(If you wish to cancel the contract, please fill in this form and send it back.)
Biberger Str. 93
82008 Unterhaching, Germany
Fax: +49 89 / 248809-999
- I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/performance of the following service (*)
- Ordered on (*)/received on (*)
- Name(s) of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notice provided in paper form)
(*) Please cross out as appropriate.
§ 4 Voluntary Right of Return
(1) We also offer you the following voluntary right of return which is independent of your statutory right of cancellation:
All products of Media-Concept Bürobedarf GmbH can be sent back to Media-Concept Bürobedarf GmbH within 60 days of receipt of the goods, in so far as the goods are complete and are in an unused and undamaged condition.
For shrink-wrapped products (e.g. ink or toner), this means that we will only accept goods if they are still in their unopened shrink wrap and, if applicable, still feature an undamaged seal.
(2) We assume return shipping costs in so far as you register the return with our customer service department and use the consignment note or shipping label supplied by us.
(3) For this repayment, we will use the same payment method as used for the original transaction unless something to the contrary has been expressly agreed with you. Only for non-Euro payments: potential losses incurred through currency fluctuations will not be compensated.
(4) Returns must be sent to: Media-Concept GmbH, Freiburger Str. 7, 86156 Augsburg-Gersthofen, Germany.
(5) If you return all the items in an order in accordance with this voluntary return right, we will refund the purchase price paid and any paid shipping costs. For partial returns, we will refund the purchase price for the corresponding returned items, but not the shipping costs.
This right of return does not affect your statutory rights, including your statutory right of cancellation.
§ 5 Title Retention
(1) For consumers, the seller retains title to the goods until the purchase price has been paid in full. For entrepreneurs, the seller retains title to the goods until all claims from an ongoing business relationship have been settled
(2) If the customer is in breach of the contract, especially payment arrears, erroneous information provided by the customer concerning their creditworthiness, or if an application for the opening of insolvency proceedings is made; the seller is entitled - if applicable, after setting a deadline - to rescind the contract and demand the return of the goods, in so far as the customer has not fulfilled their contractual obligations, or not in full.
§ 6 Remuneration
(1) The sales price stated is binding. The purchase price includes statutory sales tax, or the gross and net prices are to be explicitly indicated alongside one another. Shipping costs shall be incurred in accordance with the chosen shipping method.
(2) The customer is obligated to pay the entire price within 7 days of receiving the order confirmation by email, or the invoice. Once this deadline has passed, the customer will enter into payment arrears. During payment arrears, the consumer is to pay interest on the debt at 5 percentage points above the base rate. During payment arrears, the entrepreneur is to pay interest totalling 9 percentage points above the base rate. The seller reserves the right to assert higher damages against the entrepreneur due to payment arrears. The entrepreneur shall also owe a lump sum payment of 40 euros if requested for payment while in arrears. This shall also apply if the entrepreneur is in arrears for a down payment or any other installment. The seller reserves the right to assert higher damages against the entrepreneur due to payment arrears. The lump sums from Section 5 shall be credited to a due compensation claim if the damage is due to the costs of legal proceedings.
(3) The customer only has the right to off-set if their counter claims are legally established, recognised or not contested by the seller. The buyer’s right to off-set regarding contractual and other claims arising from the initiation or execution of this contract shall remain unaffected. The customer can only exercise a right of retention if their counter claim is based on the same contractual relationship.
(4) Voucher codes
1. Voucher codes or promotion codes have various expiry dates and can only be applied per promotion for the purchase of all or only selected items. The specific expiry date of your code will be stipulated in the form of participation conditions during the course of the promotion.
2 It is not possible to exchange the voucher/promotion code or receive its monetary equivalent.
3 Upon receipt of the voucher/promotional code, the seller assumes no responsibility for lost, stolen, destroyed or illegally redeemed codes.
4 The seller reserves the right to cancel or block codes, provided there is a valid reason for such an action, for example in the case of loss or misuse.
5 Information on returning articles from orders made using a voucher/promotion code:
If you make use of your right of cancellation in accordance with § 3 or voluntary right of return in accordance with § 4, the discounted purchase price shall be refunded to you. If you cancel or return an order which originally contained several items, the value of the promotional code will be proportionally deducted from the total price of the item and you will receive the corresponding refund. The promotional code shall be proportionally forfeited in accordance with the value of the returned item. If all items are cancelled or returned, the promotion code is forfeited and your original purchase amount will be refunded. There is no entitlement to a refund or replacement of a voucher/ promotional code from a promotion.
§ 7 Shipping/Delivery Restrictions
(1) A list of the delivery methods offered for your delivery country can be found on our website under ‘Shipping’. This also contains other European delivery countries.
(2) The costs for the offered shipping types and restrictions on free shipping can be found on our website under ‘Shipping’.
(3) The delivery time period will be indicated on the respective offer site. The beginning of the delivery period depends on the payment type used in accordance with paragraphs 4 to 5.
