General terms and conditions and Customer information

1. Area of Application
2. Conclusion of a contract
3. Right of withdrawal
4. Prices and conditions for payment
5. Terms of shipping and delivery
6. Retention of title
7. Liability for defects
8. Applicable Law
9. Information to Online Dispute Resolution for consumers

1. Area of Application
1.1 This General Terms and Conditions (hereafter referred as "GTC") of "Helmut Schmitt" trading under the Company Name " HS Systeme Inh. Helmut Schmitt" (hereafter referred as "seller"), are valid for all contracts, which will be closed between a consumer or a trader (hereafter referred as "customer") with the seller in regard of the products/services which the seller offers in his online shop. Any involvement of own conditions of the customer are hereby expressly contradicted, unless it is otherwise agreed.
1.2 Consumer as defined in this GTC is any natural person who closed a transaction which for purposes which can be attributed mostly neither its commercial nor its self-employed professional activity.
1.3 Trader as defined in this GTC is any natural or juridical person or a legal private company, which will close a transaction in exercise of its commercial or its self-employed professional activity.

2. Conclusion of a contract
2.1 The product presentations in the online shop of the seller are not a binding offer of the seller, but intended to submit a binding offer by the customer.
2.2 The customer can submit the offer in the online order form of the online shop of the seller. After placing the selected goods and / or services in the virtual shopping cart and after going through the electronic ordering process the customer will submit the offer for a legally binding contract offer in relation to the goods and / or services contained in the basket by clicking the final button. Furthermore, the customer can also submit the offer to the seller by phone, by e-mail or by post.
2.3 The seller may accept the offer of the customer within five days
- by forwarding a written confirmation or a confirmation in text form (letter or e-mail) to the customer, wherein the receipt of the order
confirmation at the customer is decisive, or
- by delivery of the ordered goods to the customer, wherein the receipt of the goods at the customer is decisive, or
- by demand of payment after submit of the order of the customer.
Are several of the aforementioned alternatives existing the contract results at that time, where one of the aforementioned alternatives occurs first. If the seller don't accept the offer within the aforementioned period, this shall be deemed as a rejection of the offer with the result that the customer is no longer bound by his intention.
2.4 If the customers selects "PayPal Express" for payment method the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (in the following "PayPal"), under application of the PayPal terms and conditions, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or - if the customer does not have an PayPal account – under application of the terms and conditions without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" for payment method during the order process by clicking of the final button for completion of the order process at the same time he generates the payment order to PayPal. In this case, the seller declares, notwithstanding section 2.3, already now acceptance of the customer's offer at the time, in which the client activates the payment process by clicking the final button for a binding offer.
2.5 When submitting an offer via the online order form of the seller the contract will be stored by the seller and sent to the customer after sending his order together with the GTC in writing (e.g. e-mail, fax or letter). In addition, the text of the contract will be archived on the seller's website and can be accessed by the customer with his login data free of charge in the password protected customer account, unless the customer has created an account in the online shop of the seller before submitting his order.
2.6 Before submission of the binding order through the online order form of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before submit the binding order and can also there be corrected using the usual keyboard and mouse functions.
2.7 For conclusion of the contract only German and English language are available.
2.8 Order processing and contact happens usually by e-mail and automated order processing. The customer must ensure that the e-mail address he has entered for the order process is correct so that he can receive e-mails from the seller. Particularly, the customer must ensure in the use of spam filters that all e-mails of the seller and / or of third parties instructed with the order process can be forwarded.

3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information to the right of withdrawal arising from the instruction for revocation of the seller.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4. Prices and conditions for payment
4.1 Unless alternative information in the product description of the seller, the indicated prices are the total prices of the product including the statutory German VAT. Possibly additional delivery and shipping costs are displayed in the order process separately.
4.2 Deliveries to countries outside the European Union are carried out without German VAT. However, it may incur other costs that the seller is not responsible for and which the customer has to pay. These can be amongst others costs for bank transfer (e.g. transfer fees, exchange fees) or legal import duties and taxes (e.g. customs duties, import tax). Such costs for money transfer may also be incurred if the delivery will not be outside the European Union, but the customer makes payment from a country outside the European Union.
4.3 The customer has different possibilities for payment which are shown in the online shop of the seller.
4.4 When selection of the payment method "Pre-payment", payment is due immediately after conclusion of the contract.
4.5 When selection of the payment method "PayPal" the payment process will be handled via the payment provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under application of the PayPal terms and conditions, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Precondition is that the customer must open a PayPal account respectively he already is using such an account.
4.6 When selection of payment method "Credit card via ipayment" the payment process will be handled via the ipayment payment system of 1&1 Internet AG who will forward the payment request of the customer to the respective payment provider. For this payment process the terms and conditions of the respective payment provider apply, which the customer can see during the electronic payment process and which he must accept. The payment method "Credit card via ipayment" is under reservation that the respective payment provider accept the payment request of the customer.
4.7 In co-operation with Klarna we offer the following payment options within the scope of "Klarna Checkout". The payment has to be made directly to Klarna:
- Klarna Invoice (Rechnung)
- Klarna Hire-purchase (Ratenkauf)
Die payment options will be offered within the scope of "Klarna Checkout". Detailed information to Klarna Invoice and Klarna Hire-purchase as well as the conditions of Klarna for this payment options are shown in the payment information of the seller on his website: https://www.magic-motion.de/en/payment
4.8 When selection of payment method "Klarna Invoice" or "Klarna Hire-purchase" payment process is via Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (in the following "Klarna"). Detailed information to Klarna Invoice (Klarna Rechnung) and Klarna Hire-purchase (Klarna Ratenkauf) as well as the conditions of Klarna are shown in the payment information of the seller on his website: https://www.magic-motion.de/en/payment

5. Terms of shipping and delivery
5.1 Delivery of the goods is regularly by shipping to the delivery address specified by the customer. During handling of the transaction, the delivery address specified by the customer is relevant for the purchase processing. Differing from this, in case of selection PayPal as payment method the delivery address which is registered at PayPal at the time of payment is relevant.
5.2 If the shipping company will sent the goods back to the seller because delivery to the customer was not possible, the customer has to bear for the costs for the unsuccessful delivery. This does not apply if he is not responsible for the circumstance which has led to the impossibility of delivery or if he was temporarily prevented accepting the offered service, unless the seller announced the service to him a reasonable time in advance,
5.3 Because of logistical reasons pickup of goods is not possible.

6. Retention of title
In case of advance payment of the seller, the seller reserves ownership of the supplied goods until full payment of the owing purchase price

7. Liability for defects
7.1 If the object of purchase is faulty, the regulations of the statutory warranty apply.
7.2 The customer is asked to claim delivered goods with obvious damages to the deliverer and to inform the seller accordingly. If the customer does not comply, this has no effect on his legal or contractual warranty claims.

8. Applicable Law
8.1 For all legal relationships between the parties the law of the Federal Republic of Germany applies, excluding the laws of the international sale of mobile goods. For customers this choice of law shall apply only insofar as the granted protection is not withdrawn by mandatory provisions of law of the country in which the consumer has his usual residence.
8.2 Furthermore, this choice of law shall not apply with respect to the legal right of withdrawal for consumer who do not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time of concluding the contract is outside the European Union.

9. Information to Online Dispute Resolution for consumers
The EU commission offers in the internet a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved. We are neither obliged nor willing to participate in a dispute settlement procedure at a consumer compliant office.


IMPORTANT:
This translation of the Privacy Notice is a service for our English-speaking customers. Legally binding is only the version in German language.

 

 

Magic Motion is a brand. The name is registered and trademarked at the German patent office in Munich.