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Terms & Conditions

Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR PREORDERS IN THE ONLINE SHOP OF MAGNIFICENT

 

§ 1 Contracting Parties, Scope of Application, General Information

(1) MAGNIFICENT is a young company domiciled in Germany, that intends to offer leather accessories (handbags) for sale. The following provisions are the terms and conditions for the non-binding preorder of products from the Collection Noir through the customer (hereinafter referred to as “customer”).

(2) Contracting Partner of the customer is MAGNIFICENT  / Andrea Langer, Westernbruchstr. 34, 59556 Lippstadt (Germany) (hereinafter referred to as ”MAGNIFICENT”)

(3) The business relations between MAGNIFICENT and the customer shall exclusively be governed by the following General Terms and Conditions as amended at the time of ordering. Any deviating terms and conditions of the customer shall not be acknowledged, unless MAGNIFICENT explicitly agrees to their application in writing.

(4) Contracts with the customer shall be made exclusively in the German or English language, in each case depending on whether the customer makes the relevant purchase on either the German part or the English language part of the online shop. Therefore, if the order is made on the German part of the site exclusively the German version of the Terms and Conditions shall be relevant. If the order is made on the English part of the site exclusively the English version of the Terms and Conditions shall apply.

§ 2 Conclusion of Contract, Alteration of Contract

(1) For presale, the customer may choose his items of choice of Collection Noir from MAGNIFICENT’s online shop and add them to the cart via the button “Pre-Order Now”. After finishing the selection the customer can click on the “Proceed to checkout” button, which will take him directly to the checkout area, where billing and shipping information can be added and the full non-binding pre-order can be checked again before submitting it via the button “Place pre-order now”. The customer may modify and view the data at any time before sending the non-binding pre-order.

(2) Thereupon MAGNIFICENT will send the customer an automatically generated acknowledgement of receipt sent by e-mail, in which the receipt of the non-binding pre-order is being confirmed, and all relevant information regarding the pre-order and pre-ordered goods are provided. The automatically generated acknowledgement of receipt only documents that the customer’s pre-order has been received by MAGNIFICENT; it does not constitute an acceptance of the offer. The automatically generated acknowledgement of receipt sent by e-mail also includes a highlighted copy of the legal right of withdrawal (§ 10 withdrawal policy) and the currently applicable General Terms and Conditions which the customer can save and print out.

(3) The contract will only come into existence through a full payment of the goods by the customer, after the goods are available and in-stock, and thereafter the acceptance of the offer by MAGNIFICENT. The customer will be notified in a separate email, when and how the payment can be made.

(4) The customer may cancel the pre-order procedure by closing the browser-window. MAGNIFICENT saves the content of the agreement for the statutory time period (especially according to fiscal regulations). Customer receives the content of the agreement with the acknowledgement of receipt email, in case of loss MAGNIFICENT sends customers a copy of the agreement upon written request.

§ 3 Delivery, Availability of Goods

(1) The order placed is a preorder of products from MAGNIFICENT’s Collection Noir. The specific time of completion of the goods and their delivery has not yet been determined. The first final products are expected to be available as of May 1st 2017, however, this date is not binding.

(2) The customer will be informed separately of the completion of the pre-ordered goods and their expected delivery by separate email. He may then transform the pre-order into a binding order by completing the checkout process and paying in full for the chosen goods. Information about the checkout process will be provided via email at that time. After completing the payment MAGNIFICENT will effect delivery expectedly within 2 weeks after receipt of the email.

§ 4 Reservation of Title

The delivered goods remain the property of MAGNIFICENT until payment has been received in full.

§ 5 Prices and Shipping Charges

(1) All prices indicated on MAGNIFICENT website include the applicable statutory value added tax (VAT).

(2) The respective shipping charges are indicated to the customer in the order form and shall be borne by the customer, unless the customer exercises his/her legal right to withdraw from the contract (§ 10). The goods are dispatched in the form specified in the order.

§ 6 Payment

(1) The customer may effect payment by PayPal. Payments effected with Paypal are processed by PayPal (Europe) S.à.r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg.

(2) The payment of the pre-order price is due as soon as the pre-ordered goods are in stock, if the customer choses to put in a binding order at that time. 

(3) The customer’s obligation to pay default interest shall not exclude MAGNIFICENT’s right to enforce further claims for damages due to default.

(4) Should a debit from the customer’s account via direct debiting fail for reasons within his/her control, the customer shall refund the bank handling charges incurred to MAGNIFICENT by the return debit.

§ 7 Warranty, Guarantee

(1) Warranty for defects is subject to the statutory provisions. The warranty period for items supplied by MAGNIFICENT to companies shall be 12 months.

