payment, MASISTES is entitled to demand default interest in the amount of from 5 to 10 percentage points above the base rate of the European Central Bank.
8.2. The following payment methods are available:
(1) Payment by credit card. When paying by credit card you transfer your credit card details to our payment service provider. Your credit card details are transmitted via a secure connection. After receiving your credit card information, the goods will be sent to you. The consumer carries the fees which may apply for using the credit card.
(2) Payment by PayPal. In order to pay the invoice amount via the online provider PayPal, you must be registered with PayPal or register, legitimize with your access data and confirm the payment order to MASISTES. Once the invoice amount has been credited to our account, the goods will be shipped to you.
(3) Payment by invoice. In cooperation with Klarna, MASISTES offers to bill you as an additional payment option. With this payment method, you do not have to enter any account details. Payment on account is subject to certain guidelines and is therefore not available for all orders and customers. In particular, the payment option is only offered for deliveries within Germany. It is also necessary that the delivery address matches the billing address. When paying by invoice you must agree to the general terms and conditions of Klarna, which are available during the ordering process. By completing the payment form, you accept that Klarna is conducting a credit check. If Klarna agrees to the payment on account, you will receive an invoice from Klarna by e-mail, as soon as the ordered goods have been sent to you. You then have 14 calendar days to settle the bill. If Klarna does not agree to the payment on account, you must opt for an alternative payment option.
(4) Payment by Bank-transaction (Sofortüberweisung). With the bank transaction payment method, you are bound to transfer the invoice amount immediately after the order process to MASISTES. As soon as MASISTES has received payment confirmation from your account-managing bank, the goods will be sent to you.
(5) Payment by Giropay. Payment by Giropay is only possible if this service is offered by your bank. For the payment method Giropay you transfer the invoice amount to MASISTES directly after the order process. As soon as MASISTES has received payment confirmation from your account-managing bank, the goods will be sent to you.
8.3. By your purchase and dispatching you product you abdicate the right to ask you band to abound or take back the paid fee for the purchase.
9.1. MASISTES is liable for material and legal defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. Civil Code (BGB). The limitation period for official claims and right to warranty varies between the Masistes' creations. For jewelry is usually three years, for timepieces two years and for the bracelets usually 6 months. The exact warranty period is announced on the official product web page. The warranty period begins with the purchase date of the goods.
9.2. Claims for material defects do not exist if you modify the goods, treat them improperly or use them in a way that is not related to the proper operation of the goods.
9.3. MASISTES is liable for damages resulting from a breach of a guarantee or injury to life, limb or health. MASISTES is not liable for damage to goods other than the purchased item itself or to other assets (consequential damages due to defects) of the purchaser based on a simply negligent breach of contract. MASISTES also is not liable for damages resulting from a non-essential breach of contract. The same applies to intent and gross negligence, for the mandatory legal liability for product defects (in particular under the Product Liability Act) and for liability for fraudulent concealment of defects. MASISTES is liable for slight negligence only if essential obligations are violated which arise from the nature of the contract and which are of particular importance for the achievement of the purpose of the contract. In case of breach of such obligations, delay and impossibility, the liability of MASISTES are limited to such damage, which must typically be expected within the framework of the contract.
9.4. Statute of Limitations: Claims of the customer for damages due to material and manufacturing defects are subject to a limitation period of two year from delivery. MASISTES GmbH is exempted from any consequential damages caused by material and manufacturing defects.
9.5. Liability for damages: MASISTES is not liable for damages for property damage and financial loss resulting from the violation of other duties of conduct, insofar as we can prove that we are only negligently responsible for the breach of duty.
9.6. Warranty term: warranty period starts from the date of purchase. This warranty covers manufacturing defects on the Masistes' creation. The warranty covers manufacturing defects of watch itself (movement, case, crystal), cuff itself and the bracelets (Leather and the lock). Other parts than the above are not covered by this warranty. To have replacement covered under this warranty performed, please use our contact form on the "contact us" page. In the e-mail you need to specify your name, address, order number, the detailed description of the issue and other obligatory filled and information. Finally, write ‘reclaim of purchase’ as the subject of the e-mail or letter.
