Here you find our terms and conditions in English translation. Because we are a german company, legally binding is the German version.
- All quotations, shipments and services are based on the following regulations and conditions. These apply also to all future business negotiations and transactions, even if not explicitly indicated. Deviations are only valid when they have been expressedly acknowledged in written by myself. Upon placing of the order these are considered as accepted. This exceeding, the respective BGB regulations are to be applied.
- The person ordering acknowledges the following conditions for sale by the placement of the order.
- Cancellation right: The contract can be cancelled within 14 days without specifying the reasons either in written (e.g. by letter, fax or e-mail), or – if the goods are already in the client’s possession within that period – by returning them. This cancellation period begins upon receipt of this information in written, but not before receipt of the goods at the payee (with serial shipments of the same kind of goods not before the receipt of the first partial shipment) and also not before the fulfillment of our information duties as per article 246 section 2ETC in conncection with § 1 Abs. 1 und 2 EGBGB as wll as our duties as per gemäß § 312e Abs. 1 Satz 1 BGB in connection with article 246 § 3 EGBGB. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder der Sache. In order to maintain the deadline it is sufficient to post the cancellation and/or the goods on time. Please direct your cancellation to :
mk publishing GmbH
Döllgaststraße 7 – 9, D – 86199 Augsburg, Germany
Fax 0821 3 44 57 19 or firstname.lastname@example.org
- Cancellation Consequences: In case of an effected cancellation the benefits received from both parties have to be granted back, eventually achieved benefits (such as interest) have to be returned. If case the benefit is not returned at all or only in part or in a bad state the client has to substitute the value. In case of the allocation of objects the above does not apply if the impairment of said object can be exclusively traced back to the possibility of an inspection, as can be made for example in a shop. The duty to substitute the value for an impairment caused by an appropriate use of the object can be avoided by not treating it as your property and to refrain from doing anything which might diminish ist value. Objects which can be sent by parcel are to be returned at our risk. You have to bear the cost of the return shipment when the goods shipped are in accordance with those ordered and when the price of the goods to be returned does not exceed the sum of 40 € with the exception of the case when the service has not yet been returned or a partial payment has not been effectuated according to the regulations of the sales contract at the time of the cancellation. Alternatively the return of the goods is free of charge. Goods that cannot be shipped in a parcel will be picked up at your premises. The duty to reimburse payments has to be fulfilled within 30 days. For you, the deadline begins with the posting of your cancellation or the goods in question, for us with the receipt thereof.
End of the Cancellation Information.
- In case you want to exercise your cancellation right I kindly ask you to inform me before the return takes place. Please do not return postage-free. In case of lawful claims I will re-imburse the return cost in advance.
- Belated payers will be charged with 10 % default interest after 4 weeks and an arrears fee of 3 Euro. The first dunning letter will be sent via e-mail, the second by letter. After that, a debt collecting agency will effectuate the legal debt collection. This can mean extra cost for the debtor.
- Until the payment is completely effectuated the goods remain the property of the dispatcher as per § 455 BGB.
4. Data protection
- All data with respect to persons are generally treated as per lawful regulations. The data required for the business transaction will be saved on my premises and will only be handed over to other service suppliers (collecting agency, police and law authorities, General Credit Protection Agency) in case of debts.
- Claims of the customer comply with the operations of law within the statutory periods, unless the following statutory rules state an exeption. Currently it is a period of two years as from the date of delivery.
- Defects that have been caused by improper actions or behaviour contrary of the contract by the customer at connecting, operating or storing do not justify a claim. Inappropriate behaviour and infringement of contract are defined by the specification of the producer in particular.
- If the customer is an entrepreneur and the ordered goods and services have been for his business, the right to claim defects fall under the statue of limitations of a period of one year as from the date of delivery.
- Should one or more of the above regulations become unvalid the validity of the other regulations remains undisturbed. Any exception to the rules are to be agreed upon in written form.
- In place of the invalid or missing regulations the respective regulation laid down by law will become operative.