Terms of service
INFORMATION ON THE CONCLUSION OF THE CONTRACT, SHIPPING AND DISTANCE SALES
1. Contractual partner:
Your contractual partner for all orders concluded on the website www.maglite.eu is:
MAG-EUBAMA GmbH & Co. KG, Saline 14, 78628 Rottweil, Germany (hereinafter also "MAG-EUBAMA", "we" and "us").
Further information can be found in our imprint.
2. Conclusion of contract:
2.1 The presentation of the goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
2.2 Orders can only be accepted from customers who have reached the age of 18. Orders are only accepted via the online shop. Unfortunately, we cannot process orders by telephone, fax, letter or e-mail for technical reasons.
2.3 As part of the ordering process, you first place the desired products in the shopping cart. There you can change the desired quantity or remove selected products at any time. If you have products in your shopping cart, clicking on the "Checkout" button will take you to a page where you can enter your data and shipping address. Then select the shipping and payment method. You can finally check your details again on an overview page. Here you can correct any errors (e.g. regarding payment method, data or the desired quantity) by clicking on "Edit" in the respective field. If you want to cancel the ordering process completely, you can simply close your browser window.
2.4 The availability of the goods is indicated in the online shop. We usually ship available goods within 3 working days after payment received. If no copies of the selected product are available at the time of the order, we will inform you of this immediately in the order confirmation at the latest. If the product is permanently unavailable, we will refrain from a declaration of acceptance. A contract is not concluded in this case.
2.5 By clicking the final "pay now" button in the last step of the ordering process, you make a binding offer to purchase the goods displayed in the order overview. You will receive an order confirmation immediately after sending the order, but this does not yet represent acceptance of your order. A contract between you and us is formed as soon as we accept your order and/or booking by a separate email or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.
2.6 The contractual provisions with information about the order, including these general terms and conditions and the cancellation policy, will be sent to you by email with the acceptance of the contract offer or with the notification of this.
2.7 The text of the contract is not stored by us and cannot be called up after the order process has been completed. However, when ordering via the website, you can print out your order data immediately after sending the order. The final contract is in German. Before sending your order, i.e. before clicking the "Buy now" button, you will be given the opportunity to identify and correct input errors. Please check your order carefully.
3. Shipping Information:
3.1 We will send your order to you within approx. 2 to 5 working days after receipt of payment. If the item is individually made for you, e.g. with an engraving, the delivery time may be longer.Please contact us in advance.
3.2
a) Deliveries within the Federal Republic of Germany
1. For every order up to EUR 10, including VAT and delivery address, we charge a shipping fee of EUR 3.95 including VAT.
2. For orders over EUR 10, including VAT and delivery address, we charge a shipping fee of EUR 5.95 including VAT.
b) Deliveries to Austria, the Netherlands, France, and Italy
1. For every order up to EUR 10, including VAT and delivery address, we charge a shipping fee of EUR 5.95 including VAT.
2. For orders over EUR 10, including VAT and delivery address, we charge a shipping fee of EUR 14.95 including VAT.
If we have to deliver an order in several parts for technical reasons, shipping costs only apply once. Delivery is with DHL. Delivery to DHL Packstations is possible.
In the case of tax-free intra-community deliveries in accordance with Section 4 No. 1b UStG, the above-mentioned shipping costs will correspond to the net amounts.
4. Payment processing information:
4.1 All prices are subject to change without notice. All orders received by maglite.eu are deemed to be at the prices in effect at the time of order confirmation.
4.2 All prices in our online shop include the applicable statutory sales tax.
4.3 The purchase price is due immediately upon conclusion of the contract. Payment for the goods is made via the selected payment service provider.
4.4 The goods remain our property until full payment.
4.5 We offer payment via MasterCard, Visa and American Express credit cards. You must provide the necessary information so that your order can be processed. Your credit card will then be charged.
4.6 We offer the payment method via your Paypal account. You must provide the necessary information so that your order can be processed. This will then be charged.
4.7 We offer the payment method in advance. You must transfer the entire order amount immediately in advance and provide the necessary information so that your order can be processed. As soon as we have received the complete order value including shipping costs, we can process your order. We reserve the right to cancel your order if we have not received payment within 7 days.
4.8 In order to protect against credit risk, MAG-Eubama checks your creditworthiness for the payment method. If your credit check is negative, we reserve the right not to conclude the contract with you.
INFORMATION ON THE RIGHT OF WITHDRAWAL:
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract in its entirety within fourteen days without giving any reasons.
According to Section 312g Paragraph 2 No. 1 BGB, you do not have the right of withdrawal if goods are made specifically for you as a customer or tailored to your personal needs, such as individual engraving.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us MAG-EUBAMA GmbH & Co. KG, Saline 14, 78628 Rottweil, Germany, email: service[@]maglite.eu, by means of a clear statement (e.g. a letter sent by post, Fax or email) about your decision to revoke this contract, completely and not in part. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
CONSEQUENCES OF CANCELLATION
If you revoke this contract, we must repay all payments we have received from you, including delivery/shipping costs, immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract . For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over all goods under the contract to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
SAMPLE CANCELLATION FORM
(If you want to revoke the contract, please fill out this form and send it back)
-To
MAG-EUBAMA GmbH & Co. KG
Saline 14
78608 Rottweil, Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
_______________________
(*) Cross out what is not applicable.
