Terms and conditions and customer information



General terms and conditions and customer information Magicshine Lights

The responsible body for the content of this website is:

MagicshineLights | Arno Höfner | Hauptstrasse 31 | 54424 Thalfang | Germany | Contact@Magicshine.de

§1 Basic provisions

(1) The following terms and conditions apply to all contracts between Mr. Arno Höfner, Hauptstr. 31, 54424 Thalfang, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website www.Magicshine.de. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(3) The contract language is German. The full text of the contract will not be saved by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After the order has been received by the provider, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to the customer again by email.

For requests for offers that are sent to the provider by email or in writing, for example, the customer will receive all contract data as part of a binding offer by email, which the customer can print out or save electronically.

§2 Subject of the contract

Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website. The product presentations on our website are non-binding and do not constitute a binding offer to conclude a contract.

§3 Conclusion of the contract

1) The provider's product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, the customer can access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, the customer has the opportunity to check all information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.

By submitting the order using the “buy” button, the customer submits a binding offer to the provider.

The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the customer is confirmed that the order has been executed or the goods have been delivered (order confirmation).

If the customer has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.

(4) Inquiries from the customer to purchase goods or to create individual offers outside of the online shopping cart system, which are sent to the provider by email or in writing, are non-binding for the customer. The provider makes the customer a binding offer in text form (e.g. by email), which the customer can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address they provide to the provider is correct, that receipt of emails is technically ensured and, in particular, that they are not prevented by SPAM filters.

§4 Right of retention, retention of title

(1) The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain the property of the provider until the purchase price has been paid in full.

(3) If the customer is an entrepreneur, the following also applies:

a) The provider reserves ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) The customer can resell the goods in the ordinary course of business. In this case, he now assigns all claims in the amount of the invoice amount that arise from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. However, if he does not properly meet his payment obligations, the provider reserves the right to collect the debt himself.

c) If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) The provider undertakes to release the securities to which it is entitled at the customer's request to the extent that the realizable value of the provider's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.

§5 Warranty

(1) The legal regulations apply.

(2) As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to the provider and the freight forwarder as quickly as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.

(3) If the customer is an entrepreneur, the following applies, in deviation from paragraph 1:

a) Only the provider's own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.

b) The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to the provider in writing within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.

c) In the event of defects, the provider chooses to provide a guarantee through repair or replacement delivery. If the remedy of the defect fails twice, the customer can, at his discretion, request a reduction in price or withdraw from the contract. In the event of repair, the provider does not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages caused culpably by the provider due to injury to life, body or health and damages caused by gross negligence or intent or fraudulent behavior on the part of the provider, as well as to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).

§6 Liability

(1) The provider is fully liable for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item, in the event of damages after the Product Liability Act and in all other legally regulated cases.

(2) If essential contractual obligations are affected, the provider's liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the customer can regularly rely.

(3) If minor contractual obligations are breached, liability is excluded for slightly negligent breaches of duty.

(4) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.

§7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services from the existing business relationships with the provider and the place of jurisdiction is the registered office of the provider if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§8 Identity of the seller

MagicshineLights
Arno Höfner
Hauptstr. 31
54424 Thalfang
Germany

Email: Contact@Magicshine.de

Telephone: +49 (0) 6504 954541

Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 3 of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage
3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the item description and the additional information on our website.

5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for goods
7.1. Liability for defects for our goods is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

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Right of withdrawal

Right of Withdrawal
(Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity)

• Right of withdrawal
  You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day
  on which you or a third party named by you who is not the carrier took possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or are delivered in a single manner;
• on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately;

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 statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

The revocation must be sent to:
Arno Höfner
Hauptstr. 31
54424 Thalfang

Germany
or by email to: Contact@Magicshine.de

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Reasons for exclusion or expiry

• The right of withdrawal does not apply to contracts
  for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
• for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
• for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
• The right of withdrawal expires prematurely for contracts
  for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery;
• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
• to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample cancellation form

• (If you want to cancel the contract, please fill out this form and send it back.)
  
  At:
  Arno Höfner,
  Hauptstr. 31
  54424 Thalfang
  Germany


or by email to: Contact@Magicshine.de

I/we (*) hereby revoke the consent of me/us (*)

• concluded contract 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 for paper notification)
• Date

(*) Delete what is not applicable.

End of revocation