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. 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.
3.2 For each order and delivery address, we calculate shipping costs for deliveries within the Federal Republic of Germany in the amount of EUR 6.95 incl. VAT. If, for technical reasons, we deliver your order in several parts, shipping costs only apply once. Delivery is with DHL. Delivery to DHL Packstations is possible.
4. Payment processing information:
4.1 All prices in our online shop include the applicable statutory sales tax (VAT).
4.2 The purchase price is due immediately upon conclusion of the contract. The goods are paid for via the selected payment service provider.
4.3 The goods remain our property until full payment.
4.4 We offer the payment method via the credit cards MasterCard, Visa and American Express. You must provide the necessary information so that your order can be processed. Your credit card will then be charged.
4.5 We offer the payment method via your Maestro (card). You must provide the necessary information so that your order can be processed. This will then be charged.
4.6. We offer payment in advance. You must transfer the full order amount immediately in advance and provide the necessary information so that your order can be processed. As soon as we have received the full 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.
4.7 In order to hedge the credit risk, MAG-Eubama reserves the right to carry out a credit check and to withhold the goods until your creditworthiness has been confirmed or the payment process has been initiated.
INFORMATION ON THE RIGHT OF WITHDRAWAL:
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdraw 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 send us MAG-EUBAMA GmbH & Co. KG, Saline 14, 78628 Rottweil, Germany, email: technical.support[@]maglite.eu , by means of a clear statement (e.g. a sent by post letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF WITHDRAWAL
If you revoke this contract, we will transfer you all payments back that we have received from you, excluding the delivery costs, immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning 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.
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. 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.
4. Terms of payment, retention of title
4.1 All prices in our online shop include the applicable statutory sales tax.
4.2 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.
4.3 The goods remain our property until full payment.
5. Delivery
5.1 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.
5.2 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.
6. Warranty and Right of Withdrawal
6.1 You are entitled to the statutory warranty rights.
6.2 As a consumer, you may have a statutory right of withdrawal. See the Right of Withdrawal section for more information.
7. Limitation of Liability
7.1 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.
7.2 In other cases, we are only liable - unless otherwise regulated in Section 7.3 - 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 7.3.
7.3 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.
7.4 The above limitations of liability also apply accordingly in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
8. Jurisdiction; online and alternative dispute resolution; severability clause
8.1 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.
8.2 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.
8.3 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).
8.4 Should individual provisions of this contract be ineffective, the rest of the contract shall not be affected thereby.
