Terms of Service
1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop. These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof.
Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary
general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Magenta Creations C.B. SRL. By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items.
You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting
your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process.
The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods
contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language available for concluding the contract: English. We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You
may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers. We only dispatch goods en route; pick up by the customer is not possible.
5. Payment
The following payment methods are basically available in our online shop.
Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of
funds.
Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your
order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22- 24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
Invoice
The invoice amount is due 30 days upon receipt of the invoice and the goods 30 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims
arising from a current business relationship. You may resell reserved goods in ordinary business operations;
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report
the defect to the carrier and notify us without delay. In doing so you help us to assert our own claims against the carrier or
transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted
the item to the carrier or other contractor for forwarding to the defined person or establishment.
9. Warranty and guarantees
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect
to consumers, the statutory guarantee provisions of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:
- In the event of injury to life, limb or health
- In case of intentional or grossly negligent breach of duty as well as fraudulent intent
- In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the
manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty.
Provisions for merchants
Among merchants, the obligation to examine and give notice of defects. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and
on special information pages in the online shop.
Complaints and return of goods
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or data use, arising out of or in connection with this contract or the services provided, whether in contract, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages. Our total liability under this contract shall not exceed the amount paid by you for the services in the 14 days prior to the event giving rise to the claim. This limitation of liability is a material part of the bargain between you and us and shall apply to the fullest extent permitted by law.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/
In order to settle disputes arising from a contractual relationship with a consumer or
from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at
https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/