Note that the following cases are out of the warranty terms and repair/replacements will be followed by charges in the following cases, even during the warranty term.
- Failure or damage caused by improper use or carelessness (knocks, dents, crushing, scratch, broken crystal, deep diving, excessive expositor to water or other liquids, stretching and pulling materials apart, etc.) -Opening the case back of the watch or intervene in any Masistes' products, Failure or damage caused by unjustifiable repair or modification - Failure or damage caused by electricity, fire, water, weather or a natural disaster for example an earthquake and also sudden shake or/and damages caused by magnet -Esthetic changes that occur during normal wear and tear and aging (minor scratches, etc.; on the body, on the case and/or crystal, alteration of the color on the wristband and the peeling of the plating) - Any damage caused by the chemical materials -Any damage caused by sudden cold or warmth that caused losing the glue or falling off the stone/diamond or other parts apart -losing total or part of any purchased material -In case the retail store and the purchase date are not indicated on the warranty, or if this information has been rewritten -If the warranty is not submitted along with the watch. -The life of the battery. -Any attempt of intervention without hiring authorized retailer. Intervention for changing the battery.
Battery replacement will be charged even during the warranty term.
Note to warranty terms:
- For our watches: the case, dial, hands, crystal, watchband or other parts thereof may be replaced with substitutes if the originals are not available.
- For our watches: waterproof 5ATM means that the clock is fine for household activities, sports or swimming in shallow waters. We do not recommend to wear the watches in the bathtub or while snorkeling or diving. Please keep the order confirmation as it contains information about your order and is your confirmation of purchase.
This warranty warrants that you can receive a free replacement in accordance with the terms set forth herein and within the specified term, and shall not restrict any lawful right of the Customer.
9.4. Please note that both sent-date from the customer and the delivery-date for reparation to us of the item should be in the period of warranty terms. If the purchased item delivered to us out of the date of the warranty period, the customers will be charged for any replacement, reparation and consequential fees.
10.1. MASISTES uses the personal data provided by you (such as name, address, e-mail address, telephone number, account number and bank code) in accordance with the provisions of data protection law.
10.2. All personal data will be treated confidentially. The personal data necessary for the business transaction are stored by MASISTES and used for the processing of orders, administration of the customer relationship, delivery of goods, settlement of payments and avoidance of bad debts and, if necessary, to service partners, which MASISTES uses for the execution of contracts (such as Freight forwarders or credit institutions). Furthermore, data are used for own advertising and marketing purposes, e.g. for the sending of written advertising information. MASISTES uses your e-mail address to send promotional offers, if you have not objected. As far as it requires your consent, MASISTES will catch up with them in advance.
You can always contact us by writing us to
Phone: +49 (0) 179 1698814
disagree with the use and processing of your data for your own advertising and marketing purposes and object to any consent given in the use of your data.
11.1. Please be aware that whenever you post information to the Website (e.g. a forum or guestbook) that information may be accessible for other users. You should, therefore, choose carefully the information you post and that you provide to other users.
11.2. MASISTES does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship or any other materials that you may post (“User Content”) on the Website. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Website, you hereby grant Us a non-exclusive, sublicensable, transferable, free and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content on and through the Website or in the MASISTES section of a third-party platform (Facebook, Twitter, etc.) until you remove your User Content from the Website.
11.3. You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company.
11.4. You are solely responsible for the User Content that you post on the Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by MASISTES prior to posting and does not necessarily reflect the opinions or policies of MASISTES. MASISTES makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
11.5. The Website may offer the possibility for users to create a personal account by providing certain information. In such case, you will be required to choose an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
11.6. MASISTES expressly reserves the right to remove any information or materials posted or transmitted by anyone which is in breach of these rules, including any offers for watches. MASISTES will fully cooperate with any law enforcement authorities or court order requesting or directing MASISTES to disclose the identity of anyone posting any such information or materials.
