Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC)
for the MagneticTable mail order business of

FERDINAND SCHAD GMBH
Simon-Breu-Str. 10
97074 Würzburg
Germany

Phone: +49 (0)931 7849 772
Fax: +49 (0)931 7629 3
E-Mail: info@magnetictable.com

Managing Director: Stephan Schad
Commercial register no.: HRB 3100
VAT-ID: DE 134170529

Customer service: Mon. - Thu. 8 a.m. - 5 p.m., Fri. 8 a.m. -3 p.m.


Table of contents

1. Scope of application

(1) The following terms and conditions are valid for all contracts that the customer concludes with FERDINAND SCHAD GmbH via the MagneticTable- Online Shop. 
(2) Customers within the scope of these GTC can be both consumers according to § 13 BGB (German Civil Code) and entrepreneurs according to § 14 BGB. 
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 
(4) Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of contract, contract language, steps to order, storage of contract text

(1) The presentation of goods on the Internet does not constitute a binding offer of contract by FERDINAND SCHAD GmbH. The contract between the customer and FERDINAND SCHAD GmbH shall only come into effect by an order of the customer and its acceptance by FERDINAND SCHAD GmbH. A confirmation of the receipt of the order does not constitute an acceptance. In case of acceptance, FERDINAND SCHAD GmbH shall send an order confirmation by email. The dispatch of the ordered goods to the customer shall be equivalent to an express declaration of acceptance. 
(2) Contract language is German. 
(3) The customer can order in the MagneticTable-Shop of FERDINAND SCHAD GmbH by going through the following steps 
a. By clicking on the button "Add to shopping cart" or "Buy now" articles are placed in the shopping cart without obligation. All articles that have been placed in the shopping cart can be viewed by clicking on the "shopping cart" symbol. Here you can delete articles or change the quantity and display the shipping costs. 
b. If articles from the shopping cart are to be purchased, click on "Checkout" to go to the ordering process. 
c. During the ordering process, customers are asked to enter their contact details individually. 
d. Clicking on the "Continue" button takes you to the shipping options. Here you can choose the shipping method. Afterwards you can click on "Continue" to get to the payment method. Here you can choose from different payment methods. 
e. Before the order is sent, you can click on the "Next" button to get to the control page. There, all data (in particular billing and delivery address, product, price, quantity, payment method) of the planned order are again displayed in an overview. There the data can also be corrected or changed. 
f. By clicking the button "Buy now" the order is sent. This is a binding offer to conclude a purchase contract on the part of the customer. The information about the time of the conclusion of the contract can be found in the first paragraph of this point. Further information on the ordering process can be found on the pages "Help and Service". 
(4) The wording of the contract is not stored by FERDINAND SCHAD GmbH and cannot be retrieved by the customer after completion of the order process. However, the order data and the revocation instruction can be found in text form in the order confirmation, which can be printed out upon receipt by e-mail. FERDINAND SCHAD GmbH stores the order data of the customer. Should the customer lose his order documents, he may contact FERDINAND SCHAD GmbH by mail, e-mail, fax or telephone. FERDINAND SCHAD GmbH will gladly send the customer a copy of the order data.
3. Terms of delivery and dispatch

(1) FERDINAND SCHAD GmbH delivers the goods within 3-5 working days after receipt of the order, provided that the ordered goods are in stock. 
(2) FERDINAND SCHAD GmbH only offers standard parcel delivery.
4. Terms of payment

The following payment options are available:

- Payment via payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.
  
  The payment service provider Paypal offers you the possibility to pay directly via Paypal, by credit card (American Express, credit card
  Mastercard, credit card Visa), to be paid by direct debit.
  The period for delivery begins with payment via PayPal at the latest one working day after the payment order has been placed with PayPal.

- Payment by payment service provider Stripe, Inc.
  
  The payment service provider Stripe offers you the possibility to pay by giropay and Sofortüberweisung.
  The period for delivery begins with payment by Stripe, Inc. at the latest one working day after placing the payment order Stripe, Inc.

