Terms and conditions

The General Terms and Conditions (T&C) regulate the contractual relationship between you, the customer, and the mkfactory, represented by its owner, Mr. Michael Köhler, Am Mühlenberg 11, 14476 Potsdam/Golm, Germany. All deliveries and services provided by mkfactory to the customer are carried out exclusively on the basis of the following General Terms and Conditions.
Exceptions only apply if they have been put down in writing by mkfactory and the customer.

1. Conclusion of Contract
(1) The offers published on the internet by mkfactory represent a non-binding invitation to the customer to order goods in the online shop or to commission the listed services.
(2) By ordering the desired goods or services on the internet, the customer issues a binding offer for the conclusion of a contract.
(3) The company mkfactory is authorised to accept this offer within three calendar days by sending an order acknowledgement. Where the three day deadline has passed without any action being taken, the offer is considered rejected.

2. Delivery and Reservation of Delivery
All items will be delivered immediately, provided they are in stock. Delivery takes place within Germany as well as in the EU and worldwide. Delivery time within Germany normally is up to five working days. Deliveries abroad take up to ten working days within Europe and 15 days worldwide. Should an item not be available at short notice, mkfactory will inform you of the expected delivery time by e-mail, where your e-mail address is known. In case of delivery delays, for example due to force majeure, traffic congestion and instructions of a higher authority as well as other circumstances for which mkfactory is not responsible, no indemnity claims against mkfactory can be made.

3. Postage and Packaging
(1) A flat charge of 10.00 Euros for postage and packing within Germany applies, regardless of the amount and weight of the item. For deliveries outside Germany, but within the European Union, a charge of 17.00 Euros applies. For deliveries outside the European Union a charge of 30.00 Euros applies.
(2) Customers can request express delivery. Additional charges apply.

4. Conditions of Payment
(1) All stated prices are final prices which include the current German VAT of 19%. The prices at the time of order always apply.
(2) Payment for deliveries within Germany can be made by invoice, advance payment and cash on delivery.  New customers based outside the Federal Republic of Germany are required to pay in advance.
(3) The purchase price is payable within 14 days after delivery of the goods. Where the order value is greater than 5,000.00 Euros the customer is required to make a down payment of 25% of the order value.
(4) Where payment periods are exceeded, reminder and administration fees of 5.00 Euros per reminder letter apply.

5. Reservation of Proprietary Rights
(1) Good delivered by mkfactory remain the company’s property up to the complete payment of the purchase price and up to the completion of demands resulting from the business relationship (all-monies clause).
(2) Access to the goods under reservation of proprietary rights (for example through purchase, bailment, transfer by way of security, donation, cession of right to use) by the purchaser before the complete payment of the purchase price is not permitted.

6. Right of Withdrawal and Cancellation Concequences
(1) Right of Withdrawal
You may withdraw your contractual statement within two weeks without declaration of reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. This period commences at the earliest with the receipt of a relevant separate instruction in writing. To observe the cancellation period the timely posting of the revocation of the goods suffice. The revocation is to be addressed in writing to:

mkfactory, Mr. Michael Köhler, Am Mühlenberg 11, 14476 Potsdam/Golm, Germany
Fax: +49 (0)331-963079
E-Mail: .(Javascript muss aktiviert sein, um diese E-Mail-Adresse zu sehen)

(2) Cancellation Consequences
In case of effective cancellation, the services received by both sides are to be returned and utilised usages (e.g. interest) are to be refunded if applicable. Should you be able to return received goods/services completely or partially or only in deteriorated condition the purchaser will be requested to pay compensation for lost value. This does not apply to the cession of goods where the deterioration of the goods is solely attributable to its testing – as you would have been able to do in a retail shop. Furthermore, you will be able to avoid compensation for lost value by not making use of the goods as an owner and refrain from doing anything which may affect their value.

(3) Return Costs
When returning goods from a consignment whose return value is up to 40.00 Euros, you will have to cover the costs of the return if the delivered goods conform to your order. In all other cases the return of free of charge for you. Goods which cannot be sent as parcels will be picked up.

(4) Exemptions
The right of withdrawal does not apply where the customer is not a consumer.

7. Warranty
(1) The warranty period of the items sold by the vendor is two years. The warranty period starts at the point of delivery. Where the purchaser is a businessperson, corporate body under public law or public special property, the warranty period is one year.
(2) Where the object of purchase is a used item the warranty period is one year.
(3) Where the goods have sustained transport damage, the recipient is required to declare the damage to the haulier immediately. Other noticeable transport damage is to be declared to mkfactory in writing within 14 days of receipt of the goods.
(4) The vendor is not liable for defects resulting from incorrect handling, normal wear and tear or extraneous force. The warranty expires in cases of repairs or changes of the goods carried out by the purchaser or by a third party without the vendor’s prior written consent.

8. Limitation of Liability
(1) Insofar as no other liabilities apply below, all other demands by customers, no matter for what legal reasons, are excluded. The online shop (mkfactory) therefore is not liable for damage to the article of sale; in particular, mkfactory is not liable for loss of profit or other economic losses incurred by the customer. As far as contractual liability of mkfactory has been excluded or limited, this also applies to personal liability of employees, representatives and assistants.
(2) The aforesaid limitation of liability does not apply where the cause of damage is deliberate or caused by gross negligence or in cases or personal injury. It also does not apply where the purchaser claims legal entitlements. The regulations of the German Product Liability Act remain unaffected by this.
(3) If mkfactory has negligently violated a contractual obligation the duty of replacement for property damage is limited to typical damage.

9. Data Protection
(1) Data required for the processing of the order will be stored by mkfactory in accordance with the German Data Protection Act and will be treated confidentially.
(2) The vendor retains the right to transmit the data for the purpose of an appraisal of creditworthiness. The purchaser has the right to retract the data at any time.

10. Place of Delivery and Place of Jurisdiction
(1) Place of delivery for all obligations resulting from the contractual relationship, including possible warranty claims is the vendor’s registered office.
(2) As far as the purchaser is a businessperson or a corporate body under public law, the place of jurisdiction is the registered office of mkfactory.

11. Other Provisions
(1) The customer acknowledges the General Terms and Conditions with their order.
(2) The invalidity of individual provisions of the underlying contract, including the Terms and Conditions, do not affect the other Provisions.
(3) Declarations of all kinds regarding the contractual relationship between vendor and purchaser must be put down in writing in order to become valid. This also applies to this requirement of written form itself.

Dated: 30 November 2007