Disclaimer
Shipping & Delivery
Countries of dispatch:
Dispatch is possible in all countries of the EU.
For dispatch in non-EU countries, a separate, non-binding request should be directed to the Seller. The respective conditions and/or arrangements will be determined separately.
Shipping costs:
Shipping costs in EU countries can be calculated as part of the order process. The amounts calculated there contain the respective VAT.
Before the order is concluded, all amounts (including the shipping costs) will be presented once more and shown individually.
Payment methods
Types of payment
We offer you the following ways to pay: Simply choose the best payment method for you.
The shipping costs depend in part on the type of payment you select. The prices listed in the respective offers represent end prices. They include all price components, including any accrued tax such as VAT. You will only need to pay additional taxes (e.g., in the case of intra-community acquisition) and/or fees (e.g., customs duties) if delivery exceeds limits in individual cases. However, you will not pay these taxes to the Seller, but to the competent customs and/or tax authorities who there. The accrued delivery and shipping costs are not contained in the purchase price; they can be called up via the page “Shipping Costs”, are shown separately in the course of the order process, and are also to be borne by you.
Credit Cards
You can pay quite simply by using a Visa or Mastercard. This is processed by our service provider, Stripe. Your credit card will be charged upon conclusion of the order.
PayPal
Paying with your PayPal account is more secure and faster.
Prepayment
Please transfer the total amount of your order into our account:
Account owner: Peter Sturm
Credit institution: Hypo Tirol Bank AG
BIC: HYPTAT22
General Terms and 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.
PRIVACY STATEMENT
This Data Privacy Statement explains the nature, scope and purpose of the collection and use of data from visitors and users (hereinafter referred to collectively as “Users”) by Peter Sturm, Högweg2, A-6133 Weerberg, Tel.: 0043 5224 68583, office@magnumaster.at, Fax: 0043 5224 68583-20 (hereinafter “Provider”) as an office responsible for data protection.
We gladly accept questions, ideas or requests for corrections regarding data protection at our e-mail address.
By using this website, you give your consent for Google to process the data collected about you, in the type and manner described below and for the purpose named above. You can object to the data collection and storage at any time, with effect for the future.
By using this website, the user declares their agreement with this Data Privacy Statement.
Collecting access data
The provider collects data about each access of the online services (known as “server log files”). Access data include the name of the accessed website, files, data and time of access, the amounts of transferred data, notification about the successful access, browser type (including version), the user’s operating system, referring URL (the site visited previously), IP address, and the requesting provider.
The provider uses the protocol data only for statistical evaluation for the purpose of operations, security, and optimisation of online services, in accordance with statutory provisions, and without allocating such data to the person of the user or other similar profile compilation. However, the provider reserves the right to subsequently check the recorded data if there is a legitimate suspicion of illegal use based on concrete evidence.
Collecting and using personal data
The provider will only collect and use personal data if this is legally permissible or if users consent to such data collection. Users can normally recognise which data will be stored when they use this service (e.g., name, e-mail address and message when using the order form).
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, transmitted in encrypted form, and not transferred to third parties who are not involved in the ordering, delivery and payment procedures.
When the user contacts the provider (via contact form or e-mail), the user’s data will be saved in order to handle the request, and in case follow-up enquiries arise.
The provider has taken organisational, contractual and technical security measures to ensure the provisions of data protection laws are complied with, and to prevent accidental or deliberate manipulation, loss, destruction or access by unauthorised persons.
Customer account:
For each customer who registers properly, we establish direct, password protected access to their inventory data we are storing. Here, the user can view and administer their data. We assume no liability for improperly used passwords.
Data transmission to third parties
User data will only be transmitted to third parties if this is legally permitted or if a user has consented to this transmission.
This is the case, for example, if the transmission of data helps fulfil contractual obligations toward the user and the postal address is transmitted to a forwarding company after a shop order has been placed. Of if data is requested by competent bodies such as criminal prosecution authorities.
Users’ personal data will never be sold or transmitted to third parties for advertising purposes or to create a user profile.
Cookies
The provider uses cookies as part of his online services. Cookies are small files that are placed in users’ computers and can store information for providers. Temporary cookies are deleted after the browser is closed, while permanent cookies remain for a specified period of time and can provide the stored information if the online services are accessed again.
Cookies make it easier to use the service. For example, a cookie stores the status of a user’s shopping cart.
The user can influence the use of cookies. Most browsers include an option to restrict or prevent the storing of cookies. The provider has made an effort to configure his online services so that the use of cookies is unnecessary. However, he must point out that the use and, in particular, the user-friendliness will be restricted without the use of cookies.
