Terms of Service
1. General Provisions
(1) Both, end consumers and business clients, are considered to be clients by the present terms and conditions.
(2) These terms and conditions will apply for the entire business relationship between the client and www.make.id . They apply to business owners for all future business relations, even if it is not expressly agreed again; the version at the time of contract is applicable and valid.
BASICALLY, These terms will regulate all actions of our services here.
(1) The offered products are graphic and printed materials "cards" that are in fact a sample, or a novelty which may not be used in public circulation. They have no official status and are no official documents. They also do not transfer any rights or privileges to the holder. The cards themselves are not seen as some sort of proof.
(2) The cards are not official, nor are they understood as copies / counterfeits, or for made for any use or experiments of processes as in the case of an existing, original, official card.
(3) The abuse of this card is illegal, no matter if as a result of an inaccurate representation, fraud, abuse in public or other. If you decide to do something else than the original acquisition purpose of these novelty cards, you have to take in knowledge that you may injure Legislation.
BASICALLY, We have great products, however they have no official status as such.
3. Duties of Clients
(1) MAKE.ID is in no way liable for any (direct, indirect, incidental, special, typical, consequential) losses or damages caused by the use of these cards. When in doubt, the client indemnifies for all own damage and third party liabilities.
(2) It is the client’s responsibility to verify that the possession and use of these pre-made card templates is allowed in wanted area before purchasing a card with us. With the purchase of our pre-made cards the client confirms that the possession of this card is permitted in the corresponding country, business or organization.
(3) The disclosure of false, fraudulent information may be illegal. Primarily, what is hereby meant, is the use of MAKE.ID cards as a proof of age or status detection (even with false information) for any illegal purpose.
BASICALLY, You should make sure within your area or organization that these pre-made templates can be used.
4. Conclusion of Contract
(1) The products and services listed inside this online shop do not constitute binding offers; it is rather an invitation to the client for submitting an binding offer to MAKE.ID by placing an order.
(2) By submitting the order data at the end of the ordering process the client is placing a binding order for the items inside the virtual shopping cart www.make.id will confirm the receipt of the order immediately. This confirmation of receipt does not constitute the acceptance of the order; however it may be connected with the declaration of acceptance.
(3) www.make.id is entitled to accept the contract offer (the order) of the client within seven working days of receipt. Acceptance may be declared either by explicit communication or delivery of the goods.
(4) www.make.id is entitled to limit the order to a household amount. In addition, possible changes, such as the content, form or color - to the extent reasonable for the customer - are reserved.
(5) The final contract is subject to a non or partial delivery, in the case of an incorrect or improper delivery by suppliers - that is, www.make.id does not assume any risk. The responsibility for intent and negligence in accordance with § 9 of these Terms and Conditions shall remain unaffected. In the event of unavailability or only partial availability of the services www.make.id will immediately inform the customer; in the event of withdrawal by the customer, an already made payment will be refunded immediately, if the service has not been initiated yet.
BASICALLY, You are placing a firm order. You can't get a refund once your card has been produced.
(1) Generally, consumers are entitled to have a right of withdrawal for purchased items. In the present case, however, in accordance with § 312 d para. 4 BGB (German Civil Code) the right of a withdrawal does not apply, because subject to the contract it is about the delivery of goods that are produced according to the clients’ specifications and are clearly tailored to personal needs.
BASICALLY, You can't withdraw a delivered order because we can't resell a customized card.
6. Prices and Shipping
(1) All prices listed in the online shop are total prices. They already include all price components, in particular the sales tax.
(2) Unless otherwise agreed to, prices do not include packaging, freight, postage or insurance. Therefore, for shipping the ordered products there may incur additional shipping costs; clients will be explicitly notified of the amount.
BASICALLY, There are no hidden extra costs and you will see all final prices before placing an order.
7. Shipping Policy
(1) Unless an exception has been expressly agreed to, goods will only be delivered after an advanced payment - that is, delivery will only take place after the payment has been made.
(2) Partial deliveries are permissible if reasonable for the customer.
(3) For businesses there may be a risk of accidental loss or accidental deterioration of the sold goods through the transfer to himself or herself or a person who is authorized to receive it, on the mail order purchase the risk may be with the delivery of the goods to an appropriate transport person. For consumers, the risk of accidental loss and accidental deterioration of the sold is always with the handover of the goods to the consumer, no matter if the customer is in default of acceptance.
