Worldwide payment and shipping
§ 1 Scope, Provider Identification
(1) These General Terms and Conditions (GTC) apply to all orders for goods that the customer (hereinafter “you”) places with Maximilian Klug (mkDive), Adlerstr. 55 – 76137 Karlsruhe (hereinafter “we” or “Provider”), via the website https://mkdive.de.
(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their 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.
(3) Only the following conditions apply. Deviating conditions of the customer will not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract, Storage of Contract Text
(1) The presentation of goods in our online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) By clicking the “[buy / order with obligation to pay]” button, you submit a binding order for the goods in the shopping cart. Your order represents an offer to conclude a purchase contract.
(3) We will confirm receipt of your order immediately via an automatic email (order confirmation). This order confirmation does not constitute acceptance of your offer, but merely serves to inform you that we have received your order.
(4) Acceptance of the offer (and thus conclusion of the contract) is made by our separate, explicit order confirmation via email or by delivery of the goods. If we do not accept your order within 5 working days, you are no longer bound by your offer.
(5) The contract text will be stored by us and sent to you again with the order confirmation and the order confirmation along with these GTC.
§ 4 Delivery, Shipping Costs, Transfer of Risk
(1) All prices are quoted in euros and include statutory value-added tax. Shipping costs, which are displayed separately during the ordering process, may be added.
(2) Payment is made exclusively in advance by bank transfer.
(3) After receiving your order and our order confirmation, we will send you an invoice with our bank details. The invoice amount is due immediately without deduction. The goods will only be shipped after the full amount has been received in our account.
(4) You agree to transfer the purchase price within 7 calendar days of the invoice date. In the event of non-payment on time, we are entitled to withdraw from the contract and claim damages.
§ 5 Right of Withdrawal for Consumers
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us (Maximilian Klug (mkDive), [Address], [Email]) by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract.
Effects of Withdrawal:
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
[Insert model withdrawal form here – this is legally required!]
§ 6 Retention of Title
The goods remain our property until full payment has been made.
§ 7 Liability Limitations
(1) The statutory provisions shall apply to claims for damages, notwithstanding the following limitations.
(2) We are fully liable for intent and gross negligence as well as in the event of injury to life, body or health.
(3) In the event of slight negligence, we shall only be liable if a material contractual obligation (cardinal duty) has been breached. Liability in this case is limited to the contract-typical, foreseeable damage.
(4) Liability under the Product Liability Act remains unaffected.
(5) The aforementioned liability limitations also apply in favor of our legal representatives and vicarious agents.
§ 8 Data Protection
The processing of personal data is carried out exclusively in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Detailed information can be found in our separate privacy policy on the website.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply to contracts between us and you.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
(3) If a provision of these GTC is or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
(4) We reserve the right to amend these GTC with effect for the future. The version available on the website at the time of the order shall be authoritative.
