Terms & Conditions

Table of Contents

  1. Scope
  2. Contract Conclusion
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Redemption of Promotional Vouchers
  9. Applicable Law
  10. Code of Conduct
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of CMK Tonerstore GmbH (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent 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, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Contract Conclusion

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of 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. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or telephone.

2.3 The Seller can accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has submitted their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer together with these GTC in text form (e.g. e-mail, fax or letter) after sending their order. Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login data, provided that the Customer has created a customer account in the Seller's online shop before submitting their order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, 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 concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information about the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are separately specified in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The Customer has various payment options available, which are indicated in the Seller's online shop at the beginning of the ordering process.

4.4 If advance payment is agreed, payment is due immediately after the conclusion of the contract.

4.5 When selecting a payment method offered through the payment service "Klarna", the payment is processed through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and Klarna's terms can be viewed here:

https://www.tonerstore.at/de/content/11-versand-zahlung

4.6 When selecting the payment method "Amazon Payments", the payment is processed through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung.

4.7 When selecting the payment method invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the invoice payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right to conduct a credit check when selecting the invoice payment method and to reject this payment method in the event of a negative credit check.

4.8 When selecting the payment method invoice via Billie, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to Billie GmbH, Charlottenstraße 4, 10969 Berlin, within the payment period specified on the invoice without deduction. The invoice payment via Billie is only available to entrepreneurs and requires a successful credit check by Billie GmbH. If the Customer is permitted to pay by invoice after a credit check, the payment is processed in cooperation with Billie GmbH, to whom the Seller assigns its payment claim. In this case, the Customer can only make payment to Billie GmbH with debt-discharging effect. The Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, dispatch, returns, complaints, or credit notes, even if the invoice payment method via Billie is selected. In addition, the General Terms and Conditions of Billie GmbH (https://www.billie.io/agb) apply in this respect. The Seller reserves the right to offer the invoice payment method only from and up to a certain order volume and to reject this payment method if the specified order volume is undercut or exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

4.9 When selecting the payment method invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The payment method invoice requires a successful credit check by Klarna AB. If the Customer is permitted to pay by invoice after the credit check, the payment is processed in cooperation with Klarna AB, to whom the Seller assigns its payment claim. In this case, the Customer can only make payment to Klarna AB with debt-discharging effect. In addition, the General Terms and Conditions of Klarna AB apply in this respect, which the Customer can access during the ordering process. The Seller reserves the right to offer the invoice payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

4.10 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipping. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the forward shipping if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer effectively exercises their right of withdrawal, the provision made in the Seller's cancellation policy applies.

5.3 In the case of self-collection, the Seller first informs the Customer by e-mail that the goods ordered by them are ready for collection. After receiving this e-mail, the Customer can collect the goods from the Seller's premises by arrangement with the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payment, the Seller retains ownership of the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defect rights is one year from delivery of the goods;
  • for used goods, the defect rights are excluded;
  • the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above liability limitations and shortened periods 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 for a building in accordance with their usual use 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.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the contract is a business-related transaction for both parties within the meaning of § 343 Para. 2 AT-UGB, the Customer is subject to the commercial duty of inspection and notification of defects in accordance with § 377 AT-UGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damages and to inform the Seller of this. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified promotional period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is intended for use only by the person named on it. The transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Applicable Law

9.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

10) Code of Conduct

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.