BASICALLY, We ship all products right after receipt of payment.
(1) In the case of payment by bank transfer or cash payment, it is necessary to submit the full name and purpose/order number to the notified bank account.
(2) The client shall only be entitled to offset, if his counterclaims have been legally established or accepted by www.make.id . The client can only perform his/her rights of retention if the counterclaim is based on the same contract.
BASICALLY, To assign your bank wire payment properly, you need to submit your order number.
9. Retention of Title
(1) For consumers, www.make.id retains the ownership of the sold goods (conditional goods) until full payment of the purchase price has been made. For businesses, www.make.id insist on full payment of all claims from the ongoing business relationship.
(2) The client is obliged to handle the goods carefully during the retention of title.
(3) During the retention of title the customer is obliged to permit a third party access of he goods to the seller - for example in case of seizure – and to inform the seller about any damage or destruction of the goods and to provide all information and documents that are required to protect the rights of the owner. Enforcement officers or third parties must be informed about the foreign ownership. The customer has to inform about a change in ownership of the goods as well as a change of residence.
(4) At a breach of contract by the customer - in particular default in payment or in case of breach of a duty under paragraph (2) and (3) of this provision - www.make.id is entitled to cancel the contract and reclaim the goods.
BASICALLY, In case of a failed payment we can reclaim the delivered items.
10. Warranty and Guarantee
(1) The mere presentation of each product on the website is to be seen as a pure service description and by no means as a guarantee for the quality of the products. Warranty statements by third parties, such as manufacturers' warranties, remain unaffected.
(2) In compliance with statutory provisions, the customer can only claim for subsequent fulfilment if the delivered goods are defective. The customer has the choice whether the subsequent fulfilment shall be performed either by repair or replacement. However, www.make.id remains entitled to refuse the type of fulfilment if it comes with disproportionate costs while the other type of remedy is without any significant disadvantages for the customer.
(3) The customer is not allowed to directly eliminate a present deficiency themselves or to have it removed by a third party (self-performance); possible incurred expenses will not be reimbursed.
(4) If the subsequent performance fails, the customer may, at his/her discretion according to legal provisions, reduce the remuneration (reduction), cancel the contract (withdrawal), demand compensation or get the incurred expenses reimbursed. If the customer demands a compensation claims futile expenses, the liability restrictions of section 9 of these Terms and Conditions will apply.
(5) The limitation period for the rights of the client due to defects of the purchased goods amounts to two years from delivery of the goods for consumers and for businesses to one year from the date of delivery. Related limitation facilitation to these deadlines do not apply unless www.make.id is liable under section 9 of these Terms or it refers to the real right of a third party, due to which the surrender of the delivery item may be required.
BASICALLY, In case we've accidentally sent you a defected item, we will exchange it. But not when you damage it yourself.
(1) Due to legal requirements www.make.id is fully liable for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty by it, its legal representatives or its assistants and other damages, based on an intentional or grossly negligent breach of duty and fraudulent intent by it, its legal representatives or agents. Moreover www.make.id is fully liable for damages that are covered by the liability according to binding legal provisions, such as the German Product Liability Act.
(2) www.make.id is liable for damages caused by simple negligence, insofar as the negligence concerns the breach of contractual obligations, where the fulfillment of the purpose of the contract is of particular importance (cardinal obligations); while the liability is limited to foreseeable, typical, direct average damage.
(3) In case of slightly negligent violations of minor contractual obligations www.make.id shall not be liable towards businesses; towards consumers, the liability in these cases is limited to the foreseeable, typical, direct average damage.
(4) Any further liability - irrespective of the legal nature of the asserted claim - is excluded.
BASICALLY, We are not liable for anything you do with our products.
12. Final Provisions
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law is valid only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(3) If any provisions of the contract with the client, including these terms and conditions, be wholly or partially invalid or if the agreements contain a gap, this shall not affect the validity of the remaining provisions. In such cases the parties undertake to replace the totally or partially ineffective provision by an effective provision, whose economic success comes closest to the ineffective provision.
(4) The place of jurisdiction for all disputes arising from this contract is Hamburg.
BASICALLY, Any legal matters may be handled based on German law.
These Terms of Service are effective as of August 01, 2017.