Terms of Service
- Conditions -
1. General and Definitions
The content of this website is provided by Energetix-4you S.L., represented by the managing director Tais dos Santos Miranda, Llorenç Vicens 1-2B, E-07002 Palma de Mallorca.
Users are third parties who can inform themselves about the products of the offerer in accordance with the following conditions of use within the scope of the online portal of the offerer and who can order these products via sales partners with them.
Distribution partners are legally independent companies which, by using the online portal of the provider, offer the users the products represented in the online portal for purchase.
The following terms and conditions apply to all concluded contracts between the supplier, the respective sales partner and the respective user.
2. Information about the condition, prices, shipping costs, contract language, storage and warranty
The provider offers to the users of the website the possibility to find out about the services offered by the supplier within the framework of the online portal about the product range of the offerer.
Direct ordering of these products at the supplier is not possible via this website. The offerer does not offer any direct sales items to end customers.
The provider is not responsible for the design of any Internet presence and for the offers of the sales partners. These are, on the contrary, administered by the respective sales partners in a legally autonomous manner. When buying the item selected by the user, there is no contract with Energetix-4you S.L. But exclusively with the respective sales partner.
The offer of the offerer of the offerer on the Internet does not represent a binding offer to conclude a purchase contract, but an invitation to submit an offer to the respective sales partner. The user can submit his / her purchase offer by telephone, in writing, by fax, by e-mail or via the integrated ordering system in the online portal of the provider. The provider creates a connection between the user and the sales partner within the framework of the online portal.
When ordering via the online shop, the goods whose purchase is intended are stored in the virtual "shopping cart". With the corresponding button on each page, the customer can call the "shopping cart" and make changes there. After this, the buyer enters the personal data and selects the payment and shipping conditions. Prior to the final delivery of the purchase offer, the customer has the possibility to check, change or cancel the purchase. By sending the order by means of the button "order to pay", "order to pay" or "to buy", the customer makes a binding offer. The customer first receives an automatic e-mail about the receipt of his order. This acknowledgment of receipt does not yet lead to the conclusion of the contract.
The acceptance of the offer (and therefore the conclusion of the contract) is in each case separately, either by confirmation in text form, in which the buyer is confirmed the processing of the order or delivery of the goods or by sending the goods.
If the buyer has not received an order confirmation or notification of the delivery or no goods within seven working days, he is no longer bound to the order. If this is not the case, the services already rendered are immediately refunded. Prices include VAT (if applicable). The prices are final prices. They include all price components including all applicable taxes.
Only in the case of cross-border delivery can additional taxes (eg in the case of an acquisition within the European Community) and / or charges (eg duties) be paid by the buyer, but not to the seller, but to the customs and tax authorities .
In addition, the buyer has to pay shipping costs. These are not included in the purchase price. They can be called up via the "Shipping and Delivery Costs" page and are stated separately in the course of the ordering process.
The contract language is exclusively German. The contract text (order data and general terms and conditions) is stored by the seller. The storage is, however, only temporary or not accessible to the buyer. The buyer has to provide for an expression or a separate storage.
All goods from our Onlineshop are subject to statutory warranty rights (see section 9).
3. Retention of title and choice of law
The goods remain until full payment of the purchase price from the seller. German law applies, excluding the CISG, but only insofar as this mandatory provisions of the law of the country in which the customer has his habitual residence, granted protection is not withdrawn.
4. Limitation of Liability
The seller is fully liable for damages resulting from injury to life, limb or health, as far as he fraudulently conceals a defect or has assumed a guarantee for the quality of the purchased item, and for intentional or grossly negligent damages caused in damages under the Product Liability Act applicable also mandatory by law.
If essential duties are affected from the treaty whose breach compromising the purpose of the contract and on whose observance trust the other party regularly, the seller's liability for slight negligence is limited to typical, foreseeable damage.
When a violation of minor contractual obligations, liability is excluded for slight negligence.
Consumers are entitled to a right of withdrawal under the following conditions, where consumer is any natural person who enters into a transaction for a purpose that can neither be attributed to their commercial or independent professional activity:
You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period is fourteen days from the date, the last goods have taken possession of you, or a representative from you by third parties other than the carrier or has.
To exercise your right, you have to
MAGNEGY Distributions GmbH
Service für Energetix 4You S.L
E-Mail: info at energetix-4you.com
by way of unambiguous statement (for example, a consigned by post mail, fax or e-mail) of your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form (http://www.energetix-4you.com/WebRoot/Store5/Shops/62962959/4EFB/809B/705A/B027/C335/C0A8/29BA/4D40/A1609122_Energetix4you_Musterwiderrufsformular.pdf), which is not mandatory, however.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the period of fourteen days.
They bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, where the value loss is due to a necessary to ascertain the nature, characteristics and functioning of the goods handling.
