1. The following general terms and conditions apply to all business relationships between us and the customer. The version effective at the time of the conclusion of the contract is the valid one

2. Consumers, according to our terms and conditions, are natural persons, who complete a business transaction to some end, who can be attributed neither a commercial nor independently professional activity. Entrepreneurs, according to our terms and conditions, are natural or legal persons or private companies with legal capacity, with whom a business relationship is formed and who exercise a commercial activity or are self-employed. Customers, according to our terms and conditions, are consumers as well as entrepreneurs.

3. Differing, conflicting or supplementary terms and conditions are, even when agreed to, not a component of the contract, unless their application has been explicitly approved in writing.

1. Our offers are subject to change. Technical as well as other reasonable changes are reserved.

2. With his/her order, the customer declares his/her binding contractual offer. Once we receive the order, we will promptly send a confirmation of this. The order confirmation does not represent a binding acceptance of delivery. The order confirmation can be connected with the declaration of acceptance.

3. We reserve the right to accept the contractual offer of the order within 3 work days of receiving it. We reserve the right to decline an order, for example, after the evaluation of the customer’s credit rating. We reserve the right to limit the order to a common amount for a household.

4. The conclusion of the contract is carried out, except in the case that we do not receive the correct order in due form from the respective manufacturer. If this happens, the order is delivered either partially or not at all. If the order is not available or only partially available, the customer will be informed immediately. Any payments made are refunded promptly.

5. We save the contract and send it to the customer via e-mail after the conclusion of the contract.

1. In the case of consumers, we retain the ownership of the goods until the full price of the purchase has been paid. In the case of entrepreneurs, goods remain our property until all outstanding invoices have been settled in full. 

2. The customer is required to treat the goods with care. If maintenance or servicing is necessary, the customer has to bear these costs on his/her own.

3. The customer is required to provide us with third-party access to the goods. For instance, in the case of a garnishment or in the case of damage or destruction of the goods, the customer is required to inform us promptly. A change in ownership of the goods as well as a change in the customer’s place of residence should also be promptly reported to us.

4. In the case of customer actions in violation of the contract (especially with regards to delay of payment or a violation of the requirements laid out in points 2 and 3 of this version of the contract), we reserve the right to withdraw from the contract and require a return of the goods.

5. The entrepreneur is authorized to resell the goods in the regular course of business. The entrepreneur should go ahead and cede all outstanding monies in the total of the invoice amount, which the third party owes the entrepreneur. We accept the cession. After the cession, the entrepreneur is authorized to collect the monies. We reserve the right to collect the claims ourselves, as soon as the entrepreneur fails to properly fulfil its payment obligations and defaults.

6. The processing and handling of the goods by the entrepreneur must always be carried out in our name and on behalf of us. If a processing of goods occurs with goods that do not belong to us, we acquire co-ownership of the new business in proportion to the value of goods delivered by us to the rest of the processed items. The same applies when the goods are mixed with other items that do not belong to us.

According to article 13 in the German civil code, the customer has a right to cancellation of distant selling contracts. The customer, in this sense, is any natural person, who completes a business transaction to some end, who can be attributed neither a commercial nor independently professional activity.

Right of cancellation
You may cancel you contractual declaration in writing (e.g. letter, fax or e-mail) within two weeks without stating any reasons, or - if you receive the goods before the two weeks have expired- by returning the goods.

The time limit starts with the receipt of this notice in written form, but not before the goods have been received by the recipient (in the event of repeat deliveries, not before the receipt of the first partial delivery) and not before we have complied with our duties to supply information pursuant to § 312 c Abs. 2 BGB i. V. m. § 1 paragraphs. 1, 2 and 4 BGB-InfoV  of the German Civil Code on data protection or our duties pursuant to § 312 e paragraph 1 clause 1 of the BGB in conjunction with § 3 of the BGBInfoV. To comply with the time limit it is sufficient that the cancellation or return of the goods be sent in good time. Notice of cancellation must be sent:

Markanto Designklassiker Sven Vorderstrase
Neusser Straße 182
D-50733 Köln, Germany
Email: info@markanto.de
Fax: +49-221-120149

Consequences of cancellation
In the event of an effective withdrawal, any payments received by either party must be returnedand if applicable any benefits derived from the same (for example interest) must be surrendered. If you are unable to return the goods you received in full or in part or only in a deteriorated condition, you may be required to pay compensation to the value of the loss. This did not apply when returning goods if the deterioration of the goods is due exclusively to an inspection of the type generally undertaken in a retail store.To avoid having an obligation of value replacement owing to deterioration from standard use, you are advised not to use the goods as though they were your property and refrain from any activities which would lower their value. Goods that can be shipped via parcel service should be returned at our risk. You are liable for the costs of returning goods ,if the goods returned correspond to those ordered and the cost of the returned items does not exceed € 40,- or if the item price exceed the amount but you have not yet paid in full or made the contractually agrred partial payment at the time of cancellation.

The right to cancellation does not apply to pieces that were made according to customer specifications or clearly customized to meet personal needs, nor does it apply to items that were personally inspected and ordered at our office in Cologne.

