Terms of Service
1. General information and definitions
The provider of the content of this website is magnetschmuck-4you S.L., represented by the managing director Tais dos Santos Miranda, Llorenç Vicens 1-2B, E-07002 Palma de Mallorca.
Sales partners are legally independent companies who use the online portal of the provider to offer users the products presented in the online portal for sale.
The following contractual conditions apply to all contracts concluded between the provider, the respective sales partner and the respective user.
2. Information on the creation, prices, shipping costs, contract language, storage and warranty
The provider offers users of the website the opportunity to find out more about the provider’s services within the framework of the online portal and the provider’s product range.
The provider is not responsible for the design of any website of its own or for the offers made by the sales partners. Rather, these are legally managed independently by the respective sales partners.
When purchasing a selected item, there is therefore no contract with the end-user and Magnetic Jewelry-4YOU S.L. The binding contract is made exclusively between the user and the respective sales partner.
The supplier’s range of goods on the Internet does not represent a binding offer to conclude a purchase contract, but an invitation to submit an offer to the respective sales partner. The user can submit his purchase offer by telephone, in writing, by fax, e-mail or via the ordering system integrated in the online portal of the provider. The provider establishes a connection between the user and the sales partner within the framework of the online portal.
When ordering via the online shop, the goods that you intend to purchase are placed in the virtual „shopping cart“. The customer can use the appropriate button on each page to call up the “shopping cart” and make changes there. Then the buyer enters the personal data and selects the payment and shipping conditions.
Before the final submission of the purchase offer, the customer has the opportunity to check his details again, to change or to cancel the purchase.
By submitting the order using the „Order subject to payment“ or „Buy“ button, the customer submits a binding offer. The customer first receives an automatic email about the receipt of his order. The confirmation of the receipt does not yet lead to the conclusion of a contract.
The acceptance of the offer and thus the conclusion of the contract take place separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the buyer, or by sending the goods.
If the buyer has not received an order confirmation or notification of delivery, or has not received any goods within seven working days, he is no longer bound to the order. In this case, any services already rendered will be reimbursed immediately.
The respective offers include prices including VAT (if applicable). The prices are final prices. They include all price components including all applicable taxes.
Only in the case of cross-border deliveries, additional taxes (for instance in the case of an acquisition within the European Community) and / or duties (like customs duties) may be payable by the buyer in individual cases, but not to the seller. They are paid to the responsible customs or tax authorities.
In addition, the buyer has to pay shipping costs. These are not included in the purchase price. They can be called up on the “Delivery and Shipping Costs” page and are shown separately during the ordering process.
The contract language is exclusively German. The contract text (order data and terms and conditions) is saved by the seller.
However, the storage is limited in time and is not accessible to the buyer. The buyer has to arrange for a printout or a separate storage.
Statutory warranty rights apply to all goods from our online shop
(see section 9).
3. Retention of title and choice of law
The goods remain the property of the seller until the purchase price has been paid in full. German law applies to the exclusion of the UN Sales Convention, but only insofar as this does not withdraw mandatory provisions of the law of the country in which the customer has his habitual residence.
4. Limitation of Liability
The seller is fully liable for damage to life, limb or health if he/she fraudulently withholds a defect or has assumed a guarantee for the quality of the object of purchase, for damage caused intentionally and grossly negligently, or for damage under the Product Liability Act. This is required by law.
As long as essential obligations from the contract are affected, the violation of which jeopardizes the purpose of the contract and compliance with which the other contracting party could regularly rely on, the liability of the seller is limited to the contract-typical, foreseeable damage in the event of slight negligence. If minor contractual obligations are breached, the liability for slightly negligent breaches of duty is excluded.
5. Right of withdrawal
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity:
This means that You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days, starting from the day on which you (or a third party named by you), who is not the carrier, has taken possession of the purchased goods.
To exercise your right of withdrawal, you must contact us at:
MAGNEGY Distributions GmbH
Service for Magnetic Jewelry-4YOU
By means of a clear declaration, such as a letter sent by post, fax or email, of your decision to withdraw from this contract.
You can use the attached sample cancellation form (http://www.magnetschmuck-4you.com/WebRoot/Store5/Shops/62962959/4EFB/809B/705A/B027/C335/C0A8/29BA/4D40/A1609122_magnetschmuck4you_Musterwiderrufsformular)
But this is not mandatory.
To meet the cancellation deadline, it is sufficient that you send us your notification of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you back all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest, standard delivery offered by us). This will be repaid immediately, and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. You will not under any circumstances be charged any fees for the repayment.
We can refuse repayment until we have received the goods, or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the expiration of the fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to a type of handling the goods that is not necessary, but you still do it to check the nature, properties and functionality of the goods.
Exceptions to the right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated/original.
