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Conditions of Use

Terms of Service

MAGNETOS Online-Shop - General Terms and Conditions (GTC) with consumer information
§ 1 Scope and contracting party

    These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the operator of the MAGNETOS online shop in Austria. As part of the ordering process, you accept the terms and conditions in the version valid at the time of placing the order.
    Operator of the online shop and your contract partner is:
    MAGNETOS
    Günther Burggraf
    Freistädterstrasse 82, 4040 Linz
    E-Mail: office@magnetos.at
    Telephone number: +43 677 62893564 (regular landline tariff of your telephone provider, mobile phone tariff may differ)
    Our product range in the online shop is aimed exclusively at consumers in the sense of the Consumer Protection Act (KSchG), who have their habitual residence and a delivery address in Austria.

§ 2 Conclusion of contract

    Our product presentation in the online shop does not yet contain a binding offer for sale. The offer to conclude a purchase contract is assumed by you as a customer, by clicking on the button "buy now" after complete completion of the order page, or by placing an order by phone.
    You remain bound to this order for 1 week, ie. the contract is binding if we accept your order within this period.
    After the order, you will receive an automated e-mail confirming the receipt of the order from us, but this does not constitute acceptance of the contract (order confirmation). The contract acceptance we declare by a separate E-Mail, as soon as the commodity leaves our camp (dispatch confirmation) or at the latest by delivery of the commodity. This also applies if you have paid the purchase price before the conclusion of the contract due to the payment method you have chosen or have instructed you to pay. As far as we can not accept your order in exceptional cases due to lack of goods availability or the contract does not come about for other reasons, we will of course reimburse the advance payment immediately.
    If your order includes multiple items, the contract will only come into effect on those items that are expressly listed in our shipping confirmation.
    Your statutory right of withdrawal (see § 6) remains unaffected by the above provisions in any case.
    For security reasons, each order process is limited to a maximum order value (without additional costs) of 150, - Euro.
    The contract is concluded in German. The contract text is not stored on our internal systems. Further information on the technical steps of the conclusion of the contract can be found on the information pages of our online shop.

§ 3 prices and additional costs

    The prices quoted in our online shop include VAT and all other price components. They are in Euro and plus the additional costs listed below.
    We deliver exclusively to delivery addresses within Austria. For an order value less than 24 €, we charge a shipping fee of 4.20 €, with an order value of 24 € and more, we charge a shipping fee of 6.99 €, regardless of the number of packages. If you make use of your statutory right of revocation for only a few of the goods you have ordered, you shall be required to pay the delivery charges according to sentence 2 in the amount that would have been incurred if you had ordered only the goods remaining with you.
    In case of a cancellation we bear the direct costs of the return, if the return within Austria takes place. In all other cases, especially when returning from abroad, you bear the direct costs of the return.

§ 4 Payment and retention of title

    Payment of the purchase price is made either by advance transfer (prepayment), purchase on account, credit card (VISA or Mastercard) or electronic payment service (PayPal).

