General Terms and Conditions of MKW Lasersystem GmbH
1. Scope, Definitions
(1) For the business relationship between the webshopprovider (hereinafter “provider”) and the customer(hereinafter “customer”), the following general terms andconditions in the version valid at the time of the ordershall apply exclusively. Deviating conditions of thecustomer are not recognised unless the providerexpressly agrees to their validity in writing.
(2) The customer is a consumer, as far as the purpose of theordered deliveries and services predominantly cannot beattributed to his commercial or independent professionalactivity. By contrast, an entrepreneur is any natural orlegal person or partnership with legal capacity who, whenconcluding the contract, acts in the exercise of hiscommercial or self-employed professional activity.
(3) The contractual partner for all orders within the scopeof this online contract is MKW Lasersystem GmbH, Landstraße 67, 76547 Sinzheim (hereinafter “Provider”).
2. Conclusion of contract
(1) The customer can select products from the supplier’srange and collect them in a so-called shopping basket byclicking on the “Add to shopping basket” button. Byclicking on the button “order for a fee” he submits abinding application to purchase the goods in the shoppingbasket. Before sending the order, the customer canchange and view the data at any time. However, theapplication can only be submitted and transmitted if thecustomer has accepted these terms and conditions byclicking on the “Accept General Terms and Conditions” button and has thus included them in his application.
(2) The provider then sends the customer an automaticacknowledgement of receipt by
e-mail in which the customer’s order is listed again andwhich the customer can print out using the “Print” function. The automatic acknowledgement of receiptmerely documents that the customer’s order has beenreceived by the provider and does not constitute anacceptance of the request. The contract is only concludedupon the declaration of acceptance by the provider, whichis sent by a separate e-mail (order confirmation).
3. Delivery, availability of goods
(1) If no other delivery periods are specified, the deliveryperiod is up to 7 days from order confirmation.
(2) If no copies of the product selected by the customer areavailable at the time of the order, the supplier will informthe customer of this immediately in the orderconfirmation. If the product is permanently not available, the supplier refrains from a declaration of acceptance. Acontract is not concluded in this case.
(3) If the product designated by the customer in the orderis only temporarily not available, the supplier informs thecustomer of this immediately in the order confirmation. Inthe event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. Moreover, in this case the provider is also entitled towithdraw from the contract. In this case he willimmediately reimburse any payments already made bythe customer
4. Retention of title
The delivered goods remain the property of the supplieruntil full payment has been made.
5. Prices and shipping costs
(1) The purchase prices stated on the website of the provider include the statutory value added tax (sales tax). The prices apply from Sinzheim plus the following packaging and shipping costs per order:
- Within Germany EUR 5.00
- Within European countries EUR 10,00
- Rest of the world EUR 15,00
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal.
(3) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.
(4) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.
6. Payment arrangements
(1) The customer can make the payment by prepayment or Paypal.
(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 of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
7. Warranty, guarantee
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff BGB. Compared with entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.
8. Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9. Cancellation policy
If the customer is a consumer, he is entitled to the following right of withdrawal.
Withdrawal
You have the right to withdraw from 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 last goods.
To exercise your right of withdrawal, you must contact us:
MKW Lasersystem GmbH
Landstraße 67
76547 Sinzheim/Baden-Baden/Germany
Phone: +49 7221-98 83 91
Fax: +49 7221 98 83 93
E-Mail: mkw@mkw-laser.de
by means of a clear statement (such as a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation 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 cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. 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 the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract, MKW Lasersystem GmbH, Landstraße 67, 76547 Sizheim or transfer. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.
***End of revocation***
10. Other information
The above right of withdrawal does not apply
in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer.
11. Contract language
The contract language is German.
12. Contract Text Storage
The contract text is not stored by the provider. The customer can secure this by securing the offer via the printing function of the provider or his browser by printing out. A saving of the contract text in a reproducible form must be initiated by the customer himself (for example by screenshots of the respective offer or conversion of the contract text in pdf format).
13. Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He observes in particular the regulations of the Federal Data Protection Act and Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
(3) The customer has the opportunity at any time to retrieve the data stored by him under the button “my data” in his profile, to change or delete it. Incidentally, with regard to the customer’s consent and further information on data collection, processing and use referenced on the privacy policy, which can be accessed on the website of the provider at any time via the button “Privacy” in printable form.
14. Obligation to note according to the battery law
In some of the products sold by us, e.g. Watches, batteries are also included. Batteries must not be disposed of with household waste, whereupon the symbol of the “crossed out waste container”
points to the batteries. Customers are legally obliged as end users to return all used batteries and rechargeable batteries, e.g. at public collection points or where batteries are sold. Batteries may be labeled with the chemical symbols of the metals, these signs have the following meaning:
“Cd = battery contains cadmium”,
“Hg = battery contains mercury”,
“Pb = battery contains lead.
Used batteries can also be returned to MKW Lasersystem GmbH, Landstraße 67, 76547 Sinzheim.
15. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between providers and customers under exclusion of the UN Sales Convention. In the case of orders from foreign consumers, compulsory regulations or the protection afforded by judicial law of the respective country of residence remain valid and apply accordingly.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Location of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts.
16. Information about online dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform serves as a point of contact for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The customer can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/
17. Provider identification, address capable of being charged
The viable address of the provider is:
MKW Lasersystem GmbH
Landstraße 67
76547 Sinzheim/Baden-Baden/Germany
Phone: +49 7221-98 83 91
Fax: +49 7221 98 83 93
E-Mail: mkw@mkw-laser.de[/vc_column_text][/vc_column][/vc_row]
Model withdrawal form
If you wish to cancel the contract, please fill out this formand send it to us.
Adress:
MKW Lasersystem GmbH
Landstraße 67
76547 Sinzheim/Baden-Baden/Germany
Phone: +49 7221-98 83 91
Fax: +49 7221 98 83 93
E-Mail: mkw@mkw-laser.de
Content:
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /the provision of the following service (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Ordered on (*) / received on (*)
- Signature of the consumer(s) (*) (only if communicatedon paper)
- Date
(*) delete as applicable