I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (MK Handels GmbH) via the website www.mk-angelsport.de or www.cm-baitboats.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding offer to purchase (order) via the online shopping basket system.
In doing so, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use the instant payment system "PayPal" or "Pay with Amazon" by clicking the corresponding button integrated in the shop system, you will be redirected to the log-in page of PayPal or Amazon. After you have successfully logged in, your address and account data stored with PayPal or Amazon will be displayed. By clicking the "Continue" button, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the possibility to check all details again, to change them (also via the "back" function of the internet browser) or to cancel the purchase.
By sending the order via the "order subject to payment" button, you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Data protection notice
You can find the data protection notice here.
Likewise, your personal data name and address will be passed on to the transport company for the delivery of your goods.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are liable neither for the constant nor uninterrupted availability of the website and the service offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
MK Handels GmbH
VAT ID No.: DE260320436
Register court: Traunstein Local Court
Commercial register number: HRB 24935
Tel.: ++49 (0) 86 31 - 984 9510
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by email.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically. 4.
4. essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the item description and the supplementary information on our website.
5 Prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If parcels cannot be delivered and are also not collected from the post office, then additional return and renewed shipping costs will be incurred.
7. statutory liability for defects
7.1 The statutory rights of liability for defects apply.
7.2 As a consumer, you are requested to check the goods / packaging immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
Last update: 2.3.2016
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).
Cancellation policy - right of withdrawal
You have the right to cancel 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, have taken or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
In order to exercise your right of withdrawal, you must inform us (MK Handels GmbH, Miesing 21, 84494 Niederbergkirchen, e-mail: firstname.lastname@example.org, Tel.: 08635 - 6939940) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal 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 revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
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 or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
The costs for goods that cannot be sent as a parcel are estimated at a maximum of about 39.00 EUR (e.g.: XXL parcels with a girth of more than 3m or a volume greater than 200 litres).
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
The right of withdrawal shall expire prematurely in the case of contracts for the
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;