Terms and conditions
General Terms and Conditions
The following GTC shall apply to all orders placed by consumers and businesses via our online shop.
A consumer is any natural person, who concludes a legal transaction for purposes that can be primarily attributed to neither their commercial nor their self-employed professional activity. A business is a natural person or legal entity or partnership with legal capacity, acting in exercise of their commercial or self-employed professional activity when concluding a legal transaction.
The following applies in relation to businesses: If the business uses contrary or supplementing terms and conditions, it is hereby objected to their applicability. They will only become a part of the contract if we have expressly agreed to them.
2. Parties to the contract, conclusion
2. Parties to the contract, conclusion of the contract, possibility to make corrections
The purchase contract will be effectively concluded with mk-messtechnik GmbH.
By placing the products to the online shop, we make a binding offer to conclude the contract for these products. You can initially put our products into the shopping cart without commitment and correct your input at any time before submitting your binding order by using the assistance for correction, which is provided and explained for this purpose in the course of the ordering process. The contract will be concluded by your acceptance of the offer for the products contained in the shopping cart when you click the order button. Directly after sending the order, you will receive a further confirmation by email.
3. Contract language, storing of the contract text
The following language(s) is (are) available for the conclusion of the contract: German
We will store the text of the contract and send you the order data and our GTC in text form. You can read the contract text by logging into your customer account on our website.
4. Terms of delivery
In addition to the indicated product prices, shipping costs will be incurred. You can find out more details about the amount of the shipping costs in the offers.
You generally have the opportunity to collect the orders from Dirk Pfahl, Hofmauerstr. 25, 71263 Weil der Stadt - Merklingen, Germany during the following business hours: by arrangement.
You generally have the following payment methods available at our shop:
If advance payment is chosen as the payment method, we will inform you of our bank details in a separate email and deliver the product (transmission of the video link) after the receipt of payment.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"),
you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. PayPal may offer additional payment modalities in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Cash payment on collection
You will pay the invoice amount in cash on collection.
6. Right of revocation
Consumers have the statutory right of revocation as described in the instruction on the right of revocation. Businesses shall not be granted a voluntary right of revocation.
7. Reservation of title
Products shall remain our property up until the complete payment.
The following additionally applies to businesses: We reserve the title to the products up until the complete settlement of all claims arising from an ongoing business relationship. You may resell the products subject to the reservation of title in the ordinary course of business; you shall assign all receivables from such a resale in the amount of the invoice to us in advance – regardless of whether they result from a combination or mixing of the products subject to the reservation of title with a new item – and we hereby accept this assignment. You shall remain authorised to collect the receivables, whereas we may also collect the receivables ourselves if you do not fulfil your payment obligations. We shall release the securities in our entitlement on your request to the extent that the realisable value of the securities exceeds the value of the outstanding receivables by more than 10%.
8. Transport damages
The following applies to consumers: If products are delivered with obvious transport damages, please immediately report such defects to the deliverer if possible and please contact us without delay. Failure to make such a report or failure to contact us will not have any consequences on your statutory claims and their enforcement, in particular not on your warranty rights. Instead, you will help us assert our own claims against the carrier or the transport insurance.
The following applies to businesses: The risk of accidental loss and accidental deterioration transfers to you, as soon as we have delivered the item to the carrier, freight forwarder or other person or entity designated for the execution of the shipment.
9. Warranty and guarantees
9.1 Warranty right
Unless expressly agreed otherwise, the statutory warranty right applies.
The following limitations and reductions of time limits do not apply to claims based on damages, which have been caused by us or our legal representative or vicarious agents
- in the event of injury to life, body or health;
- in the event of intentional or gross negligent breach of duty and fraudulent intent;
- in the case of a breach of essential contractual duties, the fulfilment of which enables the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely (cardinal duties);
- within the scope of a promise of guarantee, where agreed; or
- to the extent that the scope of the Product Liability Act applies.
Limitations in relation to businesses
Solely our own statements and the manufacturer’s product descriptions, which have been made part of the contract, shall apply as agreements on the properties and condition of the products in relation to businesses; we do not accept any liability for public statements by the manufacturer or other promotional statements. For businesses, the limitation period for defects shall be one year from the transfer of risk in the case of newly manufactured products.
The statutory limitation periods for claims of recourse pursuant to Sec. 445a BGB remain unaffected.
Applicable provisions in relation to merchants
The duty to inspect and notify of defects as stipulated under Sec. 377 HGBB applies among merchants. If you fail to give notice as prescribed therein, the products will be deemed approved, unless it is a defect that was not detectable in the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
You can find information on additional guarantees potentially applicable and their exact terms in the product listing and on separate information pages of the online shop.
Customer service: You can reach our customer service in case of questions, complaints and objections every workday from 9:00 AM to 12:00 PM at the phone number +49 (0)7021/92807-53 and by email at FLM@mk-messtechnik.de.
We have unlimited liability for claims based on damages caused by us, our legal representative or vicarious agents in all cases
- of injury to life, body or health;
- of intentional or gross negligent breach of duty;
- of promises of guarantee, where agreed; or
- in the case of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the case of a breach of essential contractual duties, the fulfilment of which enables the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely (cardinal duties), through simple negligence by us, our legal representative or vicarious agents shall be limited to the damage predictable on the conclusion of the contract, the causation of which had to be typically expected.
For the rest, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found here. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer mediation office.
12. Final provisions
If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the definition of the German Commercial Code, a legal entity of public law or a public-law investment fund, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between you and us is the place of our registered office.
GTC created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Attorneys at Law.