General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "AGB") of CMK Tonerstore GmbH (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods and/or services displayed by the Seller in their 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 terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
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 and/or services in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process. Alternatively, the Customer can also submit the offer by email or by telephone to the Seller.
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 email), whereby the receipt of the order confirmation by the Customer is authoritative, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is authoritative, or
- requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives are available, the contract is concluded 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 with the expiry 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 result that the Customer is no longer bound by their declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g., email, fax or letter) after the Customer has sent their order, along with these terms and conditions. In addition, the contract text is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account by providing the corresponding login information, provided that the Customer has created a customer account in the Seller's online shop before sending their order.
2.6 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 technical means for better recognition of input errors can be the browser's zoom function, which allows the screen display to be enlarged. 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 contract conclusion is available exclusively in the German language.
2.8 The order processing and communication take place primarily via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that they can receive emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or 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 Further information on 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, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise will be indicated separately 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 are to be borne by the customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of funds 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 specified in the Seller's online shop at the beginning of the ordering process.
4.4 If payment in advance has been agreed, payment is due immediately after the conclusion of the contract.
4.5 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account that has been activated for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be carried out immediately thereafter by "SOFORT," and the customer's bank account will be debited. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.
4.6 If the payment method invoice purchase is selected, the purchase price becomes due and payable 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 14 (fourteen) days from the invoice date, unless otherwise agreed. The invoice purchase payment method is subject to a successful credit check by Klarna AB. If the customer is granted the invoice purchase payment method after the credit check, payment processing will be carried out in cooperation with Klarna AB, to whom the seller assigns their payment claim. In this case, the customer can only make payment to Klarna AB with debt-discharging effect. In all other respects, the general terms and conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the invoice purchase 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 such payment restrictions in their payment information in the online shop.
4.7 If the payment method credit card via Stripe is selected, the invoice amount becomes due and payable immediately upon conclusion of the contract. The payment processing is carried out by 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 carry out a credit check and to reject this payment method in case of a negative credit check.
4.8 If the payment method Klarna invoice purchase or Klarna installment purchase is selected, the payment processing is carried out by Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information on Klarna invoice purchase and installment purchase, as well as the terms and conditions of Klarna, can be found in the payment information of the seller, which can be viewed at the following internet address:
5) Delivery and Shipping Conditions
5.1 The goods are delivered to the customer's specified delivery address, unless otherwise agreed. The delivery address provided by the customer during the ordering process of the seller is decisive for the transaction.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service in a reasonable time in advance. This also applies to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. The provisions made in the seller's cancellation policy regarding the return costs apply if the customer effectively exercises their right of withdrawal.
5.3 In the case of self-collection, the seller informs the customer by email that the ordered goods are ready for pickup. After receiving this email, the customer can pick up the goods at the seller's location by arrangement with the seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the seller makes a prepayment, they reserve ownership of the delivered goods until the full payment of the purchase price owed, including all associated costs and expenses.
7.1 Unless otherwise stated in the following provisions, the statutory warranty regulations apply. However, for contracts for the delivery of goods, the following provisions shall apply:
7.2 If the customer is acting as a business entity:
- The seller has the choice of the type of subsequent performance.
- For new goods, the statute of limitations for warranty claims is one year from the delivery of the goods.
- For used goods, warranty rights and claims are excluded.
- The statute of limitations does not restart if a replacement delivery is made as part of the warranty liability.
7.3 The liability limitations and reduction of the limitation period as stated above shall 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 purpose 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 business entities, the statutory limitation periods for any existing legal recourse claims remain unaffected.
7.5 If the customer is a consumer, they are requested to report any obvious transport damages to the shipping provider and to inform the seller accordingly. Failure to comply with this requirement will not affect the customer's statutory or contractual warranty claims.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued by the seller as part of promotional campaigns with a specified validity period, which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online store and only during the specified promotional period.
8.2 Certain products may be excluded from the voucher promotion if such a restriction is indicated in the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Retroactive offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance 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 will not be paid out in cash or bear 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. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.
9) Applicable Law
9.1 If the customer acts as a businessperson within the meaning of section 1.2, the laws of the country in which the seller has its registered office shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered office.
9.2 If the customer acts as a consumer within the meaning of section 1.2, the laws of the country in which the customer has their habitual residence shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.
9.3 Furthermore, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.
10) Code of Conduct
- The seller has subjected itself to the Trusted Shops quality criteria, which can be viewed on the internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
11) Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.