§1 Scope of application
For all orders at magnettuchhalter.de are the following terms and conditions from:
D-68799 Reilingen, Germany
Exceptional cases are all EBAY transactions at the trading platform EBAY. Here are always valid only the simplified terms and conditions deposited at EBAY (see current version at the EBAY articles Nooria Noor offers).
The relevant version of this terms and conditions at the date of ordering is at any one time valid. Variational arrangements are only valid if they are approved in written form from both contractual partners. Terms and conditions from the buyer particularly for purchasing and payment are not valid if they are contradictory to the terms and conditions of the seller. With his order the buyer expressly agrees with the validity of the terms and conditions of magnettuchhalter.de.
The content of this online shop was carefully recorded. Nevertheless no warranty or liability can be assumed for failures and errors. This does apply to the correct execution and presentation of the web pages, so as well for the mentioned data, stocks and prices. If a failure or error is exposed after ordering you will be informed immediately (within two working days). The buyer has read our safety instructions when buying and has accepted, that magnettuchhalter.de does not assume any liability as a result of inappropriate application of our products. This is also valid concerning the content of other websites, which are linked on our own site.
§3 Privacy statement
With the buyer's handing over of his data magnettuchhalter.de is authorized to record, process and transfer this data to third parties (e.g. post offices, parcel services and banks) as it is necessary for transactional purposes related to the order and according to the German Data Protection Act. After your registration for the newsletter we record your email adress only for our own purpose of advertising and marketing research until your deregistration from the newsletter.
§4 Conclusion of the contract
The placing of the order by the customer is carried out via the shopping cart system of the online shop or in another written form (email, fax, letter). The articles shown inside the online shop are available and can be shipped rapidly. With the order the customer submits a legally binding offer to buy to the seller. In case of an order we will acknowledge the receipt immediately by email or fax. This acknowledgement of receipt does not yet mean a binding order acceptance. After checking the order the customer will get within two working days a binding order confirmation as an email or fax for the conclusion of the sales contract (order status - processed) with all necessary informations or a negative message. In this case all already made payments via PayPal will be repaid directly after the receipt of a payment.
Magnettuchhalter.de reserves the right to withdraw from the contract, if the customer has not paid the ordered articles within 14 days after the receipt of the order confirmation when payment in advance was chosen as the payment method. Claims for indemnification against magnettuchhalter.de due to non-deliveries or delayed deliveries are excluded.
The customer has to make sure, that the email adress which he has stated for the buying transaction is correct and suitable to receive the emails from the seller. Particularly when SPAM-filters are used, the customer has to make sure, that all emails from the seller and his service providers for the buying transaction can be delivered.
§5 Instruction about the right of withdrawal
The right of withdrawal
If the customer is consumer (german: Verbraucher) acc. to §13 German Civil Code (BGB), he can withdraw the distance contract (e.g. via buying online) within two weeks without giving reasons in written form (e.g. letter, email) or by reshipment of the articles. The time limit begins soonest with the receipt of the goods. In order not to exceed the withdrawal time limit the timely dispatch of the withdrawal or the goods is sufficient. The withdrawal has to be adressed to: firstname.lastname@example.org or to the adress mentioned in §1. The right of withdrawal does not exist when ordered goods were produced according to the special wishes of the customer and do not meet exactly the offers of the online shop.
consequences of withdrawal
In the case of an effective withdrawal magnettuchhalter.de repays as a consequence of the withdrawal the paid purchase price to the buyer. If the goods were already dispatched less postal charges for the shipment and after the goods were sent back to magnettuchhalter.de. The goods must be send back at once. If the buyer cannot send them back completely or only partially or in a bad state, he must pay a compensation for this loss to magnettuchhalter.de. According to German law the buyer must pay the reshipment if the delivered articles are in accordance to the ordered articles and if the price of the articles is not higher than Euro 40,- or if the price is higher but the buyer has not yet paid it completely or partly. Alternatively the reshipment is exempt from charges for the buyer. If goods are not send back within the legal admissible time, magnettuchhalter.de does not pay for the reshipment and does not assume the liability for loss or damages.
--- End of the instruction about the right of withdrawal ---
If the buyer, who is not consumer (german: Verbraucher) acc. to §13 German Civil Code (BGB), does not accept the goods, we are authorized to insist upon the acceptance or to demand 10% of the purchase price as a trivialized compensation, unless the buyer demonstrates that the damage has not been occured or only to a minor degree. In the case of an extraordinary high damage we reserve the right to assert it. For the duration of the default of acceptance magnettuchhalter.de is authorized to stock the goods at buyer's risk at his location or somewhere else. During the duration of the default of acceptance the buyer must pay Euro 15,- monthly to magnettuchhalter.de for the incurred storage costs. This blanket allowance will be reduced if the buyer proves that expenses or a damage has not been occured. In the case of extraordinary high storage costs we reserve the right to assert them.
