Terms and Conditions

Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

For Germany, the following applies: pursuant to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

For Austria, the following applies: in the following terms, "consumer" refers to a "Konsument" within the meaning of the Austrian Consumer Protection Act (KSchG).

For Switzerland, the following applies: in the following terms, "consumer" refers to a "Konsument" under Swiss law.

2. Contracting Party, Formation of Contract, Correction Options

The purchase contract is concluded with Markenkoffer GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may first place our products in your basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to purchase the products contained in your basket. Confirmation of receipt of your order is sent by email immediately after the order is submitted.

We accept your offer within two days by

  • sending a declaration of acceptance in a separate email, or
  • where applicable, by having the payment transaction carried out by our service provider or the selected payment service provider. The timing of the payment transaction depends on the payment method chosen (see “Payment”).

Whichever of the above events occurs first is decisive for you.

3. Contract Language, Storage of Contract Text

The language(s) available for concluding the contract: German, English, French, Dutch, Spanish, Italian, Polish

We store the contract text and send you the order details and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery Terms

 Delivery Options

We ship products to the delivery address provided during the ordering process.

You generally have the option of collecting your order from Markenkoffer GmbH, Junkers-Ring 4, 85098 Großmehring, Germany, during the following business hours: 10 am – 4 pm

5. Payment

5.1 Prices

The prices stated at the time of the order apply. These are total prices and include statutory VAT.

5.2 Due Date and Default of Payment

The price is due upon conclusion of the contract, unless a later date results from the following payment terms.

For customers based in Germany and Austria, the following applies: In the event of default of payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You remain free to prove that we incurred lower costs. Further claims remain unaffected.

For customers based in Switzerland, the following applies: In the event of default of payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You remain free to prove that we incurred lower costs. Further claims remain unaffected.

5.3 Payment Methods

The following payment methods are generally available in our shop.

Advance Payment
If you choose advance payment, we will provide our bank details in a separate email and deliver the goods once payment has been received.

Credit Card
During the ordering process, you provide your credit card details. Your card will be charged immediately after the order is placed.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, verify your identity with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment options within their PayPal account. However, we have no influence over the provision of these options; any additional payment options offered on an individual basis concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, verify your identity with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, verify your identity with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided for each payment option and during the ordering process.

Purchase on Account via Klarna
The invoice amount is due 14 days after the goods have been shipped and the invoice received. Payment by invoice is available to consumers only.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options within their customer account. However, we have no influence over the provision of these options; any additional payment options offered on an individual basis concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Instalment Purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. A down payment may be required for some orders. The due date is determined by Klarna's payment plan. The instalment purchase payment method via Klarna is available to consumers only.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options within their customer account (e.g. interest-free instalment plans). However, we have no influence over the provision of these options; any additional payment options offered on an individual basis concern your legal relationship with Klarna. Further information can be found in your Klarna account.

Credit Card via Klarna
During the ordering process, you provide your credit card details. Your card will be charged by Klarna immediately after the order is placed. No address or credit check is carried out.

Direct Debit via Klarna
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date your account will be debited (so-called prenotification). The account will be debited after the goods have been shipped.

Invoice
The invoice amount is due within 7 days of receipt of the invoice and the goods, by bank transfer to the account specified on the invoice. We reserve the right to offer purchase on invoice only after a successful credit check.

Cash Payment on Collection
You pay the invoice amount in cash when collecting the goods.

6. Retention of Title

The product remains our property until paid for in full.

For customers based in Switzerland, we are entitled to register a corresponding entry in the retention of title register.

7. Transport Damage

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 get in touch with us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, doing so helps us assert our own claims against the carrier or the transport insurance.

8. Warranty and Guarantees

8.1 Statutory Liability for Defects

Statutory liability for defects applies.

For consumers based in Switzerland, the following applies:
You should, as soon as is practicable in the ordinary course of business, inspect the condition of the goods received and, if defects are found for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed accepted, unless the defects were not detectable through customary inspection. If such defects appear later, notification must be given immediately upon discovery, failing which the item is also deemed accepted with regard to these defects.
By way of exception to the above: insofar as defects in an item that has been incorporated as intended into an immovable structure have caused the defectiveness of the structure, these must be reported within 60 days. Defects that were not detectable through customary inspection must be reported within 60 days of their discovery.

Please return the defective product to us together with a description of the defect. You bear the resulting transport costs. We provide warranty by remedying defects. This is done, at our discretion, either by rectifying the defect (repair) or by delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded.

8.2 Guarantees and Customer Service

Information on any additional guarantees that may apply, and their precise conditions, can be found with the respective product and on special information pages in the online shop.

Customer Service: Our customer service team is available for questions, complaints and claims Monday to Friday from 9:00 am to 6:00 pm on +49 8456 / 80 80 70 and by email at office@markenkoffer.de

9. Liability

Towards consumers based in Austria, we are always liable without limitation.

Otherwise, the following applies:
We are always liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantees given, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper execution of the contract and on whose observance the contracting partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives or vicarious agents, our liability is limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded.
Otherwise, claims for damages are excluded.

10. Code of Conduct

We have subscribed to the following codes of conduct:

11. Agreement on the Use of Trusted Shops Buyer Protection

You can secure orders placed with us free of charge, up to a certain order value, via the Trusted Shops SE buyer protection scheme. In addition, Trusted Shops, together with a guarantor, offers a chargeable insurance option. The Trusted Shops Buyer Protection Terms apply, which you can find here. Buyer protection is activated by clicking the corresponding button on the so-called Trustcard, which appears as a pop-up on the order confirmation page after an order has been placed. If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without you needing to click the button. In order to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection terms linked above.

12. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

Should any individual clauses of these Terms and Conditions be or become invalid, in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.