(2) Any additional guarantee for goods supplied by MAGNIFICENT only applies where such guarantee is explicitly given in the order confirmation for the respective article.

§ 8 Liability

(1) Any claims for damages by the customer are excluded unless in those cases where the customer’s claims for damages arise from injury to his/her life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by deliberate or gross breach of duty by MAGNIFICENT, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.

(2) In the event of a violation of material contractual obligations MAGNIFICENT may only be held liable for foreseeable damage typical of the contract, provided that such damage was caused by slight negligence, unless the customer claims damages arising from injury to his/her life, body or health.

(3) The restrictions set forth in Clauses 1 and 2 above also apply in favour of MAGNIFICENT’s legal representatives and vicarious agents if damages are claimed directly from them.

(4) The provisions of the Produkthaftungsgesetz [German Product Liability Act] remain unaffected.

§ 9 No Sale to Commercial Consumers

The goods offered in the shop are exclusively sold to consumers and companies which are end-consumers. Goods shall not be commercially resold without MAGNIFICENT’s explicit written approval. Hence, MAGNIFICENT reserves the right not to accept any contractual offers which give the impression to be submitted for the purpose of a commercial resale of goods.

§ 10 Legal Right of Withdrawal

Customers with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) have the legal right of withdrawal that MAGNIFICENT hereby informs about:

§ 10a Withdrawal Policy

Legal Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or a representative third party who is not the carrier, have taken possession of the goods

To exercise your right of cancellation, you must notify us

MAGNIFICENT / Andrea Langer, Westernbruchstr. 34, 59556 Lippstadt (Germany)

E-Mail: shop@magnificentbag.com, Phone: +49 1575 891 9999,

by a clear statement (eg letter by mail, fax or email) of your decision to withdraw from this contract. You can use the withdrawal form (§ 10 b), however, this is not mandatory.

In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.

Effects of withdrawal

If you withdraw from this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us expensive type of standard delivery have) immediately at the latest within fourteen days from the date of receipt of your cancellation notice. For the repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will not be charged any fees for this repayment.

We may withhold the reimbursement until we have either received the returned goods or if evidence is supplied that you have returned the goods to us, whichever is earlier.

Immediately, at the latest within fourteen days from the day of your notification of withdrawal, you have to return the goods to us. The deadline is met if you submit the goods before the period of fourteen days.

You have to bear the direct shipping costs for the return of the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature of the goods.

End of withdrawal policy

§ 10b Standard Withdrawal Form

(If you want to cancel the contract, please fill out this form and send it back.)

MAGNIFICENT / Andrea Langer, Westernbruchstr. 34, 59556 Lippstadt (Germany)

E-Mail: shop@magnificentbag.com, Phone: +49 1575 891 9999,

Hereby give notice that (s) I / we (*) from my / us (*) concluded contract available via the purchase of the following products (*) / provision of the following services (*)

Appointed on (*) / received on (*)

Name of person / consumer (s)

Address of person / consumer (s)

Signature of / consumer (s) (with message on paper only)

date

§ 11 Data Privacy

(1) MAGNIFICENT collects customer data in the processing of contracts. In this processing, MAGNIFICENT observes in particular the provisions set forth in the Bundesdatenschutzgesetz and the Telemediengesetz. MAGNIFICENT will only collect, process or use customer data and website usage data with the customer’s consent as far as this is required for handling the contractual relations and for the use and accounting of telemedia services.

(2) MAGNIFICENT will not use any customer data for advertising, market or opinion research without the customer’s consent.

(3) Regarding customer’s consent and further information about the collection, processing and use of data, reference made to the Data Privacy Statement which is available in printable form at any time on MAGNIFICENT’s website via the “Data Privacy” button.

(4) The data entered with regard to the processing through foreign payment service providers are not stored by MAGNIFICENT, however by the respective payment provider as the case may be. The respective data privacy provisions of the payment service provider apply in this respect.

§ 12 Final Provisions

(1) As far as the customer is a consumer with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other customer, the contracts between MAGNIFICENT and its customers are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the international sale of goods. Regardless of that choice of law, consumers are always protected by the mandatory consumer protection law of the State the costumer has its habitual residence in at the time of the conclusion of the contract. As far as the customer is a consumer neither with habitual residence or abode in one of the Member States of the European Union (EU) nor in the European Economic Area (EEA), the law of the Federal Republic of Germany and the German consumer protection law is applicable to the exclusion of the United Nations Convention on Contracts for the international sale of goods.

(2) Venue for all disputes arising from contractual relations between the customer and MAGNIFICENT GmbH is MAGNIFICENT’s registered office, provided that the customer is a salesperson, a legal person under public law or a special fund under public law.

(3) If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.

Revised December 13th, 2016

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