General Terms and Conditions for the online shop www.magicstripes.com
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented on www.magicstripes.com is MAGICSTRIPES UG (haftungsbeschränkt), Ditmar-Koel-Str 8, 20459 Hamburg, Germany, Telefon 0049-(0) 40 21091574 , E-Mail firstname.lastname@example.org (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in german or english language, at the selection of the customer.
(3) The Vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, Liechtenstein, Norway and Switzerland.
(4) The Vendor is making a binding sales offer for the merchandise presented in his shop. The customer shall select the merchandise desired by clicking the button “Add to Cart”. After entering his personal data and payment method, the customer can place his order by clicking on the button „Purchase“. Until the order is transmitted to the Vendor, the customer has the opportunity to review, at any time, the data he has input when placing the order, to modify or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Purchase“, the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contract concluded is stored by the Vendor and will be forwarded to the customer with the contract confirmation. In case the customer has set up a personal account with the online shop, the customer can view the content of the contracts concluded also in his account on the Vendor‘s website.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Prices include 19% value added tax.
(2) The shipping costs are listed in the respective product description in the online shop.
(3) Where deliveries are made to countries outside the European Union, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) The Vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by bank transfer, against pre-payment using PayPal, against pre-payment using a credit card (MasterCard or VISA):
(a) Where the customer has selected “Bank Transfer” as the form of payment, the Vendor’s bank account details will be provided in contract confirmation. Exclusively transfers denominated in Euros and free of charge for the Vendor shall be accepted for bank transfers from abroad.
(b) For PayPal payments, the customer will – after conclusion of the contract – be forwarded to the website of the selected payment service, from where payment can be made by entering the customer‘s PayPal details.
(c) For credit card payments, the customer will – after conclusion of the contract – be forwarded to the external service of Stripe Payments Europe, Ltd. where he provides his credit card details and concludes the payment. The Seller authorizes the Stripe Payments Europe, Ltd. to receive payments by the customer for the purpose of performing the contract.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) The vendor shall deliver the merchandise within 4 business days after payment is made
(2) For deliveries to destinations outside Germany, a period of 2-9 business days, depending on the destination, has to be added to the respective domestic delivery time.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.
(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(4) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of withdrawal.
Section 6 – Warranty
All warranty claims of the customer shall be governed by the statutory regulations.
Section 7 – Data Protection Policy
(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with same. The collected data consists of the customer`s name, address, e-mail-address and his company information that you specify. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) To the extent a customer uses the services of PayPal or Stripe Payments Europe, Ltd. for payment, the data protection provisions established by the payment service shall apply to the payment process. In this context, PayPal or Stripe Payments Europe, Ltd. shall be taking action as the person employed by the customer in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Hamburg (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) In case of any inconsistency between the German version of above provisions and their English translation the German version shall prevail.