Terms of service
Terms and Conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur 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.
These terms and conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with MLC-direct GmbH. Further information about us can be found on our website, including the contact details of our customer service department.
By placing the products in the online shop, we are making an offer to submit a purchase offer for these items. You can initially place our products in your shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you are submitting a binding offer to purchase the goods contained in the shopping basket. You will receive a confirmation email immediately after submitting your order. The contract is accepted on our part by means of an order confirmation or by dispatching the goods.
We reserve the right to reject your offer or to contest concluded contracts in cases where delivery is not possible due to errors in the goods management system or for other reasons.
3. Contract language
The language available for the conclusion of the contract is German.
4. Delivery conditions
In addition to the product prices quoted, shipping costs will be incurred unless free shipping is indicated in the shop. You can find more detailed information on any shipping costs that may be incurred in the offers; they are also displayed during the ordering process.
We only deliver by post. It is not possible to collect the goods yourself.
5. Prices and payment
All prices, including those in these General Terms and Conditions, are gross prices including the statutory VAT applicable in Germany.
The following payment methods are generally available in our shop:
Credit card
When you place your order, you also provide us with your credit card details.
After you have been verified as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
Klarna Purchase on account / Instalment purchase / Immediate
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case.
The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract.
Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
Invoice: The payment period is 14 days from dispatch of the goods or, in the case of other services, from the provision of the service.
Hire purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least £6.95) or under the conditions otherwise specified at checkout. The instalment payment is due at the end of the month after Klarna has sent a monthly invoice.
Sofort: Your account will be debited immediately after placing your order.
When paying with Google or Apple Pay, you can initiate the payment transaction via your smartphone or wearable device.
Google Pay
To pay with Google Pay, you must be registered with Google Pay. After selecting Google Pay as your payment method, please enter your login details and confirm the payment with one of your stored payment methods (credit card or debit card). The transaction will be carried out immediately after the order is placed. The payment details you have stored with Google Pay will not be transferred to us.
Apple Pay
To pay with Apple Pay, you must be registered with Apple and have activated the ‘Apple Pay’ function. After selecting the payment method, please enter your Apple account login details to verify your identity. Then confirm the payment instruction for payment to us using one of your stored payment methods (credit card or debit card). The payment will be processed immediately after the order is placed.
6. Retention of title
The following applies to consumers:
For consumers, we retain ownership of the purchased item until the invoice amount has been paid in full.
The following also applies to entrepreneurs:
If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
As an entrepreneur, you are only entitled to offset claims if your counterclaims have been legally established or are undisputed or recognised by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
If you are in default of any payment obligations to us, all existing claims shall become due immediately. If the realisable value of the existing securities exceeds the secured claims by a total of 10 (ten) per cent, we shall be obliged, at your request, to release securities of our choice to this extent.
7. Transport and transport damage
We only deliver by shipping. It is not possible to collect the goods yourself.
Delivery to packing stations in Germany is possible.
The following applies to transport damage:
If you are a consumer:
If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.
If you are a business:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
We are liable for delivered goods in accordance with the statutory provisions with the following restrictions. If goods delivered by us are defective, we shall, at our discretion, deliver a replacement or repair the goods within a reasonable period of time. If the subsequent performance ultimately fails, which is presumed after two attempts at subsequent performance, we shall, at the customer's request, refund the purchase price against return of the goods or reduce the purchase price appropriately.
The statutory warranty periods apply from the date of receipt of the goods by the customer.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out to the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines – even vis-à-vis entrepreneurs – do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of an intentional or grossly negligent breach of duty and in the event of fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on which the customer relies. bodily injury or damage to health in the event of intentional or grossly negligent breach of duty, as well as malice in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligations), within the framework of a guarantee promise, insofar as a guarantee has been agreed; the restrictions also do not apply if the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: The contact details and hours of customer service can be found on our website.
9. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of a guarantee promise, if agreed, or if the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (so-called cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Consumer dispute resolution / universal arbitration board
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11. Right of withdrawal
As a consumer, you have a statutory right of withdrawal. Details and the withdrawal policy can be found on our subpage Right of withdrawal.
12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual provisions of the contract, including this provision, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
MLC-direct Ltd., 15 April 2024