Terms & Conditions

1. Scope
2. Offerings and service descriptions
3. Ordering procedure and contract conclusion
4. Prices and shipping costs
5. Delivery, availability of merchandise
6. Payment methods
7. Reservation of title
8. Warranty against material defects and guarantee
9. Liability
10. Storing the text of the contract
11. Data protection
12. Place of jurisdiction, applicable law, general

1. Scope
1.1. For the business relationship between Peter Sturm, 6133 Weerberg (hereinafter “Seller”) and the client (hereinafter “Client”), the following General Terms and Conditions shall apply exclusively, in the version valid at the time of order.
1.2. You may reach our customer service department for questions, complaints and objections on weekdays from 9:00 to 18:00 under the telephone number 0043 5242 68583, or by e-mail at mm@magnumaster.at.
1.3. The Seller as defined by these GTCs is any natural person who concludes a legal transaction that does not belong to the business of his company (§1 German Protection Against Dismissal Act, or KSchG).
1.4. Client conditions that differ from this will not be acknowledged or accepted.

2. Offerings and service descriptions
2.1. The presentation of products in the online shop does not represent a binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not represent guarantees or warranties.
2.2. All offers apply “while supplies last”, unless something to the contrary is stated regarding the products. Apart from that, errors are reserved.

3. Ordering procedure and contract conclusion
3.1. The Client can make a non-binding selection from the Seller’s product range, then place this and other selections in a “shopping cart” by using the button [Add to Shopping Cart]. Afterwards, the Client can proceed to the conclusion of the ordering process within the shopping cart by using the button [Proceed to Checkout].

3.2. Using the button [Buy], the Client can make a binding offer to purchase the merchandise in the shopping cart. The Client can inspect and/or change the Data at any time before making the order. Required information is marked with an asterisk (*).

3.3. The Seller then automatically e-mails the Client a receipt confirmation, which lists the Client’s order again and which the Client can print using the “Print” function (order confirmation). The automatic receipt confirmation merely documents that the Client’s order has been received by the Seller, and does not represent an acceptance of the offer. The purchase contract is only formed if the Seller sends or delivers the ordered product to the Seller within 2 days, or has confirmed the dispatch to the Client within 2 days with a second e-mail, an explicit order confirmation, or by sending the invoice.

3.4. If the Seller enables an advance payment, the contract is formed upon provision of the bank data and payment request. If the Seller has not received the payment by 10 days after the order confirmation has been sent, even though payment is due and even though another request to pay has been made, the Seller withdraws from the contract, thereby invalidating both the order and the Seller’s obligation to deliver. The order is then considered settled for the Buyer and Seller without further consequences. Therefore, if advance payments have been made, an article can be reserved for 10 calendar days at the longest.

4. Prices and shipping costs
4.1. All prices indicated on the Seller’s website are understood to include legal VAT.
4.2. The Seller shall calculate shipping costs for dispatching the merchandise, in addition to the given prices. The shipping costs will be clearly communicated to the Buyer on a separate information page and within the order process.

5. Delivery, availability of merchandise
5.1. If an advance payment has been agreed, delivery will be made upon receipt of the invoiced amount.
5.2. If some ordered products are not in stock, the Seller is entitled to make partial deliveries, at his cost, provided this is reasonable for the Client.
5.3. If merchandise delivery fails after three attempts and the Buyer is at fault, the Seller can withdraw from the contract. Any payments the Client has made shall be immediately refunded, minus a reasonable amount to compensate for expenses.
5.4. If the ordered product is unavailable because the Seller’s suppliers have not delivered it to them (and the Seller is not at fault), the Seller can withdraw from the contract. In this case, the Seller shall inform the Client immediately, and may recommend the delivery of a comparable product. If no comparable product is available, or the Client does not wish that a comparable product be delivered, the Seller shall immediately reimburse the Client for any payments already made.
5.5. Clients will be informed about delivery times and delivery restrictions (e.g., limitation of deliveries to certain countries) on a separate information page or within the description of the product in question.

