Terms & Conditions
General Terms and Conditions and Customer Information of MAGICSTRIPES GmbH, An der Alster 6, 20099 Hamburg, Germany.
1) Scope
1.1 These General Terms and Conditions (hereinafter "Terms") of MAGICSTRIPES GmbH (hereinafter "Seller") apply to all contracts relating to the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller in respect of the goods presented in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these Terms is a natural or legal person or a legal partnership that, in concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the ordering process.
2.3 The Seller may accept the offer of the Customer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after submitting the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends on the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer together with these Terms in text form (e.g. by email) after the order has been sent. In addition, the contract text is archived on the Seller's website and can be retrieved by the Customer via his password-protected customer account, provided the Customer has created a customer account in the Seller's online shop before sending the order.
2.5 Before submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. Input can be corrected using the usual keyboard and mouse functions until the Customer clicks on the button that concludes the ordering process.
2.6 The contract is concluded in German and English.
2.7 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs in respect of the transfer of money may also be incurred where delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The available payment methods are communicated to the Customer in the Seller's online shop.
4.4 If payment is made via a payment service provider (such as Stripe or an equivalent provider communicated in the checkout), the payment is processed in accordance with the terms and privacy notices of that provider. The Seller receives confirmation of successful payment and a transaction reference only; no full payment card details are stored on the Seller's servers.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the shipping company returns the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance leading to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable advance notice of the service. Furthermore, this does not apply to the return shipping costs if the Customer effectively exercises his right of withdrawal. For the return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provisions in the Seller's cancellation policy apply.
5.3 Pickup is not possible for logistical reasons.
6) Retention of ownership
The Seller retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The Customer is requested to notify the deliverer of any delivered goods with obvious transport damage and to inform the Seller thereof. Failure of the Customer to comply has no effect on his statutory or contractual claims for defects.
8) Applicable law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
9) Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer is located outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases the Seller is in any event entitled to bring an action before the court at the Customer's place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Contact: MAGICSTRIPES GmbH, An der Alster 6, 20099 Hamburg, Germany · mail@magicstripes.com · See also our Privacy Policy and Imprint.