1.1. The following terms and conditions (T&C) shall apply to any contracts concluded via the online shop of supra Foto-Elektronik-Vertriebs-GmbH, Denisstr. 28a, D-67663 Kaiserslautern / Germany (hereinafter: SELLER) under the domain www.shop.maginon.com with the customer (hereinafter: CUSTOMER).
1.2. These T&C contains special provisions for CUSTOMERS who are entrepreneurs within the meaning of § 14 German Civil Code (hereinafter: ENTREPRENEURS). These special clauses for business transactions are marked by explicit reference to ENTREPRENEURS and shall not apply to transactions with consumers within the meaning of § 13 German Civil Code.
1.3. The SELLER does not accept any deviating general terms and conditions of the CUSTOMER unless the SELLER had expressly agreed with those in writing.
2.1. The CUSTOMER may put the desired items into the shopping basket by clicking the corresponding button and then click the button "Check out" to initiate the ordering process. Within the ordering process, the CUSTOMER must enter the required contact data for shipping and for payment and then complete the order by clicking the button "Order subject to charge".
2.2. The CUSTOMER may correct wrong input, in particular goods placed in the shopping basket by accident, by entering the desired quantity in the shopping cart and the buttons provided. In the ordering process, the CUSTOMER may correct wrong input in the different steps by navigating to the respective step with the "forward" and "back" buttons of his browser.
2.3. Presentation of the products in the SELLER's online shop constitutes a non-committal request to the customer for ordering. With his order, the customer makes a binding offer to conclude the a contract for the items contained in the shopping cart. The SELLER will confirm receipt of the order automatically by email without delay. This automated order configuration concludes the contract.
2.4. The purchasing contract shall be concluded with supra Foto-Elektronik-Vertriebs-GmbH, Denisstr. 28a, D-67663 Kaiserslautern / Germany.
2.5. The contract language is German.
The contract text shall be saved by the SELLER. The order data and these T&C shall be sent to the CUSTOMER separately in text form (email). The T&C may also be called and printed out in the online shop.
Users are in principle entitled to a statutory right of revocation. The legal rulings on any existing right of revocation are included only in the information on revocation, which the CUSTOMER can retrieve as part of the ordering process.
5.1. The prices valid on the day of the order as displaced in the online shop shall apply.
5.2. The prices indicated in the online shop are stated in Euro and contain the statutory VAT.
5.3. The prices displayed in the online ship are stated without shipping costs for packaging and postage. The shipping costs for a delivery into other EU countries are calculated dynamically within the ordering process if necessary and displayed in the shopping cart overview before the order is placed.
5.4. Shipping within Germany is free of charge. In exceptions, further taxes (e.g. in case of intra-community purchase) and/or fees (e.g. customs duties) may be payable by the CUSTOMER for border-crossing deliveries.
6.1. The SELLER accepts only the payment method offered during ordering in the online shop. The CUSTOMER shall choose the payment type preferred by him directly among the available payment methods.
6.2. If delivery against advance payment is made by money transfer, the CUSTOMER shall transfer payment of the purchasing price plus any arising delivery and shopping costs to the Seller before delivery. The delivery shall be made after receipt of the complete invoiced amount on the SELLER's account.
6.3. If a delivery is made against payment by credit card, the CUSTOMER authorises charging of the complete invoiced amount, including any arising delivery and shipping costs, via the respective credit card company when due by disclosing his credit card data. The charge is initiated with the order confirmation in this case.
6.4. If payment is made by PayPal, the CUSTOMER must have a PayPal account and legitimate himself with his access data. Then the CUSTOMER must go through the PayPal payment process and confirm the payment to the SELLER.
6.5. When a payment is made via Amazon-Payments, the customer must have an Amazon account and legitimate himself with his Amazon access data, go through the Amazon payment process and confirm the payment to the SELLER. Amazon accepts the payment types direct debiting or credit cards:
When paying by credit card, the CUSTOMER authorises Amazon to charge the complete invoiced amount, including any arising delivery and shipping costs, via the respective credit card company when due by disclosing his credit card data. The charge is initiated with the order confirmation in this case.
When paying by direct debit, the CUSTOMER shall provide Amazon with his IBAN and BIC numbers. Amazon shall debit the invoiced amount from the CUSTOMER's indicated amount after invoicing. If the direct debit is charged back, the CUSTOMER shall bear the costs for this return debit. The CUSTOMER has the right to prove that no or a lesser damage was caused by the return debit.
6.6. CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 German Civil Code shall only have a right to set-off if the counter-claims are legally determined, undisputed or recognised by the SELLER or if the contrary claims refer to the same legal relationship. This prohibition of set-off shall not apply to CUSTOMERS who are consumers within the meaning of § 13 German Civil Code.
7.1. The goods shall be delivered, unless agreed on differently with the CUSTOMER, by shipping to the delivery address indicated by the CUSTOMER in the order.
7.2. Dispatch of the items purchased by the CUSTOMER shall take place without delay after receipt of the payment (credit to the SELLER's business account), but at the latest within three working days of receipt of the payment, except if a shorter or longer delivery time is expressly noted in connection with the specific item.
7.3. The delivery times shall be indicated separately with the respective item or the product description on the item page.
7.4. The risk of accidental destruction and accidental deterioration of the sold object shall pass to the customer at handover to him or an authorised recipient in case of deliveries to entrepreneurs, and if the purchase is delivered already at delivery of the goods to a suitable transporter. At delivery to consumers, the risk of accidental destruction and accidental deterioration of the purchased object shall pass at handover of the goods to the consumer pursuant to § 446 German Civil Code. Regarding the assumption of risk, the CUSTOMER entering default of acceptance shall be equivalent to handover.
