Terms of service

for the online shop under the URL

https://shop.mk-logic.de

operated by

MK Logic GmbH

Hauptmarkt 9/10

08056 Zwickau

E-Mail: info@mk-logic.de

Phone number: +49 (0)375 39098696

• hereinafter referred to as: Provider -

1. Scope of Application

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts for the purchase of goods, services, or other items (hereinafter “Goods”) in the online shop under the above-mentioned URL in the version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions 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 represent a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is placed via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory 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 to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs either by the Provider confirming the conclusion of the contract in written or text form (e.g., by email) and the order confirmation being received by the customer, or by delivering the ordered goods and the goods being 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 being received by the customer. The relevant time of contract conclusion is the moment in which one of the alternatives mentioned above first occurs.

2.3 Before submitting a binding order via the Provider’s online order form, the customer can review their entries and correct them at any time using the standard keyboard, mouse, touch, or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the same input functions.

2.4 The Provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g., by email). Beyond this, the Provider will not make the contract text accessible. If the purchase is made via a customer account in the online shop, the customer can view their orders and related order data there.

2.5 The following languages are available for concluding the contract: German, English.

3. Right of Withdrawal for Consumers

Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are not related to their commercial or self-employed professional activity. Details can be found in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order shall apply. All prices include statutory VAT and, where applicable, additional shipping costs. The available payment methods will be communicated to the customer in the Provider’s online shop.

4.2 If “purchase on account” is agreed, payment is due immediately upon conclusion of the contract, unless another payment term is specified in the invoice or during the purchase process.

5. Prices and Delivery

The stated prices are final prices in EURO and include statutory VAT. Shipping costs are charged separately. They will be displayed prior to the order.

For deliveries to EU countries outside Germany, we deliver without charging VAT upon proof of a valid VAT identification number. For deliveries to non-EU countries, the customer is responsible for proper customs clearance and taxation of the goods and must declare the goods to their competent tax authorities in accordance with the applicable legal provisions.

Delivery takes place within the delivery times indicated in the product information. The stated delivery times are non-binding unless binding delivery has been expressly assured.

6. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price has been made.

7. Delivery and Reservation of Self-Supply

7.1 Unless otherwise agreed, delivery will be made within the delivery time indicated in the online shop to the delivery address specified by the customer. Applicable delivery times can be found in the online shop.

7.2 For freight forwarding deliveries, delivery will, unless otherwise agreed, be made “free curbside.” This means delivery to the nearest public curbside at the delivery address specified.

7.3 Self-collection of purchased goods is excluded.

7.4 If the Provider cannot deliver the ordered goods because they were not supplied by their supplier without fault, despite a timely congruent hedging transaction with a reliable supplier, the Provider shall be released from their obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the customer will be refunded without delay. Mandatory consumer rights remain unaffected by this clause.

8. Defects and Transport Damage

If the purchase constitutes a commercial transaction for both parties, the buyer must examine the goods immediately after delivery in the ordinary course of business and notify any defects or deviations without undue delay. If such a defect becomes apparent later, the notification must also be made without undue delay after discovery. “Without undue delay” means without culpable hesitation and generally refers to a period of 5 working days, but in any case not more than 14 days.

If the buyer fails to provide timely notification of a defect, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection.

Externally visible transport damage must also be reported immediately to the transport company upon delivery.

If the customer is a consumer, failure to provide the above notification does not affect their statutory warranty rights or statutory right of withdrawal.

9. Drop Shipping

We offer retailers and resellers of our goods the option of shipping orders directly to their end customers by way of drop shipping.

If the customer in this case exercises a statutory right of withdrawal or return – e.g., under distance selling law – we offer the possibility for the end customer to return the goods directly to us. The contractual partner of the end customer – i.e., the retailer or reseller – must bear or reimburse us for the return costs, plus a handling fee as per the current price list.

The retailer or reseller is also obliged to pay us appropriate compensation for the value of the returned goods, which we set at a flat rate of 20% of the purchase price. The retailer or reseller may prove a lower depreciation. We reserve the right to claim higher depreciation if this is justified by the condition of the returned goods.

10. Warranty

Warranty claims are governed by statutory provisions. The warranty period for the sale of new goods is limited to one year.

For defective goods, we will remedy the defect by repair or replacement delivery. If a replacement delivery is made, the initially delivered goods must be returned to us without undue delay. If the repair fails, the customer may, at their choice, reduce the purchase price or withdraw from the contract.

A defect does not exist if the goods were free of defects at the time of transfer to the customer and do not deviate from the contractually agreed quality or warranted characteristics. A defect also does not exist in the case of errors resulting from incorrect operation, application, or installation by the customer or third parties commissioned by the customer, or if the goods are not used or operated in accordance with the manufacturer’s specified environment.

If defect claims are asserted without justification, and this was obviously recognizable to the customer, we reserve the right to charge a reasonable processing fee of up to €50. The customer may prove that a lower processing effort has occurred.

11. Liability and Indemnification

11.1 The Provider is liable without limitation:

• for damages resulting from injury to life, body, or health caused by 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 intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• based on a guarantee promise, unless otherwise stipulated;
• due to mandatory liability (e.g., under the Product Liability Act).

11.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage under the contract, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content for the achievement of the contract’s purpose, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer regularly relies.

11.3 Otherwise, the Provider’s liability, as well as the liability of its vicarious agents and legal representatives, is excluded.

11.4 The customer indemnifies the Provider against any third-party claims – including legal defense costs at the statutory rate – asserted against the Provider due to unlawful or contractual violations by the customer.

12. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For more details, please refer to the Provider’s privacy policy.

13. Final Provisions

13.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.

13.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The registered office of our company is stated in the heading of these GTC.

13.3 If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall not be affected.

14. Information on Online Dispute Resolution / Consumer Dispute Resolution

The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.

Would you like me to make this more legally polished in English (like a native lawyer would draft it), or should it remain a direct but precise translation of the German original?