General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Warranty Claims (Guarantee)
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of MK Global Fashion Limited (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. To do this, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process. This constitutes a legally binding contract offer regarding the goods contained in the shopping cart.
2.3 The Seller can accept the Customer’s offer within five days by:
sending the Customer a written order confirmation or a confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify and correct possible input errors by carefully reading the information displayed on the screen. An effective means of detecting input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.5 The contract can only be concluded in German.
2.6 Order processing and communication are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment options will be communicated to the Customer in the Seller’s online shop.
4.3 If payment is agreed by bank transfer in advance, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller’s withdrawal policy applies in case of effective exercise of the right of withdrawal by the Customer.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or to an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller will make every reasonable effort to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already received will be refunded immediately.
5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the Seller’s stated business hours at the address stated by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller performs in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty Claims (Guarantee)
7.1 Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the Customer acts as a trader,
the Seller has the choice of the type of subsequent performance;
the limitation period for defects is one year from the delivery of the goods for new goods;
rights and claims for defects are excluded for used goods;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.3 The liability limitations and shortened limitation periods specified above do not apply
to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
for goods that have been used in accordance with their usual use for a building and have caused
its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 German Commercial Code (HGB), they are obliged to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.
7.6 If the Customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the Seller accordingly. If the Customer does not comply with this, it does not affect their statutory or contractual warranty claims.
8) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9) Alternative Dispute Resolution
9.1 The European Commission provides a platform for online dispute resolution (ODR) which can be found at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court dispute resolution regarding online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.