General Terms and Conditions
MONKEYDRIVE PRINTING FACTORY GmbH
Friesstr. 16
60388 Frankfurt am Main
fon.: +49 (0)69 – 41674326-14
fax.: +49 (0)69 – 41674326-19
mail: info@blackape
Steuernummer: 013 361 00607
Ust-ID: DE245625780
Sitz der Gesellschaft: Frankfurt am Main
Amtsgericht Frankfurt HRB 88895
Geschäftsführung: Sascha Rippberger, Andreas Bendel
1. Area of application
(1) All quotes, deliveries and services of MONKEYDRIVE PRINTING FACTORY GmbH (in the following referred to as: Seller) will exclusively follow the terms and conditions as valid at the time of the order in question.
(2) Any other conditions claimed by the Buyer at the time of the order will not be recognised by the Seller, unless stated otherwise.
(3) The following terms and conditions differ in some instances for Consumer and Entrepreneur. According to § 13 BGB a Consumer is any individual concluding a legal transaction with a purpose that is not related to their commercial or self-employed interest. On the other hand, § 14 BGB considers an Entrepreneur any individual or legal person or legal body concluding a legal transaction in the interest of their commercial or self-employed professional purpose.
2. Order and conclusion of contract
(1) The Buyer can select products from the range of goods of the seller and collect these in a virtual shopping cart. By pressing the “Submit order” button, he makes a binding offer to purchase all items placed in the shopping cart. Prior to submitting the order, the Buyer receives the opportunity to view and change information. The order can only be submitted and transferred by clicking the “Accept terms and conditions”. This reflects acceptance of the terms and conditions by the Buyer and includes them in his order.
(2) After receiving the order, the Seller sends an order confirmation to the Customer, listing the details of the customer’s order again. This can be printed out by using the “Print” function. With Seller’s confirmation the order becomes a legal contract. The Order confirmation is legally equal to the delivery of goods.
3. Consumer order withdrawal
The following right to withdraw from order according to § 312d Abs. 4 BGB is not applicable to distance selling contracts for the delivery of audio and video recordings or software, providing the seal of the media was broken by the Consumer.
Information right of cancellation
Right of cancellation
The Customer may step back from the order within one month without submitting reasons in written form (e.g. letter, fax, e-mail), or – should you receive goods in question within the deadline – by returning goods. The deadline starts after receiving these instructions in written form, however, not before goods have been delivered to the recipient (In case of delivery of recurring delivery of identical goods, not before the delivery of first sending) and also not before our duty to inform according to § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1,2 und 4 BGB-InfoV as well as our duties according to § 312e Abs. 1 Satz 1 BGB in conjunction with § 3 BGB-InfoV. In order to comply the cancellation deadline, it suffices to send the order withdrawal or goods in question. Please direct your order withdrawal to:
MONKEYDRIVE PRINTING FACTORY GmbH,
Friesstr. 16,
60388 Frankfurt.
Implications of cancellation
In case of a valid Cancellation services attained by either party as well as any benefits (e.g. accrued interest) are to be returned. In case, the attained services can be returned entirely or in part or only in lesser condition, you may be liable to compensation. This does not extend to the relinquishment of goods should the impairment exclusively be caused by inspection such as would be possible in a shop. You are not liable for compensation when the impairment is caused by intended usage. Items that can be shipped are to be returned at our own risk. The shipping and handling costs are at your expense should the delivered items be as ordered and the value of the returned goods does not exceed 40,00 Euro or when at the time of cancellation, payment in full or a contractually agreed instalment for goods exceeding that value have not been transferred. In any other case, return shipping is free of charge for you. Non-shippable items will be picked up. All payment obligations must be settled within 30 days. The deadline starts with the date of sending of your cancellation or items concerned, for us with the day of arrival.
End of information of rights of cancellation
4. Terms of payment and delivery
(1) Payment is due upon placement of the order. Prices include VAT and packaging.
(2) Delivery costs are not included. For details of delivery costs for Customers please check our delivery cost list.
(3) Customer may pay via prepayment, credit card or automatic debit transfer.
(4) Should the Customer be late with payment, the Seller receives the right to add interest of at least 5% per annum over the applicable base rate. Evidence of further damage is the responsibility of the Seller.
(5) In case not stated otherwise, delivery will be executed by a delivery service from stock to the delivery address submitted by the Customer. Sending will usually take place on the day of payment arrival or at the latest 7 days after payment arrival.
5. Guarantee
(1) The Customer guarantee follows legal regulations. For Entrepreneurs guarantee is limited to 1 year.
(2) Guarantee does not extend to damage caused by normal wear and tear or unintended usage of goods. Always follow manufacturer’s usage and maintenance instructions.
(3) A guarantee is only applicable to those goods, which include this term expressively in the Seller’s order confirmation relevant to the goods in question.
(4) In case of damage, the Customer receives the right to claim damage removal or replacement delivery. Should the Seller be unable or unwilling to comply with damage removal or replacement delivery due to disproportion or unacceptability or should damage removal or replacement delivery be unsuccessful, the Customer receives the right to cancel the order, claim a reduction of price or compensation.
6. Liability
(1) The Seller is unconditionally liable following the legal regulations for loss of life, bodily harm and health hazards, which are caused by negligence or purposeful breach of duty on part of the Seller, his legal representatives or vicarious agents, as well as for any damage covered by product liability laws, as well as any damage based on purposeful or grossly negligent breaches of contract such as malice on part of the Seller, his legal representatives or vicarious agents. In case the Seller submitted a guarantee covering quality and durability of the items concerned, he is also liable for these questions. The Seller is only liable for any damage based on the lack of guaranteed quality or durability, if the risk of such a damage is visibly included in the guarantee covering quality and durability.
(2) The seller is also liable for any damage caused by simple negligence, provided this negligence states a breach of essential contractual duties (cardinal duties). The same applies when the Buyer has rightful claims towards compensation rather than the service offered. The Seller, however, is only liable when the damage is typically connected to the contract and foreseeable.
(3) Any further liability on part of the Seller is excluded, regardless of the legal nature of the claim stated. This is particularly applicable to tortious claims or claims for compensation of futile expenditures instead of service; this does not apply to the Seller’s liability according to § 6 Abs.1 and 2 of this contract.
(4) Where the liability of the Seller is excluded or restricted, this also extends to the personal liability of his employees, staff, representatives and vicarious agents.
7. Reservation of proprietary rights
The goods remain property of the Seller until payment in full.
8. Privacy protection
The Seller respects and protects the personal data of the Customer. Any private information of the Customer will exclusively be processed within legal boundaries for the purpose of concluding the contract or payment.
9. Applicable law, court of jurisdiction and final provisions
(1) Applicable law is German law excluding UN commercial law. This selection is only applicable to Consumers when hereby the guaranteed protection provided by obligatory conditions of the law of the country in which the Consumer has his usual residence is not revoked.
(2) Place of execution and court of jurisdiction for merchants, legal persons of public law or public special assets is the seat of the Seller.
(3) Should one of the conditions be or become invalid, this does not affect any other conditions.
As of 16 October 2008