Contracts that show that an individual selection has been changed by the consumer and is decisive, or which are clearly tailored to the personal needs of the consumer,
Contracts for the delivery of goods whose expiration date would quickly be exceeded,
Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
Contracts for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature,
Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts,
Contracts for the delivery of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence, and which can occur within the withdrawal period, in particular services in connection to shares, with shares in open-ended investment funds within the meaning of Section 1 (4) of the Capital Investment Code and with other tradable securities, currencies, derivatives or money market instruments,
Subject to sentence 2, contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities, if the contract for the provision has a specific date or period of provision,
Contracts that are concluded in the context of a form of marketing in which the entrepreneur offers goods or services to consumers who are personally present or who are granted this opportunity, in a transparent procedure carried out by the auctioneer, based on competitive bids, in which the Bidder who has been awarded the contract is obliged to purchase the goods or services (such as a public auction),
Contracts in which the consumer has expressly asked the entrepreneur to visit him in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit that the consumer has not expressly requested, or to those goods delivered during the visit that are not necessarily required as spare parts for maintenance or repair,
Contracts for the provision of betting and lottery services, unless the consumer has made his contract declaration by telephone or the contract was concluded away from business premises, and
– notarized contracts. This only applies to distance sales contracts for financial services if the notary confirms that the consumer’s rights from Section 312d (2) are preserved.
You can call up and print out a Withdrawal Form Sample under the following link: (http://www.magnetschmuck-4you.com/WebRoot/Store5/Shops/62962959/4EFB/809B/705A/B027/C335/C0A8/29BA/4D40/ A1609122_magnetschmuck4you_Musterwiderrufsformular.pdf)6. Payment, shipping and delivery
The prices quoted on the online-shop or through our sales partner are final prices including statutory sales tax.
If delivery or shipping costs are incurred, the seller will indicate this separately.
Various payment methods are available to the user according to the information in the online shop. The collection by Magnetic Jewelry-4YOU S.L. takes place in the name and for the account of the respective sales partner.
Consumers are asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the seller and the carrier of any complaints as soon as possible. Warranty claims remain unaffected.
The delivery of goods takes place regularly by dispatch to the delivery address specified by the buyer.
If delivery to the buyer is not possible and the delivery company sends the ordered goods back to the sender, the buyer bears the costs for the unsuccessful shipment. This does not apply if the buyer exercises his right of withdrawal through refused acceptance, or is not responsible for the circumstance that leads to the impossibility of delivery, or if he/she is temporarily prevented from accepting the offered service and the seller announces the service to him a reasonable time in advance.
The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care.
The seller makes every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the buyer will be informed immediately and the consideration will be reimbursed immediately.
7. Transfer of risk
The risk of accidental loss and accidental deterioration of the purchased item is transferred to the buyer, who is not a consumer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
Section 447 (2) BGB remains unaffected.
Consumers have the statutory right to liability for defects. A warranty of 12 months applies to defective items with material and / or manufacturing defects.
If the customer is an entrepreneur, the warranty period is limited to one year for new goods and excluded for used goods.
If the buyer does not act as a consumer, the seller fulfills warranty claims in the case of defective new goods by repairing them or replacing them at his option. If the customer is a consumer, the warranty period for used goods is limited to one year.
The limitation of liability of paragraph 1 does not apply to grossly negligent or willful damage caused by the seller due to injury to life, body or health or due to the breach of essential contractual obligations. The same applies to breaches of duty by vicarious agents.
If the buyer does not act as a consumer, he is obliged to examine the purchased item immediately with due care for quality and quantity deviations, and to notify the seller in writing of obvious defects within seven days of receipt.
Timely dispatch is sufficient to meet the deadline. The same applies to hidden defects discovered later. In the event of a breach of the duty to examine and notify, warranty claims are excluded.
If the removal of defects according to Paragraph 1 sentence 2 fails twice, the buyer can, at his option, request a reduction or withdraw from the contract. In the case of rework, the buyer bears the increased costs that arise from the fact that the goods were brought to a location other than the place of performance, provided that the movement does not correspond to the intended use of the goods.
9. Extended retention of title
The seller reserves ownership of the goods to buyers who are not consumers until all claims from the current business relationship have been settled in full.
Before the transfer of ownership of the goods, the buyer, who is not a consumer, is not entitled to pledge the item or assign it as security.
He assigns all claims from the resale of goods to the seller, but remains authorized to collect the claim.
The seller accepts the assignment and reserves the right to collect the claim himself if the buyer, who is not a consumer, does not meet payment obligations on time.
When combining and mixing the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
The seller undertakes to release securities to which he is entitled at the request of the buyer, who is not acting as a consumer, insofar as the value of the securities exceeds the claim to be secured by more than 10%.
The choice of securities to be released is incumbent upon the seller.
10. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS platform), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
We are not obliged and would want to avoid participating in a dispute settlement procedure before a consumer arbitration board.11. Place of fulfillment, place of jurisdiction
The registered office of the seller is the place of jurisdiction for merchants, legal entities or public special funds.
If the buyer acts as a consumer and does not have a general place of jurisdiction in Germany or the EU, or in the case when the place of residence or habitual residence is not known at the time the action is brought, the place of jurisdiction is the registered office of the seller.
The right to appeal to the court at another legal place of jurisdiction remains unaffected. (Status as of April 20, 2018)
Withdrawal Form Sample
If you want to cancel the contract, please fill out this form and send it to us:
MAGNEGY Distributions GmbH
Service for Magnetic Jewelry-4YOU S.L
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
………………………………………….. ………………………………………….. ………………………………………….. …………………..
Ordered on: …………….. (*) / received on: ………………..
(*) Name of the consumer (s): ………………………………… ………………………………………….. ………………………….
Address of the consumer (s): …………………………………… ………………………………………….. …………………………………….
Signature of the consumer (s): ………………………………….. ……………..
(only with notification on paper)
Date: ………………………………………… ……….
(*) Delete as appropriate.