Google Analytics
The provider uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses cookies: text files, which are stored on users’ computers and which enable an analysis of how you use the website. The information the cookie generates about how users use this website is normally transferred to a Google server in the USA and then stored there.
If IP anonymisation is activated on this website, however, Google will truncate users’ IP addresses beforehand, within Member States of the EU or other States party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there.
IP anonymisation is active on this website. On behalf of this website’s operator, Google will use this information to evaluate users’ use of the website, assemble reports about website activity, and render services for the webmaster regarding website and internet use.
The IP address transferred as part of Google Analytics will not be combined with other Google data. Users can prohibit the storing of cookies by adjusting the settings on their browser software accordingly; however, the provider points out to users that if they do so, they will not be able to use all functions of this website to their full capacity. Moreover, users can prevent Google from recording or processing the data generated by the cookies regarding their use of the website (including their IP addresses) by downloading and installing the browser plug-in found under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de.
Revocation, changes, reports and updates
The user is entitled to receive information upon request about their personal data the provider has stored, free of charge. You will find contact data in the provider’s Impressum (legal notice).
In addition, users have the right to correct erroneous data, and to block or delete personal data, provided this does not contradict any legal obligation to store it.
The provider reserves the right to alter the Data Privacy Statement in order to adjust it to an altered legal situation, or if services or data processing change.
Withdrawal
A. Instructions regarding withdrawal
Consumers are entitled to withdraw.
A consumer 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. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Peter Sturm, Högweg2, A-6133 Weerberg, Tel.: 0043 5224 68583, office@magnumaster.at, Fax: 0043 5224 68583-20) using a clear statement (e.g., a letter sent by post, telefax, or e-Mail) about your decision to cancel this contract. You can do this by using the sample withdrawal form attached, but this is not mandatory. Submitting notification of the exercise of the right of withdrawal before the end of the withdrawal period is deemed sufficient in order to comply with the time limit for the withdrawal.
2. Consequences of Withdrawal
If you withdraw from this contract, we must refund all the payments we have received from you, including the delivery costs (except the additional costs incurred if you chose a different type of delivery than the cheapest standard delivery we offered), without delay, and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract.
For this repayment, we will use the same currency you used in the original transaction, unless otherwise explicitly agreed with you; in no case will you be charged because of this repayment.
We can refuse the repayment until we have received the goods back or until you have supplied proof that the goods have been returned—whichever is earlier.
You must return or deliver the goods to us immediately, and in any case, not later than within fourteen days from the day on which you inform us about your withdrawal from the contract.
The time limit is deemed met if you submit the goods before fourteen days has expired.
You shall bear the cost of returning the goods.
You will only need to pay for any diminished value of the goods if this loss is attributable to your handling the goods in a manner other than what is needed to test their nature, properties, and operation.
3. Exclusion and/or premature expiration of the right of withdrawal
The right of withdrawal does not exist for contracts
– to deliver goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is crucial, or which are unambiguously tailored to the consumer’s personal needs.
Returns
The methods named in this section (“Returns”) are not prerequisites for effectively exercising the right of withdrawal.
Customers are requested to notify the Seller before returning merchandise, in order to announce the return. In this manner, they will enable the seller to allocate the products as quickly as possible.
Customers are requested to return the merchandise to the Seller as a post-paid package, and to keep the mailing receipt. The Seller will reimburse the Customer for postage costs in advance upon request, if they are not to be borne by the Seller himself.
Customers are requested to avoid damaging or soiling the merchandise. If possible, the merchandise should be sent back to the Seller in its original packaging with all accessories. If the Buyer no longer possesses the original packaging, other suitable packaging should be used in order to ensure adequate protection from transport damage and to avoid all claims for damage compensation due to damages resulting from deficient packaging.
B. Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To
Peter Sturm
Sturmschmiede
Högweg 2
A- 6133 Weerberg
office@magnumaster.at
Fax: 0043 5224 68583-20
I/we (*) hereby revoke the contract I/we (*) concluded for the purchase of the following goods (*) / the provision of the following services (*)
___________________________________________________________________________________________
___________________________________________________________________________________________
Ordered on (*)__________________________/Received on (*)_____________________________
Name of the consumer(s)________________________________________________________
Address of the consumer(s)________________________________________________________
Consumer signature (only if making notification on paper)
Place, on the date
—————————————
(*) Delete as applicable.