- Payment on account (only for companies and institutions)

  Companies and institutions can order on account. We reserve the right to check the liquidity if necessary. The term of payment is 
  10 days after invoice date. The goods will be shipped immediately after the order is placed, depending on the stock.
5. Prices and shipping costs

(1) The prices at the time of the order shall apply. All prices are in Euro and are without exception gross prices, i.e. they include the legal value added tax of 16% and other price components and do not include shipping costs. There is no minimum order value.
(2) The delivery and shipping costs, the amount of which depends on the information provided in connection with the respective presentation of the goods, are incurred from the location of the branch of FERDINAND SCHAD GmbH. If the delivery is made to a customer outside the Federal Republic of Germany, the delivery and shipping costs will increase depending on the weight or volume weight.
(3) In the case of shipments outside the EU, further costs such as taxes and/or charges / customs duties may be incurred, which the customer must bear.
6. Repayments on exercise of the right of withdrawal

If you make use of your right of revocation (see revocation instruction under point 8.), we use the same means of payment for refunds that you used for the original transaction.
7. Revocation instruction

Right of withdrawal for consumers

Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.

Right of revocation
You have the right to cancel this contract within one month without giving reasons. The revocation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods or has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly or at which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods, if you have ordered several goods under a single order and the goods are delivered separately, or at which you or a third party designated by you, other than the carrier, took or has taken possession of the last partial consignment or the last piece, if you have ordered goods which are delivered in several partial consignments or pieces.
In order to exercise your right of cancellation, you must give us,

FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg, Germany, phone number: +49 (0)931 7849 772, fax number: +49 (0)931 7649 3, e-mail: info@magnetictable.com

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the model revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the costs of returning goods that can be sent by parcel post.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

End of the cancellation policy

The above right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Please understand that there is no right of withdrawal for deliveries outside the European Union! This does not apply to deliveries to Switzerland and Liechtenstein.
8. Retention of title

The goods remain the property of FERDINAND SCHAD GmbH until full payment has been received.
9. Warranty

(1) If there is a defect in the object of purchase, the warranty shall be in accordance with the statutory provisions. The limitation period for legal claims for defects is two years for consumers and begins with the date of delivery, i.e. receipt of the item by the customer.
(2) The warranty period for entrepreneurs is limited to one year.
(3) For consumers and entrepreneurs it applies that the above liability and limitation period limitations do not apply to claims for damages and reimbursement of expenses which the customer can assert in accordance with the statutory provisions due to defects in accordance with the provisions of number 12.
10. Transport damage / returns

(1) If the customer acts as a consumer, the following shall apply: If goods with obvious damage to the packaging or contents are delivered, the customer is requested to make a complaint immediately to the forwarder/freight service and to contact FERDINAND SCHAD GmbH by phone or other means (email/fax/post) so that FERDINAND SCHAD GmbH can protect any rights against the forwarder/freight service.
(2) In addition, we request that returns be made to us in the original packaging. In this way you facilitate e.g. the resale of the goods for us.
(3) Goods that have been sent by a forwarding agent will always be picked up again by a forwarding agent in the event of a return. In this case, please contact FERDINAND SCHAD GmbH by phone, in writing or by e-mail. In order to avoid transport damage, we also ask you to refrain from returning the goods by parcel service, because even in their original packaging, shipping items are not automatically suitable for transport by a parcel service due to weight, sensitivity or size.
(4) Non-observance of the above points does not limit your right of withdrawal as a consumer. In addition, failure to make a complaint or contact the customer as a consumer has no effect on the customer's statutory or contractual warranty and liability claims as a consumer.
(5) If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the customer shall be subject to the obligation to examine the goods and make a complaint in accordance with § 377 HGB. The goods shall be deemed to be approved if the customer fails to comply with the duties of notification regulated therein.

Address for your return shipment: FERDINAND SCHAD GmbH, Simon-Breu-Str. 10, 97074 Würzburg, Germany
11. Liability

FERDINAND SCHAD GmbH shall be liable for damages and reimbursement of expenses in accordance with the statutory provisions.
12. Data protection

For detailed information on data protection, please refer to the notes under the separate link "Privacy Policy".
13. Complaints / dispute settlement

The European Commission provides an online dispute resolution platform which can be found at http://ec.europa.eu/consumers/odr/. In principle, consumers have the possibility to use this platform for the settlement of their disputes. We always endeavour to settle any disputes arising from contracts concluded with us and complaints by mutual agreement. Please note, however, that we are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and cannot offer you the opportunity to participate in such a procedure.
14. Final provisions

(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it is mandatory to apply consumer law provisions.
(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded, also in cross-border delivery traffic.
(3) Place of jurisdiction for all legal disputes is Würzburg, Germany, if the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, Würzburg is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.

Status 01.11.2019

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