(4) For payments made by immediate transfer, PayPal or credit card, the delivery period begins one day after issuing the instruction for payment. The period begins one day after the order is made for all other payment types. For orders made on a weekday by 18:30 and Saturdays by 15:00, the delivery period begins on the same working day.
(5) If the beginning or end of the delivery period falls on a Sunday or a public holiday, the beginning/end shall be deferred until the next working day.
(6) The seller draws attention to § 2 Para. 4 of these T&Cs which stipulates that delivery is subject to the proviso that we ourselves are properly supplied in timely manner.
(7) The seller is entitled to make partial deliveries in so far as a partial delivery would be reasonable for the customer while taking into consideration their own interests. The customer shall not incur any extra costs thereby.
§ 8 Payment Options
(1) An overview of the payment options offered for your delivery country can be found on our website under ‘Payment’. This also contains other European delivery countries.
(2) A cost-free payment option will always be offered. Any other costs that may arise from another payment method can be found on our website under ‘Payment’.
(3) Public institutions reserve the right to purchase on account. For new customers there is a maximum limit up to which purchase on account is possible. This limit applies to the entire customer account, and also includes outstanding amounts from earlier orders on account.
(4) For payment on account, and in other cases if justified, the seller shall verify and assess the data provided by the customer and administer data exchanging with other companies within the group network of the seller and credit agencies. To make their decision regarding the use of the payment on account method, the seller uses probability values for assessing credit risk, which are based on the data provided by a commercial law firm (First Debit, Am Pulverschopen 17, 59071 Hamm, Germany) alongside the seller’s own data. The calculations of probability values are based on a scientifically recognised mathematical statistical process. The named companies are also commissioned to validate the address details provided by the customer.
(6) For payment by cash on delivery, the customer directly pays the shipping company.
(7) For payments by SEPA direct debit, the simplified direct debit mandate is used and the seller is thus no longer explicitly informed of the direct debit. Payment is generally debited 4-5 days following delivery of the goods. Partial deliveries are charged in line with the proportion of goods delivered.
(8) For payment by credit card, a (pre-authorised) reservation of the amount is put in place upon completing the order. The credit card account will only be debited upon delivery of the goods.
§ 9 Transfer of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes onto the consumer upon delivery of the goods; the same shall also apply to sales shipments.
(2) For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is assumed by the entrepreneur upon being handed over; and for sales shipments this risk passes onto the entrepreneur upon delivery of the goods to the shipping company, freight carrier or other persons or institutions specified by the entrepreneur for execution of the shipment.
(3) The handover shall remain the same if the customer delays acceptance of the goods.
§ 10 Warranty
(1) The customer has statutory warranty rights which are modified in accordance with §§ 10, 11 of these T&Cs.
(2) Ordered goods may differ slightly within reason from those depicted online. We refer you to § 2 Para. 1 of these T&Cs.
(3) Consumers have the choice of demanding fulfilment via improvement or a replacement delivery. The seller is entitled to reject the chosen type of supplementary performance if it is only feasible through incurring disproportionate costs and if the other type of remedy would not pose any significant disadvantages for the consumer. For companies, the seller shall fulfil their obligations with regard to defective goods at their own discretion through improvement or replacement delivery.
(4) Should the supplementary performance fail, the customer can in principle either demand for the purchase price to be reduced (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. While taking into account mutual interests, the customer has no right to withdraw from the contract for insignificant defects. Instead of compensation in lieu of performance, the customer can demand compensation for wasted expenditure incurred in good faith that the goods would be delivered in accordance with § 284 BGB (German civil code). Should the customer choose compensation in lieu of performance, the liability limitations shall be in accordance with § 11 Para. 1 of these T&Cs.
(5) Entrepreneurs must notify the seller of obvious defects concerning the delivered goods within a period of 2 weeks following receipt of the goods, otherwise the assertion of warranty claims is excluded. Punctual sending of information or prompt notification shall be sufficient to satisfy the deadline. § 377 HGB (German commercial code) shall apply to merchants.
(6) If the customer is an entrepreneur, only the seller’s product description shall be deemed as the characteristics of the goods. Public statements, recommendations or advertisements of the manufacturer do not represent the contractual characteristics of the goods.
(7) The warranty period for consumers totals 2 years following delivery of the goods In derogation thereof, the warranty period for entrepreneurs totals 1 year following delivery. For used items, the warranty period also only totals 1 year following delivery of the goods. The one-year warranty period does not apply if the seller is culpable of gross negligence, and also not in the event of damage to body and health and loss of life of the customer if attributable to the seller, nor in the event of a warranty or delivery recourse in accordance with §§ 478, 479 BGB. The liability of the seller pursuant to the Product Liability Act remains unaffected.
(8) Notwithstanding Para. 7, the regular period of limitation shall apply if the seller has fraudulently concealed a defect.
(9) The seller grants to the customer no guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected.
