Legal notice, Terms and Conditions and Cancellation Policy

Legal notice

Ingo Raven
MK-Guitar.com
Heidekamp 17
58239 Schwerte
Germany

Email: info@mk-guitar.com
Telephone: +49 2304 940404
Fax: +49 2304 940404

Trademark notice

The trademarks and product names mentioned on this website are the property of their respective owners. Where trademarks such as Stratocaster, Strat, Telecaster, Tele, Jazzmaster, Jazz Bass, J-Bass, Precision Bass, P-Bass or Les Paul are mentioned, they are used solely to describe designs, compatibility or tonal characteristics. Unless expressly stated otherwise for a particular product, MK-Guitar.com has no commercial affiliation with the respective trademark owners.

General Terms and Conditions

1. Scope and contracting party

These General Terms and Conditions apply to orders placed through this online shop. The customer's contracting party is Ingo Raven, MK-Guitar.com, Heidekamp 17, 58239 Schwerte, Germany.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession.

2. Formation of the contract

The presentation of products in the online shop does not constitute a legally binding offer. The customer may initially place products in the shopping cart without obligation and may correct the information entered before submitting the binding order. By clicking the button that completes the order, the customer submits a binding offer to conclude a contract for the products contained in the shopping cart.

Receipt of the order will be confirmed electronically without undue delay. An automatic acknowledgement of receipt does not constitute acceptance of the offer unless it expressly states that the offer has been accepted. The contract is concluded when we accept the order by sending an express order confirmation, dispatching the goods, requesting payment or collecting payment, whichever occurs first.

3. Contract languages and contract text

The languages available for concluding the contract are German and English. We store the contract text and provide the customer with the order details and these Terms and Conditions on a durable medium. Customers may also view their order details in their customer account if they have created one. In the event of discrepancies between the German text and this English translation, the German text shall be used as an aid to interpretation, without restricting any mandatory consumer rights.

4. Prices and shipping costs

The prices displayed on the product pages include the applicable statutory value-added tax, unless differential taxation is expressly indicated for used goods. The shipping costs shown before the order is submitted are added to the price. Deliveries to countries outside the European Union may be subject to additional customs duties, taxes or charges payable by the customer to the relevant authorities or other bodies.

5. Payment

The payment methods available for the particular order and any additional conditions are displayed before the customer submits the order. Payment is charged in accordance with the conditions shown for the selected payment method.

6. Delivery and digital content

The delivery area, shipping costs and expected delivery times are stated in the relevant product description and in the shop's delivery and shipping information. Partial deliveries are permitted where reasonable for the customer; they will not cause the customer to incur additional shipping costs.

Digital content is supplied in the manner stated in the product description or ordering process. Information about its functionality, compatibility and interoperability is provided in the relevant product description.

7. Retention of title

The goods remain our property until payment has been made in full.

8. Damage in transit

If goods are delivered with obvious damage in transit, please complain to the carrier as soon as possible and notify us without undue delay. A consumer's failure to make such a complaint or contact us does not affect their statutory rights, in particular their statutory rights in respect of defects.

9. Statutory rights in respect of defects

The statutory law governing liability for defects applies. This also applies to used goods and components subject to natural wear. Natural wear, improper use or damage caused by the customer does not, however, constitute a defect.

For traders, the limitation period for claims concerning defects in newly manufactured goods is one year from the passing of risk. This does not affect claims arising from wilful misconduct or gross negligence, injury to life, limb or health, the German Product Liability Act, an expressly assumed guarantee or statutory rights of recourse.

10. Liability

We have unlimited liability for loss or damage caused intentionally or by gross negligence by us, our legal representatives or agents; for injury to life, limb or health; under the German Product Liability Act; and to the extent of an expressly assumed guarantee.

Where a material contractual obligation is breached through slight negligence, liability is limited to the loss or damage typical of the contract and foreseeable when the contract was concluded. A material contractual obligation is one whose performance is essential for the proper fulfilment of the contract and on whose performance the contracting party may regularly rely. Liability for other loss or damage caused by slight negligence is excluded.

11. Applicable law

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and us.

12. Consumer dispute resolution

We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration body.

Cancellation Policy

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days:

• for contracts for the supply of digital content not supplied on a tangible medium, from the day on which the contract is concluded;
• for service contracts, from the day on which the contract is concluded;
• for a sales contract concerning one item, from the day on which you, or a third party designated by you who is not the carrier, takes possession of the item;
• for a contract concerning several items ordered as part of one order and delivered separately, from the day on which you, or a third party designated by you who is not the carrier, takes possession of the last item.

To exercise the right to cancel, you must inform us at:

Ingo Raven, MK-Guitar.com
Heidekamp 17
58239 Schwerte
Germany
Email: info@mk-guitar.com
Telephone: +49 2304 940404

of your decision to cancel this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model cancellation form below, but it is not obligatory. You may also submit your cancellation using the electronic cancellation function provided in the shop.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days after the day on which we receive notice of your cancellation. We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; you will not incur any fees as a result of the reimbursement.

For contracts for the sale of goods, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever occurs first.

You must send back or hand over the goods without undue delay and in any event no later than fourteen days after the day on which you communicate your cancellation to us. The deadline is met if you send the goods before the fourteen-day period has expired.

You must bear the direct cost of returning the goods.

You are liable only for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.

If you requested that a service begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us of your cancellation, compared with the full coverage of the contract.

Exclusion or early expiry of the right to cancel

Unless otherwise agreed by the parties, the right to cancel does not apply in particular to contracts for the supply of goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or which are made to the consumer's personal specifications.

For a service contract, the right to cancel expires when the service has been performed in full, provided that we began performance only after you expressly consented to performance beginning before the cancellation period expired and acknowledged that you would lose your right to cancel upon full performance of the contract.

For a contract for the supply of digital content not supplied on a tangible medium, the right to cancel expires when we begin performance after you have expressly consented to performance beginning before the cancellation period expired, acknowledged that by consenting you would lose your right to cancel when performance begins, and we have provided you with confirmation of the contract on a durable medium.

Model cancellation form

(Complete and return this form only if you wish to cancel the contract.)

To:
Ingo Raven, MK-Guitar.com
Heidekamp 17
58239 Schwerte
Germany
Email: info@mk-guitar.com

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the purchase of the following goods (*)/provision of the following service (*)/supply of the following digital content (*):

____________________________________________________________

Ordered on (*)/received on (*): _____________________________

Name of consumer(s): ______________________________________

Address of consumer(s): ___________________________________

Signature of consumer(s) (only if this form is submitted on paper):

____________________________________________________________

Date: ____________________

(*) Delete as appropriate.