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1. Contracting partner
The purchaser’s contracting partner and contact at Magasino is: DCH Beese GmbH, Garvensstraße 4, 30519 Hannover, Germany, Tel +49 (0) 511-86 04 665, Fax +49 (0) 511-86 04 666, represented by the managing director Arno Beese.
2. Conditions of delivery and payment
2.1 Delivery of the ordered goods shall be effected while stocks last. Should an article not be at our disposal at a certain time, we reserve the right not to effect delivery. We shall inform you of any lack of availability without delay. Moreover, we shall reimburse any payments already made by you without delay.
2.2 Any performance effected by Magasino are subject to confirmation. The ordered goods will be delivered by German Post / DHL or through a forwarding agent.
2.3 Charges for deliveries in Germany and to France are 5.95 EURO. Charges for deliveries to Austria, Belgium, the Netherlands, Luxembourg and Denmark are 9.95 EURO, for deliveries to Switzerland, Liechtenstein, Great Britain and Northern Ireland 12.95 EURO, for deliveries to Estonia, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Sweden, Slovenia, Slovakia, Spain, the Czech Republic, Hungary and Cyprus 22.95 EURO. The mentioned delivery charges will only be claimed once, also in case of deliveries in partial shipments, to which Magasino is entitled to a reasonable extent.
2.4 Orders will be effected via credit card (Master Card, Visa, American Express), and after payment in advance. Changes in the payment alternatives are possible!
2.5 In order to eliminate the credit risk, we reserve the right to exchange data with the company CEG Creditreform Consumer GmbH, Hellersbergstrasse 14, 41460 Neuss, Germany.
3. Right of rescission for consumers
3.1 The sales contract is concluded when you receive the goods ordered or after notice of the shipment of the goods respectively. The declaration of the will to conclude the contract can be revoked within two weeks after receipt of the goods without the necessity to specify the reasons, in written form or by returning the goods. The two-week time period starts at the earliest at the time of receipt of this instruction, however not before receipt of the ordered goods. In order to meet the deadline, it is sufficient to dispatch the goods within the time limit. The declaration of the rescission must be directed to Magasino at the address specified in clause 1.
3.2 No right of rescission exists for (a) goods for which the date of expiry has already been passed, (b) goods that are easily perishable, (c) goods that have been produced according to customer specifications and (d) goods that have been modified or unsealed by the consumer (e.g. DVDs, software).
3.3 Should the purchaser make use of his right of rescission, he is obliged to send the goods back, if they can be sent by parcel post. The costs thus occurring shall be borne by the purchaser, if the value of the ordered goods is less than EURO 40.00 and if the delivered goods comply with the goods ordered. Please do not send packets to us freight collect, as postal charges in this case are disproportionately high. We will refuse acceptance of any packets sent to us freight collect. Goods should be sent back in their original packaging. The value of the returned goods exclusive of the delivery charges will be credited to the purchaser’s account in the case of payment in advance or will be re-transferred in the case of payment by credit card. Magasino reserves the right to claim compensation of the reduction in value in the case of goods having been used and thus having deteriorated. This shall not apply if the deterioration can be ascribed to the testing of the object – if this was done in a way similar to that which would also have been possible in a retail shop.
3.4 Should the purchaser make use of his right of rescission, the purchase contract is invalid. |
4. Warranty
4.1 Should the delivered goods contain a defect, you can demand the elimination of the defect or the delivery of goods which are free of defects (subsequent performance), unless this is coupled with disproportionately high costs. Should a defect not be eliminated within an appropriate period of time to be set by you, you can at your option either claim reduction of the purchase price (diminution) or withdraw from the contract. You will also have the mentioned rights without prior setting of a time limit for elimination of the defect, if the subsequent performance has failed, has been seriously and finally rejected by us, is unacceptable to you or if a case of the provisions § 281 section 2 and § 323 section 2 BGB (German Civil Code) applies, in particular in circumstances that, after weighing up our mutual interests, justify an immediate exercise of the rights mentioned above. Complaints and objections have to be raised against Magasino. The warranty period is two years and starts when the goods are handed over.
4.2 Magasino can meet its warranty obligations by engaging third parties.
4.3 Please send the objected articles back to us in a sufficiently stamped post package after consultation with us. Packages sent to us freight collect can unfortunately not be accepted. In the case of justified complaints we shall provide compensation and that we shall naturally reimburse you for the postage costs incurred.
5. Reservation of title
The goods remain the property of DCH Beese GmbH until complete payment has been effected.
6. Customer opinions
Should the user decide to write an opinion on Magasino, he grants Magasino a licence to further use this opinion for any purposes online and offline, without any limitation of time and place. Magasino reserves the right to either not display opinions or to only display them for a limited period of time on the website as well as to abridge them or to modify them.
7. Applicable law
German law shall be applicable. Hannover, Germany shall be the place of jurisdiction for any foreign purchasers.
8. Seller identification
DCH Beese GmbH, Garvensstraße 4, 30519 Hannover, Germany, represented by the managing director Arno Beese, AG (Local Court) Hannover HRB 54429, VAT-ID: DE 165002246.
9. Severability clause
Should one or several clauses in these general terms and conditions be ineffective, either entirely or in part, this shall not affect the validity of the remaining provisions.
Version: September 2007
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