General Terms and Conditions of Sale of MKM GmbH for Online Trade
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to all contracts concluded via our online shop between us, MKM GmbH, Eckart 23, 83734 Hausham, represented by Matthias Kraupe, e-mail: email@example.com, HRA 257048 Amtsgericht München, USt-Identifikations-Nr. DE330926788 (hereinafter referred to as "supplier") and the customer. The GTC apply regardless of whether you are a consumer or an entrepreneur. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
(2) The version of the GTC valid at the time of the order shall apply in each case.
(3) Our GTC shall apply exclusively. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of contract and ordering process
(1) The Customer can select products, in particular the OMNIbar, from the Supplier's range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "order subject to payment", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German or English.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no deviating delivery time is stated for the respective goods in our online shop, it shall be 2-5 days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay in the order confirmation.
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Belgium, Denmark, Estonia, Finland, France, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden, Switzerland, Spain, Czech Republic, Hungary, Austria.
§ 4 Retention of title
Until full payment has been made, the goods delivered remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the supplier are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of revocation. From an order value of 30 EUR, the Supplier shall deliver to the Customer free of shipping costs.
(3) The goods are shipped by post. The shipping risk shall be borne by the Provider if the Customer is a consumer.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can pay by direct debit, credit card, PayPal, cash on delivery or on account. Payment on account is only possible for new customers for the first order up to an order value of 100 EUR.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects
The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on which the customer relies and may rely.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement as to the The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the supplier informs them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform MKM GmbH, Eckart 23, 83734 Hausham, represented by Matthias Kraupe 015121660490 firstname.lastname@example.org of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal 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.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
- End of the cancellation policy
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
(3) The supplier informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you wish to revoke the contract, please complete and return this form).
- To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable
§ 10 Final Provisions Online Dispute Resolution and Alternative Dispute Resolution
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr. Our e-mail address is: email@example.com
(4) We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).
last update: 09.09.2021