1.1 All offers, deliveries and services shall be made exclusively on the basis of these Terms and Conditions. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. Deviations shall only apply if they have been expressly acknowledged by me in writing. With the placing of the order these are considered as accepted. In addition, the relevant provisions of the BGB shall apply.
1.2 With his order, the customer expressly accepts the following terms of delivery.
2. revocation instruction
2.1 Right of revocation: You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons. You can use the attached sample withdrawal form, which is not mandatory. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:
mk Medienmanufaktur GmbH
Döllgaststraße 7 – 9, D – 86199 Augsburg
Fax +49821 3 44 57 19 oder firstname.lastname@example.org
2.2 Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as your property and refrain from doing anything that would reduce their value. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 14 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
End of the cancellation policy
2.3 If you wish to exercise your right of withdrawal, please notify me before returning the goods. Please do not send me the goods freight collect. In case of legally justified claims, I will refund the return costs in advance.
3. Default of payment
3.1 Late payers will be charged 10% interest after 4 weeks and a reminder fee of 3 EURO. The 1st reminder will be sent by e-mail, the 2nd reminder by letter, after that a collection agency will take over the judicial collection. This may result in further costs for the debtor.
3.2 Until full payment the goods remain the property of the sender according to § 455 BGB.
4. Data protection
4.1 All personal data will be treated according to the legal regulations. The data necessary for the business transaction will be stored in my house and only in case of debtor will be passed on to other service companies (collection agency, Schufa, police and judicial authorities).
5.1 The claims of the customer in case of defects are governed by the statutory provisions within the statutory periods, unless deviations arise from the following provisions. The statutory warranty period is currently two years.
5.2 Damage caused by improper measures or measures contrary to the contract on the part of the customer, during connection, operation or storage, shall not constitute grounds for a warranty claim. The impropriety and lack of conformity shall be determined in particular by the manufacturer’s specifications.
5.3 If the customer is an entrepreneur and the ordered service is provided for his commercial enterprise, his claims for defects shall become statute-barred one year after receipt of the goods.
6. Severability clause
6.1 Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. Any deviating provisions shall be expressly agreed in writing.
6.2 The invalid or missing provisions shall be replaced by the respective statutory provisions.