0

General Terms and Conditions for End Clients

 

The following general terms and conditions apply to all orders placed. Conditions of the purchaser do not cancel our conditions, even if no objection is raised.


1. Order

Our offers are non-binding. By placing an order, you are making a legally binding purchase offer to us. For orders placed via our web shop, we will confirm receipt of the order by email. However, a purchase contract is only concluded when we accept your order by delivering the goods. When orders are placed via our web shop, we only store the order data required to process the order. As a registered user you can view and print the data for your order after logging in to the area "My Orders".


2. Price

Regardless of the date of the order, the price valid at the time of delivery will be charged. Rebates and discounts are only granted with reservation within the context of specifically stated special promotions and their conditions on articles that are not subject to fixed price regulations. Book prices are subject to statutory book price fixing. Games and non-books are recommended retail prices.


3. Delivery and Shipping

Delivery within Germany is free of charge. On deliveries outside of Germany, additional shipping costs will be added. Within the European Union, we charge a flat rate of €10.00. For shipping to countries outside of the EU, shipping costs will be calculated based on the weight of the shipment You can find the shipping costs here. Delivery on account is only possible within Germany, as well as in the following countries, up to a value of €150: Austria, Switzerland, Liechtenstein, Luxembourg and Italy. We do not charge packaging costs. Available items will ship within 3-6 business days within Germany, and 4-7 business days outside of Germany after receipt of the order. We are entitled to partial delivery should individual items be temporarily unavailable.

Unfortunately, deliveries to Great Britain, Northern Ireland, Gibraltar, Guernsey and Jersey and the British Virgin Islands are currently not possible.


4. Reservation of Ownership

The publisher retains ownership of the delivered products in accordance with Article 449 German Civil Code (BGB) until all claims arising from deliveries of products have been paid in full.


5. Payment

All the available payment methods are those displayed in the web shop. Payment on account is only possible for consumers over the age of 18. The invoice amount is due for payment without deduction 10 days after the invoice date of the shipment. The date of receipt of the credit note shall be deemed to be the date of receipt of payment in the case of bank and postal giro transfers. Payments are to be made exclusively to the accounts specified by the publisher. If the due date is missed, we shall be entitled to charge interest on arrears from the due date in the amount of the bank credit interest charged to us, in addition to reminder costs. If there is justified cause, the publisher may deviate from its general payment terms. In particular, the publisher may deliver to customers who have not settled their balances within the due dates against payment in advance.


6. Cancellation Policy

6.1. Private customers can cancel their contractual declaration in text form (e.g. letter, email, fax) within 14 days without giving reasons. The period begins after receipt of this notification in writing, but not before receipt of the goods by the addressee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our obligations under Article 246 Section 2 in conjunction with Sections 1 and 2 Introductory Act to the Civil Code (EGBGB). Sending the cancellation on time is sufficient to meet the cancellation deadline. The cancellation and the return of goods should be addressed to:

Magellan GmbH & Co. KG
Laubanger 8
96052 Bamberg
Germany
E-Mail service@magellan-shop.com
Fax +49 (0)951 16098 270

You can find the cancellation policy and a cancellation form here.
The customer bears the burden of proof for the dispatch of the goods to be returned.

6.2. In the event of an effective cancellation, the services received by both parties as well as any benefits derived are to be returned. If the customer is not able to return the received service or is only able to return it in part or in a deteriorated condition, the customer must pay compensation for the value of the service. The customer only has to pay compensation for the deterioration of the item if the deterioration is due to handling of the item which goes beyond the examination of the characteristics and the mode of operation – as it would have been possible for the customer in a shop, for example. In addition, the customer can avoid the obligation to pay compensation by not using the goods like an owner and refraining from doing anything that may impair their value.

6.3. The customer has to bear the costs of the return if the delivered goods equate to the ordered goods. Obligations to refund payments must be fulfilled within 14 days. The period begins for the customer with the dispatch of the goods, for us with their receipt.

6.4. The right of cancellation is excluded for contracts concerning
a) the delivery of goods that are not suitable for return due to their nature (e-books, downloads, etc.)
b) the delivery of audiobooks or software, provided that the delivered data carriers have been unsealed by the customer
c) the delivery of goods that have been manufactured according to the customer's specifications (personal books, etc.).

In the event of the exclusion of cancellation and return according to Article 312 d paragraph 4 of the German Civil Code (BGB), the customer has to bear the costs of resending the goods.


7. Legal Notice

The EU Commission has provided a platform for out-of-court online dispute resolution, which you can access under the link http://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not participate in such proceedings.


8. Privacy Policy

Our separate Privacy Policy applies.


9. Final Provisions

The place of fulfilment for deliveries and services as well as the place of jurisdiction is Bamberg. The law of the Federal Republic of Germany shall apply. However, the publisher is entitled in individual cases to take legal action at the customer's place of business or before other courts having jurisdiction on the basis of domestic or foreign law.

 

Magellan GmbH & Co. KG

As of: June 2021