§ 11 Limitations of Liability
(1) In the event of slightly negligent breaches of duty, liability shall be limited to forseeable, direct average damage typical for the contract according to the type of goods involved. This also applies to the slightly negligent breaching of duties by the seller’s legal representatives or fulfilment/vicarious agents. The seller is not liable for insignificant contractual obligations in the event of slightly negligent breaches. Instead, the seller is liable for the breaching of the legal interests of the customer which are material to the contract. Legal interests which are material to the contract are those which have to be granted to the customer by the contract in accordance with the content of the contract and its purpose. Furthermore, the seller assumes liability for breaches of obligations whose fulfilment is essential to the proper execution of the contract and upon compliance with which the customer should be able to depend.
(2) The aforementioned limitations of liability do not affect claims of the customer based on guarantees and/or product liability. Furthermore, the limitations of liability do not apply in cases of fraudulent intent, breaches of contractual obligations, and damage to the body or health or loss of life of the customer, if said effects are attributable to the seller.
(3) The seller only assumes liability for proprietary content on their website and online shop. If links are provided to enable access to other websites, the seller shall not be held responsible for the external content contained therein. The external content does not become proprietary. The seller will immediately block access to these sites if the seller becomes aware of illegal content on external websites.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply. For consumers not concluding the contract for business or commercial purposes, this choice of law only applies in so far as the granted protection is not withdrawn due to mandatory provisions of the law of the country in which the consumer is habitually resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply. § 13 Para. 3 P. 1 TDSG (Teleservice Data Protection Act) remains unaffected.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for any disputes arising from this contract shall be the court responsible for the location of the seller’s office, except in the case of an exclusive place of jurisdiction. However, the seller is also entitled to bring legal charges against the merchant through the court at their residence or place of business. Jurisdiction based an exclusive place of jurisdiction remains unaffected.
(3) The European Commission provides a platform for online dispute resolution (ODR). Visit this link for more information: www.ec.europa.eu/consumers/odr
II. Customer information on concluding distance selling contracts and further information on the electronic conclusion of contracts.
A. Customer information on concluding distance selling contracts
The following information is used to fulfill our legal obligation to provide information in the case of distance sales contracts and e-commerce.
Our General Terms and Conditions (T&Cs) can be found via the following link: General Terms and Conditions.
You will receive all the information in text form upon delivery at the latest. You can choose to print out this information or store it on your hard drive.
1. Identity of the Provider
You are concluding distance sales contracts with
Biberger Straße 93
Tel.: +49 89 24 88 09 - 1500
Fax: +49 89 24 88 09 - 1555
Managing directors: Andreas Gebauer, Sebastian Köhler, Ulrich Seidel
Commercial register court: Amtsgericht München (District court of Munich)
Commercial register number: HRB 141494
VAT ID no.: DE 813471470
2 Conclusion of Contract
For orders made via the online form on our website, you make a binding offer for the conclusion of a sales contract after filling in the electronic ordering form (see B1) by clicking on the ‘Buy now’ button. You can change or view the data at any time before submitting the order.
The seller will promptly confirm receipt of the customer’s order by email. The order will be displayed during the course of automated order submission and it can be printed out using the ‘Print’ function.
The text of the contract is saved by the seller and sent to the customer by email along with the legally effective T&Cs following contract conclusion.
3 Delivery and Right of Non-delivery
(1) The delivery time period is stated on the respective offer page. The delivery period begins in accordance with § 7 Para. 3 to 4 of the T&Cs (depending on the chosen payment type).
(2) A list of the delivery methods offered for your delivery country can be found on our website under ‘Shipping’. This also contains other European delivery countries.
|| 2 - 3 days
|| 1 - 2 days
|| 2 - 3 days
| Great Britain
|| 2 - 3 days
|| 1 - 2 days
| The Netherlands
|| 2 - 3 days
|| 2 - 3 days
4 Purchase Price and Shipping Costs
(1) The indicated prices are full prices in Euros and include statutory sales tax, or the gross and net prices are to be explicitly indicated alongside one another. Time-limited special promotions or discounts are to be indicated as such in the descriptions of the individual goods on our website.
(2) The costs for the offered shipping types and restrictions on free shipping can be found on our website under ‘Shipping’.
(3) A cost-free payment option will always be offered. Any other costs that may arise from another payment method can be found on our website under ‘Payment’.
(4) You will not incur any other additional costs during ordering through use of telecommunications.
5. Information on the German Battery Act
Many devices include batteries in their delivery scope. Batteries may also be built into some devices. As a retailer, we are obliged to notify our customers of the following information related to the use of such batteries – or devices with built-in batteries – in accordance with the Battery Act:
Batteries are not to be disposed of in general domestic waste. This is expressly forbidden by the Battery Act. As an end consumer, you are legally obliged to return used batteries. Please dispose of your used batteries at a municipal collection point, or return the batteries free-of-charge to the point of purchase. Batteries received from us can be returned to us without charge to the following address; they can also be sent by post.
Media-Concept Bürobedarf GmbH
Freiburger Str. 7
This information can also be found in the documents accompanying the delivery, or in the operating manual of the respective manufacturer.
More detailed information on the Battery Act can be obtained from the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de/abfallwirtschaft).