CGV | MAGNAT Onlineshop

General Terms & Conditions of Business (GTCB)

Version of May 2019

1)Scope
All orders via our Online Shop are subject to the following GTCB.

2) Contractual partner
Our Online Shop is aimed exclusively at private individuals who conclude a legal transaction for purposes that are predominantly not attributable to either their commercial or independent professional activity (“Consumer”). Sales to business people are excluded.

3)Conclusion of contract
The presentation of the products in the Online Shop does not constitute a legally binding offer but, rather, a non-binding online catalog. You can first put our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools that are provided and explained in the ordering process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart (“Offer”). This offer is binding on you for 10 working days. By placing the order, you also accept these GTCB.

Confirmation of receipt of your order is sent by email immediately after your order is sent. This email is sent automatically and does not represent a declaration of acceptance on our part.

A contract only materializes once we acknowledge our express acceptance of your order (acceptance declaration, order confirmation or shipping confirmation) or the goods are dispatched. If we do not declare acceptance of the contract within 10 working days, no contract is concluded.

4. Contract text storage
We store the text of the contract and send you the order data and our GTCB by email. You can view the text of the contract in our customer login.

5) Delivery terms
We deliver free of shipping costs within Germany. We deliver by way of dispatch only. Collection by the customer is unfortunately not possible.

6) Payment
The following payment methods are available to you in our shop.

a) PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To enable payment of the invoice amount via PayPal, you must already be registered or first register there, validate this with your access data and give us confirmation of the payment instruction. After the order has been placed in the shop, we request PayPal to initiate the payment transaction. The payment transaction will then immediately be processed by PayPal automatically. You will receive further information during the ordering process.

b) PayPal Plus
As part of the PayPal payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and confirm the payment order to PayPal.

i)PayPal Plus: Credit card
If you have opted for the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. Immediately after confirmation of the payment order and validation that you are the legitimate card holder, the payment transaction will be executed by your credit card company at PayPal’s request and charged to your card . You will receive further information during the ordering process.

ii) PayPal Plus: Lastschrift
If you have opted for the direct debit payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. By confirming the payment order, you issue PayPal with a direct debit mandate. PayPal will inform you of the date of debit from the account (pre-notification). Upon submitting the direct debit mandate immediately after confirmation of the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction is then processed and charged to your account. You will receive further information during the ordering process

iii) PayPal Plus: Invoice
If you have opted for the invoice payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. Following a successful address and credit check and placement of the order, we assign our claim to PayPal. In this case, you can only make payment to PayPal with a debt-discharging effect. You can find further information and PayPal’s full GTCB for payment on account here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Payment processing via PayPal is subject to PayPal’s GTCB and privacy policy – in addition to our GTCB.

c) c)Off-set exclusion
The offsetting of claims that you might be entitled to is excluded insofar as your claim to be offset is not uncontested or recognized by declaratory judgment.

Right of return

a)For all orders via our Online Shop, we grant you, in addition to the statutory right of withdrawal, a voluntary right of return, which you can exercise within 4 weeks of receiving the goods. This means you can also terminate the contract after expiry of the 14-day withdrawal period by returning the goods to us (trans-o-flex Logistik-Service GmbH, Ernst-Heinrich-Geist 9 - 11, 50226 Frechen / Germany) within 4 weeks of receiving them. Punctual sending of the goods is deemed sufficient to comply with the deadline.

b) The right of return can only be exercised if the goods are still complete and in their original packaging and are in unused and undamaged condition. Goods that have been specially made to the customer´s specifications cannot be returned.

c) The voluntary right of return granted under the contract does not affect your statutory rights and entitlements. In particular, your statutory right of withdrawal and your statutory warranty rights are fully preserved without any restriction.

8. Reservation of title
The goods remain our property until full payment has been made.

9. Transport damage
If goods are delivered with obvious transport damage, please lodge a complaint about such defects with the delivery agent as soon as possible and contact us without delay. Failure to file a complaint or make contact does not have any consequences at all for your statutory entitlements and their enforcement, in particular your warranty rights. By doing so, however, you help us to be able to assert our own claims against the carrier or transport insurer.

10. Warranty and guarantees

a) a)For consumers, the limitation period for claims for defects when purchasing new goods is 2 years from the date on which the item was delivered to the customer. For used goods, the limitation period for claims for defects is one year from the date on which the item was delivered to the customer

b) In addition to the statutory warranty rights, you may have entitlements arising from independent guarantees if a corresponding agreement has been made. Information concerning any applicable additional guarantees and their exact conditions can be found in the product description. The guarantee conditions are also enclosed with the delivered item.

11) Liability

a)a)For claims due to damage caused by us, our legal representatives or vicarious agents, we assume unlimited liability in each case in the event of injury to life, body or health, willful or grossly negligent breach of duty, guarantee commitments, where agreed, or insofar as is covered by the scope of the product liability law

b) In the event of a breach of essential contractual obligations, the fulfillment of which enables the due and proper execution of the contract at all and compliance with which may regularly be relied on by the contractual partner, (cardinal obligations) caused by ordinary negligence on our part or on the part of our legal representatives or vicarious agents, liability shall be limited in terms of the amount to the loss or damage, the occurrence of which should typically be expected and was foreseeable at the time of concluding the contract.

c) Any claims for damages or compensation are otherwise excluded

12) Concluding provisions

a) a)Contracts between ourselves and yourselves are subject to the laws of the Federal Republic of Germany, with the exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and applicability of mandatory regulations, especially in the state where the customer, as the consumer, has his/her habitual residence, are not affected.

b) b)We process your personal data in accordance with our privacy policy, which you can find here: Datenschutzerklärung einsehen können.

c) c)Should any provision contained in these General Terms & Conditions of Business or a contract concluded in connection with these General Terms & Conditions of Business prove to be partially or fully null and void, this shall not affect the validity of the remainder of these General Terms & Conditions of Business or the contract concerned. The parties agree to replace the ineffective provision with one that comes closest to the original intention in economic terms.