Terms of service
General terms and conditions of business
Contractual conditions within the framework of purchase contracts via the platform www.mbk12.com
between
Designcraft s.r.o
At Zatlanka 1908/4
150 00 Prague
Czech Republic.
email: info@mbk12.com
Tel.: +420777094546 or +4915253739222
– hereinafter referred to as "Provider" –
and
the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer(s)”.
§ 1 Scope of Application
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. Using the “Buy now” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Your MBK12 order receipt” by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. In this email or in a separate email, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a durable medium (email or paper printout). The text of the contract will be saved while respecting data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Denmark, France, Germany, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, USA.
(4) The customer can make payment via PayPal, Apple Pay, Google Pay or credit card.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of Title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 Prices and Shipping Costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of withdrawal.
(3) In the event of a cancellation, the customer must bear the direct costs of the return.
(4) The customer bears any customs duties and other fees that are levied in his country.
§ 6 Warranty for Defects in Quality
(1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Final Provisions
(1) The law of the Czech Republic applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.