Terms and conditions & consumer information
General terms and conditions and customer information

Terms and conditions and customer information

§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 closed via the provider's website www.Magicshine.de. Unless otherwise agreed, the inclusion of the customer's own terms and 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 can predominantly neither be attributed to their commercial nor independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising 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 electronically saved using the browser's print function. After the order has been received by the provider, the order data, the information required by law for distance selling contracts and the general terms and conditions are sent to the customer again by email. In the case of requests for offers that are sent to the provider by email or in writing, for example, the customer receives all contract data as part of a binding offer by email, which the customer can print out or save electronically. §2 Subject matter of the contract The subject of the contract is the sale of goods. The details, in particular the essential characteristics 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 not 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 not 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 stored in the "shopping cart". The customer can call up the "shopping cart" using the corresponding button in the navigation bar and there at any time Make changes. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. Before submitting the order, the customer has the opportunity to check all the information here again, to change (also via the "back" function of the Internet browser) or cancel the purchase. By submitting the order via the "Buy" button, the customer makes a binding offer to the provider. The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract. (3) The offer (and thus the conclusion of the contract) is accepted within 2 days by means of a written confirmation (e.g. email) in which the customer is confirmed that the order has been carried out or that 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 rendered will be reimbursed immediately. (4) Inquiries from the customer for the purchase of goods or for individual quotations outside the online shopping cart system, which are sent to the provider by email or in writing, are non-binding for the customer. The provider submits a binding offer to the customer 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 partially automated by e-mail. The customer must therefore ensure that the e-mail address he has stored with the provider is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§4 right of retention, reservation of title

(1) The customer can only exercise a right of retention insofar as it involves 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 retains ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted. B) The customer can resell the goods in the ordinary course of business. In this case he already now assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. If he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself. C) When combining and mixing the reserved goods, 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 he 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 statutory provisions apply. (2) As a consumer, the customer is requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the freight forwarder of any complaints as soon 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, deviating from Paragraph 1: a) Only the provider's own information and the manufacturer's product description apply to the quality of the goods as agreed, but not other advertising, public promotions and statements by the manufacturer. b) The customer is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the provider in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded. c) In the event of defects, the provider warrants, at his option, either repair or replacement. If the elimination of the defect fails twice, the customer can choose to request a reduction in price or withdraw from the contract. In the case of rework, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment 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 culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.

§6 liability

(1) The provider is fully liable for damage to life, limb or health, in all cases of willful misconduct and gross negligence, in the event of fraudulent concealment of a defect, if the guarantee for the quality of the object of purchase is assumed, in the event of damage the Product Liability Act and in all other cases regulated by law. (2) Insofar as essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which 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 to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and compliance with which the customer can regularly rely. (3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded. (4) According to the current state of technology, data communication via the Internet is not error-free and / or available at all times guaranteed. 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. In the case of consumers, this choice of law only applies insofar as this does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (principle of favourability) Provider, insofar as the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual place of residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected. (3) The provisions of the UN sales law expressly do not apply. §8 Identity of the seller MagicshineLightsArno HöfnerHauptstr. 3154424 Thalfang Germany Email: Kontakt@Magicshine.de Phone: 49 (0) 6504 954541

Information on the formation of the contract

The technical steps for the conclusion of 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 full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email. 3.3. In the case of requests for offers 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. Essential characteristics of the goods or services The essential characteristics of the goods and / or services can be found in the item description and the additional information on our website. Prices and payment modalities 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 taxes. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. The payment methods available to you are shown under a corresponding button on our website or in the respective item description. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. Terms of delivery 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. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk. Statutory warranty rights for goods 7.1. The liability for defects in our goods is based on the "Warranty" provision in our terms and conditions (Part I). 7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
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