Terms & Conditions

General Terms and Conditions of Sale

Scope of Application

These terms and conditions apply to all purchases made from M.K. Trinity by customers.

Conclusion of Contract

The presentation of our goods and the granting of the opportunity to place an order constitute a concrete offer on our part to conclude a purchase contract. By placing your order, you accept the offer, and the purchase contract is concluded. You will receive an order confirmation by email to the email address you provided.

Prices and Shipping Costs

The prices quoted are final prices including value-added tax (VAT). The amount valid at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find details under the Shipping Policy.

Payment

Payment is made before delivery via:

• Bank transfer
• PayPal
• Credit card

Right of Retention

The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer, within:

• Germany
• Europe
• Rest of the world

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, M.K. Trinity's obligation to perform is excluded. Payments already made will be refunded by M.K. Trinity immediately.

(3) M.K. Trinity may also refuse performance if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract. Payments already made will be refunded by M.K. Trinity immediately.

Retention of Title

The delivered goods remain the property of M.K. Trinity until all claims against the customer arising from the purchase contract have been paid in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually grant third parties any use of the goods.

Rights in Case of Defects

(1) A product that is already defective upon delivery (warranty case) will, at the customer's discretion and at the expense of M.K. Trinity, be replaced with a defect-free product or professionally repaired by M.K. Trinity (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. In particular, a warranty case does not exist in the following cases:

a) for damage caused by the customer through misuse or improper handling,

b) for damage caused by the products being exposed to harmful external influences at the customer's premises (in particular, extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) Furthermore, M.K. Trinity does not warrant for a defect caused by improper repair by a service partner not authorised by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that, considering the product price and taking into account the content of the contract and the principles of good faith, is grossly disproportionate to the customer's interest in performance – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer's claim is limited to the respective other type of subsequent performance. M.K. Trinity's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of both repair and replacement delivery, the customer is obliged to send the product to the return address specified by M.K. Trinity at M.K. Trinity's expense, stating the order number. Before sending the product, the customer must remove any items they have inserted into the product. M.K. Trinity is not obliged to inspect the product for the installation of such items. M.K. Trinity is not liable for the loss of such items unless it was readily apparent to M.K. Trinity upon return of the product that such an item had been inserted into the product (in this case, M.K. Trinity will inform the customer and hold the item ready for collection by the customer; the customer shall bear the resulting costs). No liability is assumed for data loss.

(5) If the customer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of the benefits they have derived. The customer must provide compensation for the loss or further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods not caused by the defect, in the period between delivery of the goods and return of the goods. The customer does not have to provide compensation for the deterioration of the goods caused by their intended use. The obligation to provide compensation for a defective product returned under warranty also does not apply if:

a) the defect entitling the customer to withdraw from the contract only became apparent during processing or modification,

b) M.K. Trinity is responsible for the deterioration or loss, or the damage would have occurred at M.K. Trinity even if the goods were returned on time, c) the deterioration or loss occurred at the customer's premises even though the customer exercised the diligence they usually apply in their own affairs.

(6) The customer's obligation to pay damages in the event of a breach of the return obligation for which the customer is responsible is governed by the statutory provisions.

(7) At their discretion, the customer can withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period.

(8) In addition, claims against the manufacturer may also exist under a guarantee granted by the manufacturer, which are governed by the corresponding guarantee conditions.

Liability

(1) In the event of slight negligence, M.K. Trinity shall only be liable for breaches of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb, or health. M.K. Trinity shall not be liable for other damage caused by a defect in the purchased item due to slight negligence.

(2) Regardless of any fault on the part of M.K. Trinity, M.K. Trinity's liability for fraudulent concealment of a defect or arising from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute the assumption of a guarantee by M.K. Trinity.

(3) M.K. Trinity is also responsible for the accidental impossibility of delivery occurring during its delay, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of M.K. Trinity's legal representatives, vicarious agents, and employees for damage caused by them through slight negligence is excluded.

Applicable Law

The contract concluded between you and M.K. Trinity is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.

Place of Jurisdiction

If, contrary to your statements when placing the order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after conclusion of the contract, or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Stuttgart, Germany.

Dispute Resolution

General information obligations regarding alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the validity of the remaining provisions of the contract, insofar as this does not unreasonably disadvantage a contracting party.

(2) Amendments or supplements to this contract must be made in writing.