for the online shop at the URL
operated by
mkm International GmbH
Boschstr. 16
47533 Kleve
E-Mail: info@mkmThings.com
Phone: +49 2821 / 78699-82
- im Folgenden: Anbieter -
1. Scope
These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop at the aforementioned URL in their version valid at the time of the contract conclusion. These GTC apply exclusively. Deviating GTC of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation from the provider to the online shop visitors to submit an offer for the purchase of the goods offered in the shop.
2.2 The order of the goods is made via the provider's online order form. After selecting the desired goods, entering all required mandatory information, and completing all other compulsory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer for the purchase of the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or in text form (e.g. by email) (Order Confirmation) and this order confirmation is sent to the customer, or by delivering the ordered goods and these goods are received by the customer, or by requesting payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request is sent to the customer; the decisive moment for the conclusion of the contract is the moment when one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before the binding submission of the order via the provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or any other available input functions. Furthermore, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or any other available input functions.
2.4 The provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g. by email). There will be no further accessibility of the contract text provided by the provider. If the purchase is made through a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German
3. Right of Withdrawal for Consumers
Consumers have a right of withdrawal in the case of contracts concluded outside of business premises and in the case of distance selling contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or independent professional activity. Details can be found in the withdrawal information, which is made available to each consumer at the latest immediately before the conclusion of the contract via a link on the product page.
4. Payment, Default
4.1 The prices listed in the online shop at the time of ordering apply. All prices include the statutory value-added tax and, if applicable, the shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If "prepayment" is agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If "purchase on account/invoice purchase" is agreed, payment is due immediately after the conclusion of the contract, unless a different payment term is specified in the invoice or during the purchasing process.
4.4 If "SEPA Direct Debit" is agreed, payment is due immediately after the conclusion of the contract. Before the debit of the purchase price, the customer will be informed when to expect the debit of the agreed purchase price (Pre-Notification). The direct debit will not take place before the customer receives this Pre-Notification and not before the deadline specified in the Pre-Notification. If the direct debit fails due to insufficient funds, the provision of incorrect bank details, or for other reasons for which the customer is responsible, the customer will bear any applicable chargeback fees, provided that the customer is responsible for the failure of the direct debit.
4.5 If payment is agreed by credit or debit card, the purchase price is due immediately after the conclusion of the contract.
4.6 If payment is agreed via "PayPal", the purchase price is due immediately upon conclusion of the contract. The payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.7 If "Sofortüberweisung" is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.8 If Giropay is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the supplier until the full purchase price has been paid.
6. Delivery and Self-Supply Reservation
6.1 Subject to any differing agreements, delivery will take place within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Collection of the purchased goods is excluded.
6.3 If the supplier is unable to deliver the ordered goods because they themselves were not supplied without their own fault, despite having concluded a congruent covering transaction in a timely manner with a reliable supplier, the supplier is released from their obligation to perform and can withdraw from the contract. The supplier is obliged to inform the customer immediately about the impossibility of fulfilling the performance. Any counter-performances already provided by the contracting partner will be refunded to them without delay. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The statutory provisions on defects liability apply.
8. Liability and Indemnity
8.1 The provider is liable without limitation:
- for damages arising from the infringement of life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless another arrangement has been made in this regard;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, their liability is limited to the typical, foreseeable damage as per the contract, unless unlimited liability is stipulated in the preceding paragraph. Material contractual obligations are those duties imposed on the provider by the contract in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract and on which the customer is entitled to rely regularly.
8.3 Furthermore, the provider's liability as well as the liability of its agents and legal representatives is excluded.
8.4 The Customer indemnifies the Provider against any claims from third parties – including the costs of legal defence at their statutory level – that are asserted against the Provider due to unlawful or contractual actions of the Customer.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the legal data protection regulations. For more details, please refer to the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention, provided that this choice of law does not result in a consumer with a habitual residence in the EU being deprived of mandatory legal provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a public law special fund, the court at the provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company can be found in the heading of these terms and conditions.
10.3 Insofar as any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.
You can find our email address in the heading of these terms and conditions.