6. Payment methods
6.1. The Client can select from among the available payment methods during the ordering process and before it is concluded. Clients shall be informed about available payment methods on a separate information page.
6.2. If payment by invoice is possible, the payment must be made within 30 days after the merchandise and invoice are received. For all other payment methods, the payment must be made in advance with no deduction.
6.3. If third-party providers are commissioned with payment processing (e.g., PayPal), their General Terms and Conditions shall apply.
6.4. If the payment’s due date is determined by the calendar, the Client enters into default as soon as this date has passed. In this case, the Client must pay the legal default interest.
6.5. The Client’s obligation to pay the default interest does not exclude the assertion of further damages by the Seller.
6.6. The Client is only entitled to set-off rights if their counterclaims have been legally ascertained or acknowledged by the Seller in writing. The Client can only exercise a right of retention if the claims arise from the same contractual relationship and the rules for the set-off have been met.

7. Retention of title
The delivered goods remain the property of the Seller until they have been paid for in full.

8. Warranty against material defects and guarantee
8.1. The guarantee is based upon statutory provisions.
8.2. A guarantee exists for the merchandise the Seller has delivered if this is expressly indicated. Clients are informed about the warranty conditions before the ordering process is initiated.

9. Liability
9.1. The following liability exclusions and limits apply to the Seller’s liability for compensation for damages, without prejudice to other statutory prerequisites for making claims.
9.2. Liability for slight negligence is excluded.
9.3. Also excluded are compensation for consequential and/or pecuniary damages, unrealised savings, interest loss and third party claims against the Buyer.
9.4. If general conditions for mounting, start-up and use by the Buyer and/or third parties are not observed, every type of damage compensation is excluded.
9.5. If the Seller’s liability is excluded or limited, this also applies to the personal liability of the Seller’s employees, representatives and vicarious agents.
9.6. Liability for any damage whatsoever that is caused by operations performed under the influence of alcohol, no matter the intensity, is excluded.
9.7. Liability for any damage whatsoever is limited to the amount of the Seller’s insurance sum.

10. Storing the text of the contract
10.1. The Client can print the text of the contract before placing the order with the Seller, by using their browser’s print function in a final step of the ordering process.
10.2. Moreover, the Seller shall send the Client an order confirmation, containing all order data, to the e-mail address the Client provides to him. Upon order confirmation, the Client shall also receive a copy of the GTC, as well as information on revocation, shipping costs, and delivery and payment conditions. If you have registered in our shop, the orders you have placed can be seen in your profile area. Furthermore, we will store the text of the contract but not make it accessible in the internet.

11. Data protection

11.1. The Seller shall process the Client’s personal data for a specific purpose and in accordance with legal provisions.
11.2. Personal data given for the purpose of ordering merchandise (such as name, e-mail address, address, and payment data) will be used by the Seller to fulfil and process the contract. This data will be treated confidentially and will not be transferred to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. The Client is entitled to receive information upon request about their personal data the Seller has stored, free of charge and at any time. In addition, they have the right to correct erroneous data, and to block or delete their personal data, provided this does not contradict any legal obligation to store it.
11.4. You will find further information about the type, scope, place and purpose of the Seller’s collection, processing and use of required personal data in the Data Privacy Statement.

12. Place of jurisdiction, applicable law, general
12.1. The place of performance for deliveries and/or payments is A-6133 Weerberg.
12.2. The court that is responsible for the Seller’s headquarters (A- 6133 Weerberg) in terms of location and subject matter, and in accordance with Austrian procedural laws, shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from the order and its implementation, and/or its rescinded transaction, breakdown, etc., and/or all claims of any type whatsoever that relate to the contract/order.
12.3. It is agreed that legal disputes shall be exclusively subject to Austrian substantive law. The use of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
12.4. The contractual language is German.
12.5. Amendments and supplements to contracts or agreements between the contracting parties require the written form. Verbal agreements are invalid. The requirement to use written form must itself be made in writing.
12.6. If one or more provisions of contracts or other written agreements are or become ineffective or unenforceable, the validity of the remaining provisions is not affected thereby. The ineffective or unenforceable provision shall be replaced by an analogous valid regulation that comes closest to the economic purpose of the ineffective or unenforceable clause, or if individual provisions of these business conditions become invalid or ineffective, the validity or the remaining provisions shall not be affected.