General Terms and Conditions for Contracts between
VALIDITY : All our business transactions are concluded on the basis of these General Conditions of Contract. All other general conditions of contract of customers are herewith explicitly denied and will not become a part of our contracts. Whenever these General Conditions of Contract refer to consumers according to the Austrian consumers law, the relevant provisions shall be valid for consumers, but not for businesses. The stipulations of magped GmbH´s general terms and conditions shall apply as far as no contradictory mandatory laws according to the Austrian consumers law apply.
OFFER – CONCLUSION OF CONTRACT: All offers are without obligation and do not oblige magped GmbH to perform. Before an offer is given via magped GmbHs web shop, the customer is informed of the technical steps leading to conclusion of contract. Binding contracts are closed only after magped GmbH has sent an order confirmation. The text of the contract (order confirmation) shall be sent to the customer by e-mail without unnecessary delay after an order has been placed by a customer. Contracts must be concluded in the English or German language.
RIGHT TO CANCELLATION FOR CONSUMERS: Consumers have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the date on which you, or a third party named by you who is not the carrier, took possession of the last goods or last partial delivery. To exercise your right to cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration in writing (e.g. via a letter sent by registered mail, a fax, or an email). You can use the enclosed cancellation template for this purpose. To protect the cancellation period, it is sufficient to send the notification of enforcement of the right to cancellation before the end of the cancellation period. Consequences of cancellation: If you cancel this contract, we shall reimburse you with all payments which we have received from you, including the delivery costs (excluding additional costs which are incurred in the event that you have chosen a delivery method other than the standard delivery method offered by us), without delay and no later than within fourteen days from the date on which we receive a written notification of your cancellation of this contract. To refund your payment, we will use the same method which you used to make the original transaction, unless another method has been expressly agreed with you and under no circumstances will you be charged any fees as a result of this refund. However, we can refuse to issue a refund until we have received the goods unused and without damage or until you have provided proof that you have returned the goods unused and undamaged. You must return or hand over the goods without delay and in any case, within fourteen days from the date on which you inform us of the cancellation of this contract. The cancellation period is guaranteed if you return the goods before the expiry of the fourteen day period. You shall be solely responsible for the direct costs of returning the goods. You shall only be responsible for any diminished value of the goods if this loss is the actual result of unnecessary handling of the goods by you to check their characteristics, properties, features, and function.
STANDARD CANCELLATION TEMPLATE: If you wish to cancel the contract, please complete this form and return it to us: Send [by registered mail, email or fax as per company information] to: • I/We (*) hereby cancel the contract which I/We (*) have entered into 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 – SHIPMENT – RISK – DELIVERY TIMES: Failing explicit and written agreement to the contrary our merchandise shall be deemed sold „ex works“ (company address of magped Gmbh, Grubenweg 5, 6071 Aldrans, Austria), even if delivery is made free destination with magped GmbH´s or a third party‘s vehicle or in installments. Partial deliveries may be made. Our information on delivery are non-binding. No claims shall be made by customers for indemnification because of delayed performance.
DEFECTS – WARRANTY – : We guarantee that the condition of magped GmbH products shall be in compliance with contract and mandatory laws and regulations. For contracts with other companies the warranty period is 12 month. Notification of defects is to be made in writing by registered letter without delay, however no later than 7 days after receipt of the merchandise. A defect shall entitle the consumer to exchange or repair of merchandise. The date of the postmark shall be decisive. At its discretion magped GmbH is entitled to satisfy claims for indemnification not only by exchange but also by repair or price reduction. Minor deviations in dimensions or color are not deemed a defect. If notification of defect is not made in time or in the form set out above, the merchandise shall be deemed accepted.
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.
PAYMENT: Payment is to be made by means of credit card, in cash, bank transfer, or money wire without deduction in advance.
RESERVATION OF TITLE: The merchandise delivered by magped GmbH shall remain our unrestricted property until all liabilities arising from the transaction have been satisfied in full.
USE AND STORAGE OF DATA: magped GmbH shall have the right to collect data in accordance with the law. Without the consent of the customer magped GmbH will only collect, store and process date in order to complete the sales transaction including necessary transactions for billing with third party telemedia. Without the consent of the customer magped GmbH shall not use customer´s data for the purpose of advertisement, marketing or market research.
PERFORMANCE – JURISDICTION – APPLICABLE LAW: Place of performance for delivery and payment is Aldrans, Austria; this also holds true for the case that the merchandise is contractually delivered at a different place. This contractual relationship is governed by the laws of Austria and is not subject to the Convention Relating to a Uniform Law on the International Sale of Goods. Sole jurisdiction for all disputes arising from this contractual relationship shall be held by the competent court of law for Aldrans. We are, however, entitled to file a lawsuit in the customer‘s general jurisdiction. This stipulation of jurisdiction and applicable law is valid only insofar as jus cogens (for example for consumers) does not provide anything to the contrary. If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision or by applicable laws. However such a replacement shall come into effect only if it does not results in a gross disadvantage of one party.