1. All displayed prices includes the German sales tax. If you are a private customer outside the EU (for exsample Switzerland or USA), the German sales tax (in the moment 19 %) will be not invoived. But therefore you have to pay all tax or custom costs from your conutry. All prices include free shipping for orders in Germany and neighbour countries. The customer can pay by creditcard or by invoice in advanced with 3 % extra discount). For orders of 2,500 Euros or more, the method of payment has to be agreed upon before the conclusion of the contract and delivery. We reserve the right to exclude certain types of payment. The payment is only considered received once we have the payment at our disposal.

2. We reserve the right, despite specifications from the customer otherwise, to first charge payments to already existing debts. If costs and interest have already accrued, we reserve the right to charge the payment to the costs first, then to the interest and lastly to the main bill.

3. After the receiving of the goods and services, the customer obligates him/herself to pay the balance within 10 days. After this term has expired, the customer defaults. During the period of defaulting, the consumer must pay interest on a debt in the amount of five percent more than the base lending rate. While the entrepreneur is in default, it must pay interest on a debt in the amount of eight percent above the base interest rate. We reserve the right to substantiate a higher amount of interest damages as a result of the default and to put it into effect.

4. The customer has the right to offset payment, provided his counterclaim has been legally ascertained or recognized by us. The customer can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship.

1. In the case of consumers, the risk of incidental loss or damage of purchased goods, also in the case of mail orders, passes to the consumer once the goods have been delivered.

2. In the case of entrepreneurs, the risk of incidental loss or damage of goods passes to the entrepreneur once the goods have been delivered. In the case of mail orders, the risk passes to the entrepreneur on the delivery of goods to the shipper, the carrier or the person otherwise assigned to ship the order.

3. The delivery of goods is deemed to have taken place, even when the costumer has delayed acceptance of the goods.

1. For the execution of a cure, consumers have the choice between a rectification (of defects) or a replacement delivery. We reserve the right to reject the chosen form of cure when it’s execution is only possible with disproportional costs and the other kind of cure is without substantial disadvantages for the consumer. In the case of entrepreneurs, initially we choose either a rectification or a replacement delivery to compensate for product defects. 

2. Should the cure fail, the customer can fundamentally request a reduction of payment (abatement) or a cancellation of the contract (withdrawal). However, the customer is not entitled to withdraw in the case of only minor defects. 

3. Entrepreneurs have to report (in writing) obvious defects within a week of the delivery’s arrival. Otherwise, the warranty is not valid. To meet the deadline, a timely sending of this notice will suffice. The entrepreneur is completely responsible for providing evidence that his/her claim is justified, especially for the defect itself, for the time of ascertainment of the defect and for the timely notice of defect.

 4. The warranty for consumers has a duration of two years after the delivery of the goods. The warranty for companies is one year after the delivery of the goods. For used items, there is a warranty of one year. The one year warranty  does not apply if we are guilty of gross negligence as well as in the case of traceable health-related damages or loss of life of the customer. Our liability outlined in the Product Liability Act remains unaffecte.

1. In the case of neglect of duty, our liability is limited to the predictable, typical (for this type of contract) and direct average damages. This also applies to neglect of duty of our legal representatives or assistants. In the case of entrepreneurs, we are not liable for negligence with regards to insignificant contractual obligations.

2. The following liability restrictions do not affect the customer’s right to product liability. Furthermore, the limitation of liability does not apply in case of bodily injury or other damage to health which is attributable to us, nor does it apply in case of the death of the customer.

3. We are not responsible for the foreign content of websites, the links to which we provide. We do not embrace the foreign contents of these sites. If it comes to our attention that these external websites contain any unlawful elements, we will immediately block access to these sites.

4. The customer indemnifies us from all harm that could occur to us as a third party as a result of damaging actions by the customer, regardless of whether or not these are intentional or accidental.

1. When the opportunity to enter personal or professional information (e-mail, name, address)  arises in the course of using our site, the divulging of this information is absolutely voluntary on the side of the customer. Provided it is technically possible and reasonable, the usage and payment of all services offered are also available without this information, for example, through the use of anonymous information or a pseudonym.

2. The customer explicitly determines the collection, processing and use of personal information. All customer data is saved and processed according to the appropriate regulations of the Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). At all times, the customer has a right to cost-free information, correction, locking, and deletion of all saved information. Markanto does not provide your personal information (including address and e-mail address) to any third party without your explicit permission, which may be revoked at any time. Exceptions to this rule are our partners, who need the information for the carrying-out of your order (for example, the shipping company responsible for the delivery, or in the case of direct deliveries, the respective manufacturer). However, in these cases, the amount of information transferred is limited to the required minimum.

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude a contract for professional or commercial reasons, this choice of applicable law applies only insofar as the provided protection by compulsory legal regulations of the state, in which the consumer has his/her permanent residence, is withdrawn.  The specifications of the UN sales law do not apply.

2. In the case that the customer is a tradesman, a legal person of public law or a special fund under public law, the place of jurisdiction with respect to all of these contractual contentions is our business location.

3. Should individual specifications in the contract with the customer (included in these general terms and conditions) become partially or completely invalid, the validity of the rest of the specifications remains unaffected. The completely or partially invalid regulation should be replaced by a regulation that is as close as possible to the economic success of the invalid regulation.

Markanto Designklassiker Sven Vorderstrase
Neusser Straße 182
50733 Köln, Germany
Tel: +49 (0) 221 972 39 20 (Mo-Fr 9.00-18.00)
Fax: +49 (0) 221 12 01 49
Email: info@markanto.de