§ 1 Applicablilty, Customer Info
The following General Terms control the contractual relationship between Marketing KMU Individual Comapany and the consumer or trader, who purchases goods using our online shop. Contradictory terms or other terms which do not comply with our General Terms will not be accepted. The contract language is German.
§ 2 Conclusion of contract
The online offers serve as a noncommittal request for the customer to buy goods. After entering in your details and clicking the order button, you are entering a binding contract. You can also convey your binding order via telephone or fax. The prompt order confirmation via E-Mail or fax is not an acceptation of the offer to buy.
We are entitled to accept your order within 2 days by sending you an order confirmation via E-Mail or by sending out the goods. Should you not receive within this period, please regard your order as declined, which means, you are no longer bound to this offer. A telephonic contract materializes then, when your order is accepted immediately. You are also not bound to this contract should this not be accepted immediately.
Finally, in order to process this contract we weigh the probabilities of your future payment performance. In order for us to evaluate this, your address may be used.
§ 3 Customer Info: Storage of quotation text
The contract text with product information will be saved by us. The contract text is accessible via: My account
§ 4 Customer Info: Correction guidline
The order content is editable at any time before placing the order. You will be informed during the order process as to which data can be edited.
§ 5 Costs upon returning of goods
In the case of return, you as the customer have to carry the costs, if the delivered goods are the same as ordered.
§ 6 Property clause
We remain owners of the products until total claims owed are paid in full! This is also valid when singe or multiple claims are recorded on an invoice or are recognizable. Receipts are valid instead of the goods when successful resale takes place!
§ 7 Expiry of warrantee claims
Consumer warrantee for used goods
Your guarantee claims because of defects of used goods expires after one year after delivery of goods. Exceptions here are compensations, claims because of defects, which we fraudulently kept secret as well guarantee claims which we took over for the purchase of the matter. The lawful limitation applies to these excepted perils.
Your guarantee claims because of defects of used goods expires after one year after delivery of goods. Exceptions here are compensations, claims because of defects, which we fraudulently kept secret as well guarantee claims which we took over for the purchase of the matter. Furthermore the right of recourse according to § 478 BGB. The lawful limitation applies to these excepted perils
§ 8 Limitation of liability
We exclude the liability for negligent delinquencies, provided these are no contractual duties. This also applies to our agents and our legal agents. Providing you with the goods and giving you ownership of it, are typical duties which are stated in the contract. Furthermore we have to provide you with the goods free of defects and defects of title.
§ 9 Commercial place of jurisdiction
The only place of jurisdiction responsible for all cases proceeding out of this contract is our registered office, if you are a trader.
Right of withdrawal
Instructions on withdrawal for all EU-Countries
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Marketing KMU, Am Biengarten 37, 35447 Reiskrichen, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.