7.5. Orders and deliveries shall only be offered within and to Germany, as well as to the countries named in the online ship and/or the shipping costs table.
7.6. In case of delivery delays, the SELLER shall inform the CUSTOMER without delay.
7.7. If the transporter returns the purchased object to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for new shipping. This shall not apply if the CUSTOMER has exercised any applicable revocation rights in parallel to the refused acceptance or if he is not at fault for the circumstances that made delivery impossible, or if the CUSTOMER was temporarily prevented from accepting the offered service, unless the SELLER announced the service to him with an appropriate period of notice.
8.1. The SELLER reserves title in the sold objects until complete payment of the purchasing price.
8.2. The goods subject to reserved title must not be pledged to third parties by the CUSTOMER before complete payment of the secure claims nor provided for collateral. The CUSTOMER shall inform the SELLER without delay in writing if and as far as any third parties access the goods.
8.3. If the CUSTOMER's conduct violates the contract, in particular in case of non-payment of the due purchasing price, the SELLER shall have the right to withdraw from the contract according to the statutory provisions and to demand return of the goods based on the reservation of title and the withdrawal. If the CUSTOMER does not settle the due purchasing price, the SELLER must only assert these rights after unsuccessfully setting an appropriate grace period for payment to the CUSTOMER first or if such grace period is dispensable according to the statutory provisions.
9.1. The rights in case of defects of the purchased object shall be according to the statutory provisions.
9.2. Claims for defects of ENTREPRENEURS shall require that they have properly met their examination and complaint obligations in text form as owed purs. to § 377 German Commercial Code within 14 calendar days of receipt of the goods. This complaint obligation shall not apply to CUSTOMERS who are consumers within the meaning of § 13 German Civil Code.
9.3. The period of expiration for claims from defects of ENTREPRENEURS shall be 12 months from the time at which risk passed to the ENTREPRENEUR. This reduction of the warranty obligation shall not apply to CUSTOMERS who are consumers within the meaning of § 13 German Civil Code.
10.1. The CUSTOMER'S claims to damages or replacement of expenses made in vain against the SELLER shall be according to these provisions outside of the warranty rights and without consideration of the legal nature of the claim.
10.2. The SELLER's liability shall be excluded - no matter the legal reasons - unless the cause of the damage is based on wilful intent and/or gross negligence of the SELLER, his employees, his representatives or his servants. Where liability of the SELLER is excluded or limited, this shall also apply to the personal liability of employees, representatives or servants of the SELLER. Liability of the SELLER under the product liability act shall not be affected (§ 14 ProdHG).
10.3. The SELLER shall be liable for any damage from violation of life, body or health that is due to wilful, grossly negligent or negligent violation of obligations by the SELLER or a legal representative or servant of the SELLER according to the statutory provisions.
10.4. If the SELLER at least negligently violates an essential contractual obligation, i.e. an obligation the compliance of which is of special importance for achieving the contractual purpose (essential contractual obligation or cardinal obligation), liability shall be limited to the typically occurring damage, i.e. damage the occurrence of which typically had to be expected in the scope of the contract. Essential contractual or cardinal obligations in the above meaning shall be those the compliance with which is necessary for proper execution of this contract and the compliance with which the CUSTOMER regularly trusts in and has a right to trust in.
11.1. In the event of a dispute, CUSTOMERS who are consumers within the meaning of § 13 German Civil Code (BGB) have the option of following an online arbitration procedure involving a recognised arbitration body on the EU Portal “Your Europe” (http://europa.eu/youreurope/citizens/index_de.htm). To do so, they can use the Online Arbitration Platform of the EU at URLhttp://ec.europa.eu/consumers/odr/.
11.2. The Online Arbitration Procedure is not a compelling condition for calling on the ordinary courts, but represents an alternative option to resolve differences that can arise within the context of a contractual relationship.
11.3. Other national regulations on conducting arbitration procedures shall remain unaffected by the provisions above in numbers 12.1 and 12.2.
The following note applies to use of goods by end consumers if these goods are made of batteries or if these goods contain batteries.
Free return of old batteries:
Batteries must not be disposed of in domestic waste. You are legally required to return old batteries to ensure professional disposal. You may return old batteries to a municipal collection point or on site at the dealer's location. The SELLER as distributor of batteries is required to take back old batteries; the return obligation is limited to old batteries of the same kid as the new batteries he offers and sells or offered and sold
You can send old batteries of the above kind to the SELLER by mail with sufficient postage or return them directly to the SELLER's seat free of charge.
Meaning of the battery icons:
Batteries are marked with the icon of a crossed-out waste bin. Batteries must not be disposed of in domestic waste. Batteries with more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead are armed with the corresponding indications under the waste bin as follows, using the respective abbreviation for the chemical designation ("Cd" for Cadmium, "Pb" for lead and "Hg" for mercury):
The data privacy laws of the data privacy declaration on the website www.shop.maginon.com shall apply.
14.1. The law of the Federal Republic of Germany shall apply under exclusion of UN purchasing law.
14.2. For consumers who do not conclude this contract for professional or commercial purposes, the above choice of law shall only apply where this does not withdraw the protection granted by mandatory provision of the law in the state in which the consumer has his common abode.
14.3. If the CUSTOMER is a merchant, legal entity under public law r public-law special funds, the exclusive place of jurisdiction for any disputes from this contract shall be the registered office of the SELLER in Kaiserslautern.
14.4. This shall also apply if the CUSTOMER is an entrepreneur and does not have any general place of jurisdiction in Germany or if the place of residence or common abode are not known at the time the claim is raised. The SELLER's right to call on the court in another statutory place of jurisdiction shall not be affected by this.
As of: January 2016