    a) Purchase on account
    When purchasing by invoice, the invoice amount is due for payment on the calendar day specified on the invoice (14 calendar days after the invoice date) on the account specified in the invoice. The method of purchase on account does not apply to all offers and requires, among other things, a successful credit check by Billpay GmbH, possibly as a service provider of a factor working with Billpay. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment will be processed in cooperation with Billpay GmbH and possibly with a factor working with Billpay, to whom we assign our payment claim. In this case, you can only blame Billpay or the factor
make a liberating effect. We also remain responsible for general customer inquiries (for example regarding the goods, delivery time, dispatch), returns, complaints, revocation declarations and consignments or credits.
    Invoice claims are due for payment on the calendar day specified in the invoice (term of payment). If you do not meet your payment obligation or not completely within the term of payment, you will be in default without further reminder and will have default interest of 10% p.a. to pay. The dunning procedure is handled by the Billpay GmbH, possibly on behalf of the working together with Billpay Factor, which are entitled to per reminder a dunning fee of up to EUR 15.00 and other fees, in particular the cost of a possible collection procedure or with of the recovery of the lawyer charged to charge. The assertion of further rights and claims remains unaffected. Your incoming payments will be credited to the oldest debt. Furthermore, Billpay may in the future refuse to process the payment of purchase contracts, also in relation to other traders. If you are in default with Billpay or the factor with any payment obligations, all existing receivables of Billpay will be due immediately.
    b) Advance transfer and payment by credit card
    In the advance transfer, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is due for transfer immediately and must be credited to our account within 5 days at the latest. The contract is reserved in accordance with § 2 para. 2. When paying by credit card, your credit card will be charged when the goods leave our warehouse.
    Invoice claims for purchase on account are due for payment on the calendar day specified in the invoice (payment target). Claims from the purchase by direct debit are due immediately for payment by you. If you do not meet your payment obligation or not completely within the term of payment, you will be in default without further reminder and will have default interest of 10% p.a. to pay. The dunning procedure is handled by the Billpay GmbH, possibly on behalf of the working together with Billpay Factor, which are entitled to per reminder a dunning fee of up to EUR 15.00 and other fees, in particular the cost of a possible collection procedure or with of the recovery of the lawyer charged to charge. The assertion of further rights and claims remains unaffected. Incoming payments of the customer will be credited to the oldest debt. Furthermore, Billpay may in the future refuse to process the payment of purchase contracts, also in relation to other traders. The General Terms and Conditions of Billpay GmbH apply
    If you are in default of payment, we can charge interest at the rate of 8 percent per annum or demand a delay damage fee of 4, - Euro. We are also entitled to charge you a lump sum of 30, - € for chargeback costs and our expenses, if the amount to be paid by you, especially for lack of sufficient credit card or account coverage, can not be finally credited and is therefore charged back. The above damage flat rate only applies if we do not prove a higher or a lower damage in the individual case. Further legal rights remain unaffected.
    You can only set off your claims against our claims when we have acknowledged your claims, they have been legally established, they are legally related to our liabilities or we should be insolvent. You may withhold your payments only if we fail to perform our services under the same contractual relationship, or if the provision of our services under the same contractual relationship would be jeopardized by our poor financial circumstances.
    Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price including any incidental costs) we reserve the ownership of the delivered goods in any case. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the ownership of the purchased object until all outstanding claims arising from the business relationship with you have been settled. The corresponding security rights are transferable to third parties. Exceptional disposals such as Pledging or assignment as security si
nd inadmissible. In case of processing, mixing or combining the reserved goods with other material, we acquire co-ownership of the resulting products in proportion of the value of the reserved goods to that of the other material. In the event of seizure of the reserved goods, you must immediately inform us and assist us in securing our rights and to reimburse us for all costs incurred in this regard, in particular those in connection with an objection process.

§ 5 delivery and delivery times

    The goods are delivered via our central warehouse / logistics center in Linz, where the place of performance is also. Delivery area and shipping costs are regulated in § 3 para 2.
    The delivery times specified in the online shop or our shipping confirmation according to § 2 para. 2 are calculated from the time of our order confirmation, but in the case of payment by advance transfer, not before the invoice amount has been credited to our account. If a delivery time is not specified by us or not agreed otherwise, this is regular. 3-4 work days.

§ 6 Right of Withdrawal

1. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which we inform you as follows:

RIGHT OF WITHDRAWAL

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

Magnetos - Burggraf Günther
Freistädterstrasse 82
4040 Linz


E-Mail: office@magnetos.at
Telephone: 0677 628 93 564 (regular landline tariff of your telephone provider, mobile phone tariff may differ)

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. If you make use of your statutory right of revocation for only a few of the goods you have ordered, you must bear the delivery costs in the amount that would have been incurred if you had ordered only the goods remaining with you. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract

Magnetos Burggraf Günther
Freistädterstrasse 82
4040 Linz, Austria

to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days.

In case of a cancellation we bear the direct costs of the return, if the return within Austria takes place. In all other cases, especially when returning from abroad, you bear the direct costs of the return.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

END OF REVOCATION

2. Sample for the withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)

At:
MAGNETOS - Burggraf Günther
Freistädterstrasse 82
4040 Linz, Austria

E-Mail: office@magnetos.at

    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 the consumer (s)
    Address of the consumer (s)
    Signature of the consumer (s) (only when notified on paper)
    date


    (*) Wrong
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