Apparent defects (particularly damages, wrong deliveries or quantity variances) must be communicated to magnettuchhalter.de in written form as soon as possible. An email message to email@example.com is sufficient. Magnettuchhalter.de cannot assure liability for possible incompatibilities: allergies are always multifaceted and specific for each person concerned. The product images as digital photos can differ marginally from the appearance of the delivered products. The delivered goods are regarded as according to contract if they are actually those shown on the images. If the goods show defects, magnettuchhalter.de can remedy them within a reasonable time or send a compensation delivery. If the remedy of defects is not possible after the second complaint or a compensation delivery is not send within four weeks after the complaint, the customer can cancel the purchase or demand a mitigation of the purchase price. Thereby magnettuchhalter.de only pays for the first reshipment. We guarantee that our products are free of defects for two years after delivery. For deliveries to businesses we guarantee it for one year. Exempt from the warranty are damages which occur as a result of natural wear, inappropriate usage and lacking or wrong care. Particularly we want to mention, that for the reduction of the natural wear of galvanic coatings of magnets they should not adhere together directly or for the prevention of damages the should not bang together unmutedly. During application there should always be textiles between the magnets or during safekeeping the provided foam part (or another one). We recommend a safety clearance of at least 10cm between our magnets and other magnetic materials. The distance to other magnets should be higher dependent from their force. On the side where the magnets are glued, so not the visible side during usage, there can occur slight machining traces and the special adhesive is normally visible there because we do not save on it to ensure a optimal bonding. The customer agrees expressly to those optical details of our products with his order.
§8 Prices and terms of payment
For the stocks of goods listed in our online shop the prices to the time of the order are valid. All the stated prices are final prices. Magnettuchhalter.de is a small business acc. to German law (§ 19 Abs.1 UStG) and not subject to VAT/sales taxation. Anyway sales to countries outside the European Union would never include VATs. Buyers outside the customs union of the EU should consider that above a country-specific duty and tax allowance they have to pay customs charges and taxes on imports in their countries when they receive the goods (approximately between 10 and 20%). Of course packing and forwarding charges are calculated additionally dependent from the ordered quantity of goods. The customer pays in advance (by bank transfer), per PayPal, per cash on delivery (only within Germany) or per cash and carry. Outside the EU only PayPal payment is possible. The stipulated invoice value (see order confirmation) must be paid within 14 days after receipt of the order confirmation into the bank account of the seller which was communicated with the order (see as well legal notice website) or must be paid in cash. After receipt of the money the goods will be shipped within two working days or given over personally at the date fixed. The exception are jewelry articles like rings and earrings (category fashion jewelry) which we purchase short-termed at wholesale when ordered (delivery time there 10-14 days). If the customer gets into a delay of payment, magnettuchhalter. de ist authorized to demand default interest in the amount of 5% above the current base lending rate announced by the European Central Bank, unless the customer proves that a less damage has been occured. Prices for goods, which are produced acc. to the special wishes of customers or for retailers and industrial buyers who want to buy in bigger amounts can be defined separately and independent from the prices of the online shop. For retailers and industrial buyers who are not ordering via the online shop other terms of payment than payment in advance can be arranged.
§9 Retention of title
The delivered goods are in rightful ownership of magnettuchhalter.de until the payment is completed. This is also valid when buyers are retailers or industrial buyers. When the behaviour of the buyer is contrary to contract, particularly at delays of payment, the seller is authorized to take back the goods. If this action is because of delays of payment this means always a withdrawal from the contract. After that the seller is authorized to use these goods like he wants. The proceeds of this alternative use are used to reduce the debts of the buyer less expenses for the alternative usage.
§10 Set-off, lien
The right to set-off is only entitled to the buyer, if his counterclaim is accepted by the seller or legally ascertained. The buyer is only authorized to exercise the right to set-off when his counterclaim is based on the same contractual relationship.
§11 Delivery, shipment
Except when otherwise stipulated, the shipment takes place from stock to the adress which was stated by the buyer, at the latest four working days after a payment for the order was registered from the seller (bank transfer or PayPal). The exception are jewelry articles like rings and earrings (category fashion jewelry) which we purchase short-termed at wholesale when ordered (delivery time there 10-14 days). Ordered goods are delivered by post or by parcel service. The transfer of risks to the buyer is when the goods are handed over to the buyer or another authorized person. This is valid as well when it is a partial delivery. Magnettuchhalter.de is entitled to partial deliveries. When there are no previous contractual agreements for that, magnettuchhalter.de must bear the additional costs for it. Statements about the delivery times inside the online shop are without obligation. They are only binding when part of a binding agreement. This is not valid for contracts with retailers or industrial buyers who order independent from the online shop, but these delivery times will be defined separately.
§12 Limitation of liability
Compensation due to a breach of a contractual duty is possible under the legal preconditions and only in the case of intention or gross negligence. The same is valid for claims for damages acc. to the German Product Liability Act.
§13 Applicable law and place of jurisdiction
The business connection between the seller and the buyer is subject of the law of the Federal Republic of Germany excluding the UN-convention on contracts for the international sale of goods (CISG). The place of jurisdiction is Mannheim, Germany if the buyer is independent contractor in terms of §14 German Civil Code.
§14 Severability clause
In the case of doubt always the current German version of this terms and conditions are valid, not the English translation. If one or more regulations in this terms and conditions are totally or partly ineffective, the validity of the other regulations are not tangented thereof. The ineffective regulations are substituted retroactively by regulations which are most similar to the volitional regulation.
Magnettuchhalter.de, the 1st of Mar. 2011