Terms and Conditions

AGB

General Terms and Conditions of Magswitch Technology Europe GmbH

(Terms and Conditions) for online transactions (online shops )

Thank you for your order, which we accept subject exclusively to the delivery and payment terms in accordance with the General Terms and Conditions of Magswitch Technology Europe GmbH for business transactions via the Internet (online shops).

• 1 Scope

(1) These General Terms and Conditions apply to all sales, delivery and service activities of the

Magswitch Technology Europe GmbH

Marie-Curie Str. 12, D-85055 Ingolstadt
Germany
Phone: +49 841 8835440
Fax: +49 841 96309532
Email: MTE@magswitch.com

(hereinafter also referred to as "us/we"), which are processed via online shops operated by us on the internet, in the version applicable at the time of the order. Deviations, additions or changes must be in writing and are considered part of the order only if we agree to them in writing.

(2) The performance of services or deliveries shall in no case constitute acceptance of the Customer’s terms and conditions.

(3) These terms and conditions apply to natural persons or consumers, entrepreneurs, business customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB), legal entities under public law, and special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB). We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.

• 2. Offer and conclusion of contract

(1) By placing your order, you are submitting a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation via email or by delivering the ordered goods.

(2) You will receive confirmation of receipt of your order by email to the email address you provided.

(3) A purchase contract is only concluded upon dispatch of our (order) confirmation by e-mail to you or upon delivery of the ordered goods.

(4) When ordering via our online shop, the ordering process comprises a total of seven [7] steps:

1. In the first step, you select the desired goods via the product pages by using the shopping cart function.
2. In the second step, you find the "checkout" via the corresponding functions of the online shop or via the shopping cart menu item.
3. In the third step, you enter your customer data or billing information and, if applicable, a different delivery address. You have the option to register and create an account or enter the necessary data "as a guest" without registering.
4. In the fourth step, if you have chosen a different delivery address, you can enter it.
5. In the fifth step, you choose how you want to pay.
6. In the sixth step, they select the shipping method.
7. In the seventh step, you have the opportunity to review all the information (e.g., name, address, payment method, ordered items) and correct it if necessary before submitting your order to us by clicking on "Buy".

• 3 prizes

(1) All prices for non-commercial customers and visitors who have not registered and logged in as commercial customers in our online shops are final prices and include the statutory value added tax applicable at the time of invoicing.

(2) All prices for business customers are displayed on our product pages as net prices, provided the visitors have registered and logged in accordingly. These prices do not include applicable VAT.

• 4. Payment terms

(1) Payment of the purchase price is generally due as an advance payment upon conclusion of the contract.

• 5 Shipping costs
• 6. Delivery conditions

(1) The selection of logistics and transport companies is the responsibility of Magswitch Technology Europe GmbH

(2) Provided the goods are immediately available and unless otherwise stated in the offer, we will dispatch them within 2 working days of receiving payment, so that delivery within Germany takes 3-4 working days. For deliveries outside of Germany, but within the European Union, the delivery time may be up to 10 working days.

• 7. Cancellation/Cancellation Policy

(1) Right of withdrawal

1. Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are neither related to their commercial nor their independent professional activity.
2. Entrepreneurs, business customers who are not consumers within the meaning of § 13 BGB, legal entities under public law, special funds under public law within the meaning of § 310 paragraph 1 BGB are excluded from the right of withdrawal.
3. You can revoke your contractual declaration within 14 days without giving reasons in written form (e.g. letter, fax, e-mail) or - if the item is delivered to you before the deadline - also by returning the item.
4. The cancellation period begins after receipt of this notice in text form, but not before receipt of the goods or before receipt of the last partial delivery by the recipient or a third party designated by you (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
5. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires. The cancellation notice should be sent to:

Magswitch Technology Europe GmbH, Marie-Curie Str.12, D-85055 Ingolstadt, Germany
Phone: +49 841 8835440                Fax: +49 841 96309532
Email: MTE@magswitch.com

(2) Consequences of withdrawal

1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
2. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
3. We may refuse to refund your money until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
4. If you are unable to return or surrender the received service and benefits (e.g., advantages of use) in whole or in part, or only in a deteriorated condition, you must compensate us accordingly.
5. You are only liable for compensation for deterioration of the goods and for any benefits derived from their use if the deterioration or use is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning. "Ascertaining the nature, characteristics, and functioning" means testing and trying out the goods as is possible and customary in a retail store.
6. Unless otherwise agreed, we will send you a shipping label for the return of the goods.
7. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract or receive the return shipping label. The deadline is met if you send the goods before the fourteen-day period has expired.
8. We reserve the right to choose the parcel service provider and shipping method.
9. We will bear the costs of returning the goods.

(3) Exclusions from the right of withdrawal

1. The right of withdrawal does not exist.
2. in the case of deliveries of goods that are manufactured according to customer specifications or are clearly tailored to personal needs, or which, due to their nature, are not suitable for return, or which can spoil quickly or whose expiry date would be exceeded.
3. in the case of delivery of audio or video recordings or software or software media, provided that the delivered data carriers have been unsealed by the consumer.

(4) Return of storage media

1. Please note the following information before returning devices containing storage media (e.g., hard drives, USB sticks, etc.):
2. You are responsible for backing up your data. Please create appropriate backups or delete any personal data contained within. This is particularly important if personal data of third parties is stored.
3. If deletion is not possible due to a defect, we ask that you explicitly inform us of the presence of personal data.

(5) End of the cancellation policy

• 8 Retention of title

(1) We retain title to the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly invoke this right. We are entitled to take back the goods if the buyer breaches the contract.