12.1. Fraudulent or other illegal acts will be reported by MASISTES immediately. If you conclude a contract with MASISTES in fraudulent or illegal intent, MASISTES is entitled to withdraw from the contract and to assert claims for damages.
12.2. MASISTES is entitled to refuse to conclude a contract with you for an important reason. An important reason is in particular, but not exclusively, if you violate your obligations under these terms and conditions.
13.1. All intellectual property rights, trademarks, and copyrights, as well as the know-how relating to the domain www.MASISTES.com and the products distributed via the MASISTES Online-Shop are the exclusive property of MASISTES or its subcontractors or licensors. Any use of these rights by you that is not for your personal, non-commercial use is prohibited without the prior consent of MASISTES. The Website together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Website and all other files, and their selection and arrangement (“the Website Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by MASISTES, its affiliates, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Our prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of MASISTES.
13.4. In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on MASISTES' Platforms or Platforms which authorises as affiliate are registered, unregistered or otherwise protected MASISTES' trademarks or are licensed for use by MASISTES by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without MASISTES' prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
All products are the property of Majesty GmbH until full payment has been made.
15.1. Under current law, MASISTES is required to alert consumers to the existence of the European Online Dispute Resolution platform, which can be used to settle disputes without the need to bring a court to court. The platform is set up by the European Commission. The European online dispute resolution platform can be found here: http://ec.europa.eu/odr .
15.2. MASISTES is not obliged to participate in a dispute resolution procedure before a Consumer Arbitration Body and has decided against voluntary participation.
16.1. FORCE MAJEURE: MASISTES shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new/amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to a criminal activity that affects activities.
17.1. While MASISTES uses reasonable efforts to include accurate and up-to-date information on the Website, it makes no warranties or representations with respect to the Website Content, which is provided "as is." In particular, MASISTES neither warrants nor represents that your use of the Website Content will not infringe the rights of third parties not owned by or affiliated with MASISTES.
17.2. MASISTES assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Website or your downloading of any materials, data, text, images, video or audio from the Website.
17.3. MASISTES reserves the right to interrupt or discontinue any or all of the functionalities of the Website. MASISTES accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Website, irrespective of whether this is the result of actions or omissions of MASISTES or any of its affiliates or any third party.
17.4. The Website Content may contain technical inaccuracies or typographical errors. MASISTES reserves the right to make changes, corrections and/or improvements to the Website Content at any time without notice.
18.1. The Platforms may contain links to other platforms operated by third parties not affiliated to MASISTES. The inclusion of any link to such third party sites does not imply endorsement by MASISTES of those sites. Because of this, MASISTES has no control over and does not endorse any of the sites to which the Website is linked and because MASISTES has not reviewed any or all of the sites to which the Website is linked, you acknowledge that MASISTES is not responsible for the content of any off-site pages or any other sites linked to the Website. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
18.3. Framing of the Website by sites or site elements of parties not part of MASISTES GmbH is not permitted. In-line linking or any other manner of incorporating parts of the Website on sites of parties not part of The MASISTES GmbH is equally prohibited.
19.1. While MASISTES endeavors to ensure that the Website is normally available 24 hours a day, MASISTES will not be liable if for any reason it is unavailable at any time or for any period.
19.2. Access to the Website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.
21.1. Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting MASISTES' products and services and in certain cases to present products for sale via a variety of means. MASISTES makes no representation that MASISTES' Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to MASISTES Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may not always identify products that are not available worldwide.
All content (including MASISTES Materials) on the Platforms are either Copyright © MASISTES or are licensed for use by MASISTES. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
24.1. MASISTES has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of MASISTES products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, MASISTES cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.
24.2. You may download just one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("MASISTES MATERIALS") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
24.3. Any usage of Masistes Material should be with referral to Masistes as its origin.
The law of the Federal Republic of Germany. International Law.
Latest update: Aug. 2019