SCOPE OF APPLICABILITY: All our business relationships are based on the following General Terms and Conditions – hereinafter referred to as GTC. Deviating general terms and conditions of customers are not recognized and do not become part of the contract. If these GTC refer to consumers, the relevant provisions shall apply exclusively to consumers who are subject to the Consumer Protection Act. The provisions in the GTC shall apply insofar as no mandatory provisions (e.g. of the Consumer Protection Act) contradict them.

OFFER – CONCLUSION OF CONTRACT: All offers are subject to change and do not oblige magped GmbH to perform. Before submitting an offer via the webshop of magped GmbH, the customer will be informed about the technical steps leading to the conclusion of the contract. A binding purchase contract is only concluded with the transmission of our order confirmation. The order confirmation will be sent to the customer by e-mail shortly after receipt of the order. The contract can only be concluded in German or English.

RIGHT OF WITHDRAWAL FOR CONSUMERS: Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or last partial shipment. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear written declaration (by registered letter, fax or e-mail). You can use the attached sample withdrawal form for this purpose. Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. However, we may refuse to refund you until we have received the goods back in an unused and undamaged condition or until you have provided proof that you have returned the goods. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

MODEL CANCELLATION FORM: If you wish to cancel the contract, please complete this form and return it to us:

To [registered by post, by e-mail or by fax according to the imprint]: – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only for notification on paper) – Date

DELIVERY – TRANSPORT – ASSUMPTION OF RISK – DEADLINES: In the absence of any express written agreement to the contrary, our goods shall be deemed to be sold “ex works” (magped GmbH, Grubenweg 1, 6071 Aldrans, Austria) with regard to the assumption of risk, even if delivery is made free to destination with our own or a third party’s vehicle or in parts. Partial deliveries are permitted. Our information on delivery periods is generally non-binding. Claims of the customer for damages due to delayed fulfillment are excluded.

WARRANTY: We provide a warranty for the contractual quality of our products in accordance with the statutory provisions. The warranty period for companies is 12 months. Notices of defects must be made in writing by registered letter without delay, but at the latest within 7 days of receipt of the goods, otherwise they shall be invalid. In the event of defects, the consumer has the right to exchange or rectification. The date of the postmark shall apply. magped GmbH can fulfill justified warranty claims at its discretion not only by exchange or improvement but also by price reduction or conversion. Minor deviations in the dimensions or colors do not justify a complaint. If the notice of defects is not made in time or not in the specified form, the goods shall be deemed approved.

LIABILITY: Liability claims by a customer against magped GmbH including its legal representatives or proxy shall be generally excluded with an exemption of a customer´s personal damage claims (“Personenschaeden” according to Austrian law) or claims related to a violation of material contractual responsibilities and claims which result from deliberate or grossly negligent breach of duty. In case of material violation in fulfilling the contractual commitments magped GmbH shall be only liable for a typical and foreseeable damage. Mandatory laws for product liabilities shall be still applicable.

The provisions of the Product Liability Act remain unaffected.

PAYMENT: Payments are to be made against invoice, by credit card, in cash or by cash on delivery without any deduction.

RETENTION OF TITLE: The goods delivered by us remain our property until full payment has been made.

DATA PROCESSING: magped GmbH collects customer data in the context of the processing of contracts in compliance with the statutory provisions. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. Without the customer’s consent, magped GmbH will not use the customer’s data for the purposes of advertising, market or opinion research.

PLACE OF PERFORMANCE – JURISDICTION – APPLICABLE LAW: The place of performance for delivery and payment is Aldrans; this also applies if the handover takes place at a different location as agreed. The contractual relationship shall be governed by the law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the competent court for Aldrans. However, we are also entitled to file suit at the customer’s general place of jurisdiction. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.