SCOPE: All our business relationships are based on the following general terms and conditions – hereinafter referred to as General Terms and Conditions. Differing general terms and conditions from customers will not be recognized and will not form part of the contract. If these terms and conditions speak of consumers, the relevant provisions apply exclusively to consumers who are subject to the Consumer Protection Act. The provisions in the General Terms and Conditions apply to the extent that non-mandatory regulations (e.g. the Consumer Protection Act) contradict them.

OFFER – CONCLUSION OF CONTRACT: All offers are non-binding and do not obligate magped GmbH to perform. Before submitting an offer via the magped GmbH web shop, the customer will be informed about the technical steps that lead to the conclusion of the contract. A binding purchase contract is only concluded with the transmission of our order confirmation. The order confirmation will be sent to the customer via email shortly after receipt of the order. The contract can only be concluded in German or English.

RIGHT OF WITHDRAWAL FOR CONSUMERS: Consumers have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or last partial shipment. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear written statement (via registered letter, fax or e-mail). You can use the attached model withdrawal form. This is sufficient to meet the withdrawal period that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period. Consequences of the withdrawal: If you withdraw from this contract, we will pay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs, resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us) must be repaid immediately and at the latest within fourteen days from the day on which we received written notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. However, we may refuse repayment until we have received the goods back in an unused and undamaged condition or until you have provided evidence that you have sent the goods back. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

SAMPLE CANCELLATION FORM: If you want to cancel the contract, please fill out this form and send it back:

To [registered by post, email or fax according to the legal notice]: • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) • Ordered on (*)/received on (*) • Name of the consumer(s) • Address of the consumer(s) • Signature of the consumer(s) (only for paper notification) • Date

DELIVERY – TRANSPORT – ASSUMPTION OF RISK – DEADLINES: In the absence of an express and written agreement to the contrary, our goods are deemed to be sold “ex works” (company headquarters magped GmbH, Grubenweg 1, 6071 Aldrans, Austria) with regard to the assumption of risk, even if the delivery is free of charge with its own destination or another vehicle or in parts. Partial deliveries are permitted. Our information about delivery times is generally non-binding. The customer’s claims for damages due to delayed fulfillment are excluded.

COMPLAINTS OF DEFECTS – WARRANTY: We guarantee the contractual quality of our products in accordance with the legal regulations. The warranty period for companies is 12 months. In the event of otherwise being ineffective, notices of defects must be made in writing by registered letter immediately, but at the latest within 7 days of receipt of the goods. In the event of defects, the consumer has the right to an exchange or improvement. The date of the postmark applies. magped GmbH can, at its discretion, fulfill legitimate warranty claims not only through exchange or improvement but also through price reduction or conversion. Minor deviations in dimensions or colors do not constitute grounds for complaint. If the notification of defects is not made in a timely manner or in the form stated, the goods are deemed to have been approved.

LIABILITY: Customer claims for damages are excluded. Excluded from this are the customer’s claims for damages relating to personal injury and damage that is based on an intentional or grossly negligent breach of duty. In the event of a breach of essential contractual obligations, the provider is generally only liable for the foreseeable damage typical for the contract if this was caused simply by negligence. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

The provisions of the Product Liability Act remain unaffected.

PAYMENT: Payments are to be made against invoice, by credit card, in cash or by last name without any deductions.

RETENTION OF TITLE: The goods delivered by us remain our property until full payment has been made.

DATA PROCESSING: As part of the processing of contracts, magped GmbH collects customer data in compliance with legal regulations. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. Without the customer’s consent, magped GmbH will not use the customer’s data for advertising, market or opinion research purposes.

PLACE OF PERFORMANCE – JURISDICTION – APPLICABLE LAW: Place of performance for delivery and payment is Aldrans; this even if the handover takes place at another location as agreed. The contractual relationship is subject to the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court with material jurisdiction for Aldrans. However, we are also entitled to bring legal action at the customer’s general place of jurisdiction. The remaining parts of the contract remain binding even if individual points are legally invalid. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.