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1. Contracting partner
The purchaser’s contracting partner and contact at Magasino is: Repac – Gesellschaft für Dienstleistung, Warenhandel und Logistik mbH (Repac GmbH), Am Piekenbrocksbach 6-12, D-46238 Bottrop, Germany, represented by the managing director Norman R. Reetz, Tel +49 (0)2041 1828-0, Fax +49 (0)2041 1828-18
2. Conditions of delivery and payment
2.1 Delivery of the ordered goods shall be effected while stocks last. Should an article not be at our disposal at a certain time, we reserve the right not to effect delivery. We shall inform you of any lack of availability without delay. Moreover, we shall reimburse any payments already made by you without delay.
2.2 Any performance effected by Repac GmbH are subject to confirmation. The ordered goods will be delivered by German Post / DHL or through a forwarding agent.
2.3 Charges for deliveries depend of the destination of your order. We charge the following fees:
5,95 EUR for deliveries to these countries:
Germany, France
13,50 EUR for deliveries to these countries:
Austria, Belgium, Denmark, Faroe Islands, Great Britain, Guernsey, Isle of Man, Italy , Jersey, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, San Marino, Switzerland, Vatican City
16,50 EUR for deliveries to these countries:
Andorra, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Hungary, Poland, Slovakia, Slovenia, Spain, Sweden
19,50 EUR for deliveries in these countries:
Estonia, Finland, Gibraltar, Greece, Greenland, Iceland, Ireland, Latvia, Lithuania, Malta, Northern Ireland, Portugal, Romania, Ukraine
The mentioned delivery charges will only be claimed once, also in case of deliveries in partial shipments, to which Repac GmbH is entitled to a reasonable extent.
2.4 Orders will be effected via credit card (Master Card, Visa, American Express, Maestro), PayPal and after payment in advance. Changes in the payment alternatives are possible!
2.5 In order to eliminate the credit risk, we reserve the right to exchange data with the company Creditreform Boniversum GmbH, Hellersbergstrasse 14, 41460 Neuss, Germany.
3.1 Cancellation Policy 3.1 The sales contract is concluded when you receive the goods ordered or after notice of the shipment of the goods respectively. The declaration of the will to conclude the contract can be revoked within two weeks after receipt of the goods without the necessity to specify the reasons, in written form or by returning the goods. The two-week time period starts at the earliest at the time of receipt of this instruction, however not before receipt of the ordered goods. In order to meet the deadline, it is sufficient to dispatch the goods within the time limit. The declaration of the rescission must be directed to Repac GmbH, Am Piekenbrocksbach 6-12, D-46238 Bottrop, Germany. 3.2 There is no right of cancellation for the delivery of newspapers, magazines and journals. The right of cancellation shall lapse for CDs, DVDs, videos and software if the items have been unsealed. 3.3 In the event of an effective cancellation, the payments received by both parties shall be returned and derived benefits shall be surrendered where applicable. If you cannot return the received goods to us in full or in part, or only in the deteriorated condition, you must compensate us for any deterioration in value if applicable. This shall not apply to the surrender of items if the deterioration of the item is due to their examination in a way which would have been possible for you in a shop. Furthermore, you shall not have to pay compensation for deterioration of items due to their intended use, by not using the goods as your property and refraining from all actions which affect their value. 3.4 Items which are eligible for parcel delivery shall be returned at our expense and risk. You shall have to bear the costs of returning items when the delivered goods correspond to what was ordered and if the price of the item to be returned does not exceed 40 Euros or if you have not yet provided consideration or a contractually agreed partial payment at the time of the cancellation and the price of the item has increased. Otherwise, returns shall be free of charge for you. Items which are not eligible for parcel delivery shall be collected from you. All payments must be refunded within 30 days. For you the period shall commence when your notice of cancellation is sent and for us the period shall commence with their receipt. - End of cancellation policy - 4. Returns Policy 4.1 You can return the received items without giving reasons within 14 days by sending them back. The period shall commence after the receipt of this written policy (e.g. as a letter, fax, e-Mail), but not prior to the receipt of the goods by the recipient or to compliance with our duties of information in accordance with Art. 246 § 2 in conjunction with § 1 Sec. 1 and 2 EGBGB, and our obligations in accordance with §312e Sec. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. You may also give a notice of return by means of a written request for collection but this only applies to goods which are not eligible for parcel delivery (e.g. for bulky goods). The timely dispatch of the goods or the request for collection of goods shall suffice for compliance with the time limit. In every case, the return shall be at our expense and risk. 4.2. In the event of an effective return, the payments received by both parties shall be returned and derived benefits (e.g. benefits of use) shall be surrendered where applicable. If the goods have deteriorated, compensation may be requested. This shall not apply if the deterioration of the item is due to their examination in a way which would have been possible for you in a shop. Furthermore, you shall not have to pay compensation for deterioration of items due to their intended use, by not using the goods as your property and refraining from all actions which affect their value. All payments must be refunded within 30 days. For you the period shall commence when the goods are dispatched or when the request for the collection of the goods is made, and for us the period shall commence with their receipt. - End of the returns policy – |
5. Warranty
5.1 Should the delivered goods contain a defect, you can demand the elimination of the defect or the delivery of goods which are free of defects (subsequent performance), unless this is coupled with disproportionately high costs. Should a defect not be eliminated within an appropriate period of time to be set by you, you can at your option either claim reduction of the purchase price (diminution) or withdraw from the contract. You will also have the mentioned rights without prior setting of a time limit for elimination of the defect, if the subsequent performance has failed, has been seriously and finally rejected by us, is unacceptable to you or if a case of the provisions § 281 section 2 and § 323 section 2 BGB (German Civil Code) applies, in particular in circumstances that, after weighing up our mutual interests, justify an immediate exercise of the rights mentioned above. Complaints and objections have to be raised against Repac GmbH, Am Piekenbrocksbach 6-12, D-46238 Bottrop, Germany. The statutory warranty period is 2 years and shall commence with the surrender of the goods insofar as no longer period is agreed. During this statutory warranty period, all defects which are covered by the statutory warranty shall be eliminated free of charge.
5.2 Repac GmbH can meet its warranty obligations by engaging third parties.
5.3 Please send the objected articles back to us in a sufficiently stamped post package after consultation with us. Packages sent to us freight collect can unfortunately not be accepted. In the case of justified complaints we shall provide compensation and that we shall naturally reimburse you for the postage costs incurred.
6. Reservation of title
The goods remain the property of Repac GmbH until complete payment has been effected.
7. Data Protection
Data required for the conduct of business shall be stored and disclosed to contracted undertakings as part of the processing of orders if necessary. Repac GmbH is the contract data processor in the context of § 11 BDSG. Details to data protection.
8. Applicable law
German law shall be applicable. Bottrop, Germany shall be the place of jurisdiction for any foreign purchasers.
9. Seller identification
Repac – Gesellschaft für Dienstleistung, Warenhandel und Logistik mbH (Repac GmbH), Am Piekenbrocksbach 6-12, D-46238 Bottrop, Germany, represented by the managing director Norman R. Reetz, AG (Local Court) Gelsenkirchen HRB 5054, VAT-ID: DE 124237586.
10. Severability clause
Should one or several clauses in these general terms and conditions be ineffective, either entirely or in part, this shall not affect the validity of the remaining provisions.