You are also welcome to use our downloadable form (link) voluntarily and optionally.
ADDITIONAL NOTICES
In the event that you send the goods back to us, we ask that you use the original packaging if you still have it.
You do not have a right of withdrawal if goods are manufactured specifically for you as a customer or tailored to your personal needs.
GENERAL TERMS AND CONDITIONS FOR CONSUMERS
1. Applicability, Contract Language
1.1 These terms and conditions (ToS/AGB), in the version valid at the time of the order, apply to the transactions between you and MAG-EUBAMA GmbH & Co. KG, Saline 14, 78628 Rottweil, Germany (hereinafter also "MAG-EUBAMA", " we" and "us") contracts concluded via this online shop.
1.2 The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text takes precedence.
1.3 Our offer is aimed exclusively at consumers (§ 13 BGB). Please contact us if you are acting in a commercial or self-employed capacity or if you represent a legal entity under private or public law or a public special fund.
2. Conclusion of the contract
2.1 The presentation of the goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
2.2 By clicking on the "pay now" button in the last step of the ordering process, you make a binding offer to purchase the goods displayed in the order overview. A contract between you and us is formed as soon as we accept your order and/or booking by a separate email or dispatch the goods. If the product is permanently unavailable, we will refrain from a declaration of acceptance. A contract is not concluded in this case.
3. Custom engravings
3.1 No claim for a refund or exchange can be made for engraved products once the order has been accepted by us. By submitting the order you authorize MAG-Eubama GmbH & Co. KG to produce the engraving(s) confirmed upon order acceptance for your unique order. You, as the buyer, acknowledge that this order is for goods that are for you alone, i.e. order-related, and that you have requested and confirmed this. The order cannot be revoked or canceled.
3.2 You may not adapt a Product to contain any content that you do not have a legal right to use (e.g. a registered trademark), or that is defamatory, obscene, profane, inflammatory, threatening or otherwise unlawful or offensive ; including, for example, “hate speech” – i.e. H. Language that invites contempt or ridicule, or promotes intolerance, discrimination, or other harm to any person or group based on race, ethnicity, color, creed, national origin, gender, or sexual orientation. MAG-Eubama GmbH & Co. KG reserves the right to reject any request for customization at its sole discretion for any reason, including without explanation.
4. Trade-In Program
4.1 If you successfully participate, send the working MAGLITE® flashlight (without batteries) that you have previously advised to MAG-Eubama GmbH & Co. KG, Saline 14, 78628, Rottweil, Germany, thereby giving us ownership of the flashlight. In return, you will receive a special discount on a new LED flashlight from MAGLITE® that you want. We have the right to offer a different flashlight model at any time without giving reasons.
4.2 Successful participation is characterized by the fact that you accept our offer, pay for your order in advance and send the requested flashlight (without batteries) to us, or we receive the flashlight and thus ownership of the flashlight passes to you passes over to us. Only after receipt of the advance payment and the flashlight/property are we obligated to ship the new LED flashlight to you (free shipping). If you subsequently make use of your 14-day right of return, we will refund the order amount in accordance with our cancellation conditions. However, the flashlight that comes to us remains our property.
5. Registration in our online shop
You can order goods or services in our online shop as a registered user. As a registered user, you do not have to provide your personal data every time. When you register, you choose a personal username and password. Please keep your password secret and do not share it with third parties. Registration does not oblige you to buy.
6. Terms of payment, retention of title
6.1 All prices in our online shop include the applicable statutory sales tax.
6.2 The purchase price is due immediately upon conclusion of the contract. The goods are paid for via the selected payment service provider. For more information about the payment process, see Payment Processing Information.
6.3 The goods remain our property until full payment.
7. Delivery
7.1 We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice. The buyer bears the shipping costs.
7.2 The delivery is made by the delivery service and under the conditions that are displayed to you in the ordering process. The delivery area is limited to the Federal Republic of Germany, Austria, the Netherlands, France and Italy.
8. Warranty and Right of Withdrawal
8.1 You are entitled to the statutory warranty rights.
8.2 As a consumer, you may have a statutory right of withdrawal. See the Right of Withdrawal section for more information.
9. Limitation of Liability
9.1 We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
9.2 In other cases, we are only liable - unless otherwise regulated in Section 9.3 - in the event of a culpable breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), viz limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 9.3.
9.3 Our liability for damage resulting from injury to life, limb or health, in the case of a guarantee or agreement on the quality of the item and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9.4 The above limitations of liability also apply accordingly in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
10. Jurisdiction; online and alternative dispute resolution; severability clause
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention if
a) you have your habitual residence in Germany, or
b) Your habitual residence is in a country that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
10.2 If you had your domicile or habitual abode in Germany when the contract was concluded and either relocated from Germany at the time we filed a lawsuit or your domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Rottweil, Germany.
10.3 The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. We are neither obliged nor willing to participate in a dispute settlement procedure under the Consumer Dispute Settlement Act (VSBG).
10.4 Should individual provisions of this contract be ineffective, the rest of the contract shall not be affected thereby.