T&Cs and information
General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with neomagtec GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
We accept your offer within two days by
- issuing a declaration of acceptance in a separate e-mail or,
- if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).
The relevant alternative for you depends on which of the events listed occurs first.
A minimum order value of €10 including VAT and plus any applicable shipping costs applies to the order.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, French, Spanish
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. delivery conditions
Delivery options
We ship the products to the delivery address specified in the order process.
You have the option of picking up your order at neomagnete, Rhabarberweg 14, 12357 Berlin, Germany during the following business hours: Monday through Friday 9.00-14.00h
5. Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
5.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 2 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate and a lump sum of EUR 40. Further claims remain unaffected by this.
5.3 Payment methods
The following payment methods are available in our store.
Prepayment
If you select the prepayment payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
PayPal
In order to be able 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, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of withdrawal
Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The product remains our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transportation damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following limitations and shortening of time limits 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 the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Limitations vis-à-vis entrepreneurs
Only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Note to merchants
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
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 store.
10. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of conduct
We have submitted to the following codes of conduct:
12. Agreement on the use of Trusted Shops buyer protection
You can protect orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops, together with a guarantor, offers a fee-based protection. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly labeled button of the so-called Trustcard, which appears as a pop-up on the order thank you page after completing an order. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to be able to offer you (automatic) buyer protection, the Trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be secured automatically. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
14. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.