General terms and conditions
For all orders following terms and conditions are in force:
§ 1 Area of validity and Protective Clause
(1) The following terms and conditions of business apply for all relations between Magspoint and a customer and are exclusively subject to the general terms of business mentioned below in the version which is valid at the time the order is placed.
(2) Counter-confirmations of the purchaser in which he refers to his terms and conditions of trade or conditions of purchase are hereby contradicted.
(3) The basis for all offers and deliveries with inland and foreign purchasers is polish law. All offers and deliveries of Magspoint shall exclusively be subject to the following provisions.
§ 3 Reservation of ownership
Delivered goods and services remain the property of the Magspoint until all demands on the orderer have been fulfilled.
§ 4 Settlement date and payment
(1) The payment of the purchase price is the conclusion of the contract due.
(2) Unless otherwise arranged, our invoices shall be paid depending on the agreement either by means of cash in advance or PayPal using order number as a reference.
§ 6 Right of withdrawal
You can withdraw your contractual statement within one month in text form without stating any reasons (e.g. letter, fax, email) or - if you receive the articles before the expiry of the term - by returning the article. The term begins after the receipt of these instructions in text form, however not before the receipt of the goods by the receiver (in the case of recurring delivery of equivalent goods not before the receipt of the first partial delivery). In order to adhere to the withdrawal period, sending the withdrawal or the goods in due time will be sufficient. The withdrawal must be addressed to:
ul. Wyszynskiego 34/17
In the case of an effective withdrawal, mutually received services must be returned and benefits obtained (e.g. interest) must be refunded, if applicable. If you are not able to completely or partly return the services received, or only in a deteriorated state, you will have to pay compensation for the respective value, if applicable. This does not apply to the surrender of goods, if the deterioration of the item can be exclusively ascribed to its checking - as it would have been possible at the shop.
Items available for shipping as a package must be returned at one's own risk. You must bear the return costs, if the delivered goods do not correspond to the ordered goods, and if the price of the item to be returned does not exceed an amount of 60 USD, or if the compensation or a contractually arranged partial payment have not been made at the time of the withdrawal in the case of a higher price of the item. If this is not the case, return will be free of charges for you. Items not available for shipping as a package will be picked up from your premises. Obligations of refunding payments must be fulfilled within 30 days. For you, the term will begin with the sending of your statement of withdrawal of the goods, and for us with their receipt.
This withdrawal right is not relevant for goods made on the basis of specifications of the customer, or which are clearly tailored to personal needs of the customers. This is particularly true for products that are printed by name at the request of the customer. The customer knows that he has to give the magspoint by ordering such products, the precise instructions for the manufacture of the goods.
§ 7 Warranty
(1) The warranty rights of the customers are governed by the general legal regulations, except insofar as otherwise provided in the provisions hereafter. Claims for damages of the customer against the seller are regulated in § 8.
(2) Warranty claims shall be subject, from the time the risk is passed, to a limitation period of 24 months for newly manufactured products and 12 months for used products in the case of deliveries to consumers and 12 months for newly manufactured and used products in the case of deliveries to companies. The aforementioned shortening of limitation period does not apply for indemnity claims like in cases of the injury of the life, the body, the health or the freedom, with requirements after the product liability law, with rough negligent obligation injuries or the injury of substantial contract obligations. Essential contractual duties are duties are those necessary for achieving the objective of the contract, for example the seller handed the product without any deficiencies to the buyer. The aforementioned shortening of limitation period furthermore does not apply to damages based on a premeditated or grossly negligent breach of obligation on he part of the supplier or one of his legal representatives or vicarious agents.
(3) Guarantee from the seller will not be declared.
§ 9 Prohibition of assignment
Assignment of any demands or claims against us to third parties shall be excluded, unless we agree expressly to assignment in writing. We shall be obliged to agree assignment if the purchaser can prove a justified interest in assignment.
§ 10 Counterclaim
The customer only has set-off rights provided his counterclaim has been established legally or is undisputed or acknowledged.
§ 11 Applicable Law & Place of jurisdiction
§ 12 Severability
No voidness or ineffectiveness of individual provisions of the General Terms and Conditions shall affect the legal effectiveness of the remaining provisions.
§ 13 Validity
These General terms and conditions become effective on 07/24/2011.