General Terms and Conditions
1. Scope of Application
Our online shop is intended exclusively for other businesses (B2B).
In addition to verifying your business status during the ordering process, we are entitled to request proof of your business status by submitting suitable and current documents, e.g., a commercial register extract or business registration.
These terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Magna-C GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive a confirmation email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: English, German.
We will store the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery
Shipping costs are added to the product prices indicated. You can find more details about the shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself. We do not deliver to packing stations.
5. Reservation of self-supply
If the product you have ordered is not available from us because we have not been supplied by our reliable supplier through no fault of our own despite placing an identical order, we will inform you of this immediately in the order confirmation. We shall then be released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will refund these immediately.
6. Payment
You agree to receive all invoices by email. This consent can be revoked at any time. In the event of late payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate and a flat fee of 40 euros. Further claims remain unaffected by this.
The following payment methods are generally available in our shop:
Prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process.
Invoice
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.
7. Retention
We retain title to the goods until all claims arising from a current business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, irrespective of any combination or mixing of the goods subject to retention of title with other items, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
If you combine, mix, or process the reserved goods with other items, we shall acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of combination, mixing, or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.
8. Transport damage
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier, or the other person or institution designated to carry out the shipment.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty or malice
- in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- to the extent that the scope of application of the Product Liability Act is opened.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
Provisions for merchants
The obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies between merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
10. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, limb, or health
- in the event of intentional or grossly negligent breach of duty
- in the event of warranty promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act is opened.
Otherwise, claims for damages are excluded.
11. Code of conduct
We have submitted ourselves to the following codes of conduct:- Trusted Shops quality criteria - https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
12. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Status: 07.2022