Terms & Conditions

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Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Warranty Claims (Guarantee)
Redemption of Promotional Vouchers
Applicable Law
Code of Conduct
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of CMK Tonerstore GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer with regard to the goods and/or services in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by email or by phone to the Seller.

2.3 The Seller may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as rejecting the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By selecting a payment method offered by PayPal in the online ordering process, the Seller already declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.

2.5 Prior to binding submission of the order via the Seller's online order form, the Seller stores the contract text and sends it to the Customer in text form (e.g., email, fax, or letter) after sending their order, along with these GTC. Additionally, the contract text is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before sending their order.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 German language is available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery does not occur outside a country outside the European Union and the Customer makes the payment from a country outside the European Union.

4.3 The Customer has various payment options available, which are specified in the Seller's online shop at the beginning of the ordering process.

4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract.

4.5 When selecting the "PayPal" payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller already declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.

4.6 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after sending their order, along with these GTC. Additionally, the contract text is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before sending their order.

4.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

4.8 German language is available for the conclusion of the contract.

4.9 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with the order processing can be delivered.

5) Delivery and Shipping Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the transport company sends the goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This does not apply if the Customer exercises their right of withdrawal effectively, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller had given them a reasonable advance notice of the service.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not attributable to the Seller and that the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.4 Pickup is not possible for logistical reasons.

6) Retention of Title

6.1 The Seller retains ownership of the delivered goods until full payment has been made.

6.2 If the Customer is an entrepreneur, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full. The corresponding security rights are transferable to third parties.

6.3 If the Customer is an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All claims arising from this resale against third parties shall be assigned to the Seller in advance in the amount of the respective invoice value (including value-added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The authority of the Seller to collect the claims themselves remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations from the collected proceeds, does not default on payment, and, in particular, no application for opening insolvency proceedings has been filed or payments have been suspended.

6.4 In the event of a combination and mixing of the reserved goods, the Seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

6.5 The Seller undertakes to release the securities to which they are entitled at the Customer's request to the extent that the realizable value of the Seller's securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon the Seller.

7) Warranty Claims (Guarantee)

7.1 The statutory rights of liability for defects apply.

7.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damages and to inform the Seller accordingly. If the Customer does not comply, this has no effect on their legal or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The goods value must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.7 The balance of a promotional voucher is neither paid out in cash nor is interest paid on it.

8.8 The promotional voucher will not be reimbursed if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller can make a liberating effect to the respective owner who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization of the respective owner.

9) Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law with respect to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

10) Code of Conduct

10.1 The Seller has submitted to the "Trusted Shops" quality criteria accessible at https://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf, which are available to view there.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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