Exceptions to the right of withdrawal:
The right of withdrawal, unless the parties have agreed otherwise, not in following contracts:
Contracts for the supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods that can spoil quickly or whose expiration date has passed quickly,
Contracts for the supply of sealed goods which are not suitable for reasons of health or hygiene to return when their unsealed after delivery,
Contracts to supply goods, if they were mixed after delivery due to their nature inseparably with other goods,
Contracts for the supply of alcoholic beverages, the price has been agreed in the contract, which may be the earliest delivered 30 days after the conclusion of the contract, however, and their current value of fluctuations in the market depends on the entrepreneur's control,
Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery,
Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts,
Contracts for the supply of goods or the provision of services, including financial services whose price depends on fluctuations depends on the financial market on which the entrepreneur's control, which may occur during the withdrawal period, in particular services relating to shares, with shares in open investment funds within the meaning of § 1 paragraph 4 of the investment Code and other tradable securities, currencies, derivatives or money market instruments,
Subject to sentence than for residential purposes 2 contracts for provision of services in the areas of accommodation for other purposes, transport of goods, vehicle rental, delivery of food and beverages as well as provision of other services related to leisure activities if the contract provides for a specific date or period of,
Contracts concluded under a form of marketing in which the entrepreneur consumers who are present in person or which is given the possibility to goods or services offered, in an experiment conducted by the auctioneer, through a competitive bidding transparent process in which the tenderer who has been awarded the contract, bound to purchase the goods or services (publicly accessible auction)
Contracts where the consumer has specifically requested the trader to visit him, carrying out urgent repairs or maintenance; this does not apply with respect to further rendered during the visit services which the consumer has not expressly requested, or in respect of such delivered during the visit of goods, which are not necessarily required for the maintenance or repair of replacement parts,
Contracts for gaming and lottery services unless the consumer has given his contract phone or the contract was concluded away from business premises, and
notarised contracts; this applies to the distance selling of financial services only if the notary confirms that the consumer's rights under § 312 paragraph 2 are respected.
Under the following link you can view and print a model withdrawal form: (http://www.energetix-4you.com/WebRoot/Store5/Shops/62962959/4EFB/809B/705A/B027/C335/C0A8/29BA/4D40/A1609122_Energetix4you_Musterwiderrufsformular.pdf)
6. Payment, shipping and delivery
The prices quoted are inclusive incl. The statutory VAT. Falling supply or delivery fee, the seller indicate this separately. The buyer various payment methods according to information in the online shop. Consumers are asked to immediately inspect the goods upon delivery for completeness, obvious defects and damage and communicate as quickly as possible complaints the seller and the carrier. Warranty claims remain unaffected.
The delivery of goods occurs regularly by dispatch to the delivery address specified by the buyer. If a delivery to the buyer is unable to send and the delivery company, ordered goods to the sender, the buyer bears the costs for the unsuccessful delivery. This does not apply if the buyer exercises by delivery refusal right of withdrawal, the circumstance leading to the impossibility of delivery, is not responsible or he is temporarily prevented from accepting the service offered and the seller announces his performance a reasonable time in advance ,
The seller reserves the right to cancel the contract with incorrect or improper delivery. This applies only if the non-delivery is not caused by the seller and he has completed with due diligence a concrete hedging transaction with the supplier. The seller shall make reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the purchaser will be informed immediately and report the consideration immediately.
7. Transfer of risk
The risk of accidental loss and accidental deterioration of the goods passes to the buyer who is not a consumer on as soon as the seller has delivered the thing to the forwarder, carrier or otherwise determined to execute the dispatch person or institution. §447 para 2 BGB remains unaffected.
Consumers have statutory warranty rights. For entrepreneurs, the warranty period is limited to one year for new goods, excluded for used goods. Is not the buyer as a consumer, the vendor shall fulfill warranty claims for defective new goods at its option by repair or replacement. If the customer is a consumer, the warranty period is limited to one year for used goods.
The limitation of liability under paragraph 1 shall not apply to gross negligence or intentionally caused by the seller of damages to life, body or health or because of breach of contract, enabling the fulfillment of the proper execution of the contract in the first and on the fulfillment of the contractual partner regularly may trust. The same applies to breaches of duty by vicarious agents.
Is the buyer not as a consumer, it is obliged to examine the goods promptly and with due attention to the quality and quantity, and within seven days from the receipt report obvious defects in the seller in writing; for period keeping is sufficient the punctual sending. The same applies to later found hidden defects from discovery. In case of violation of investigation and reprimand Warranty claims are excluded.
If the repair gem. Para. 1 sentence 2 fails twice, the buyer can demand reduction or withdraw from the contract at his discretion. In case of repair, the buyer bears the increased costs arising from the fact that the truth has been brought to a place other than the place of performance, provided that the shipment does not comply with the intended use of the goods.
9. Extended Retention of Title
The seller reserves against buyers who are not consumers, the title to the goods until the complete settlement of all claims arising from the ongoing business relationship.
Before transfer of ownership to the reserved goods, the buyer is not a consumer, not entitled to the thing to pledge or to assign them as security. He cedes all claims from the resale of goods to the seller, however, remains to collect the debt authorized. The seller accepts the assignment and reserves the right to collect the debt itself if the buyer is not a consumer, payment obligations fulfilled on time. When connecting and mixing of the goods, the seller acquires joint ownership of the new item in proportion of the invoice value of the goods to the other processed items at the time of processing. The seller agrees, he is entitled to securities at the request of the buyer, who is not acting as consumers, insofar release, as the value of the securities exceeds the secured claims by more than 10%. The choice of securities to be released is incumbent upon the seller.
10. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS platform), which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer complaint office.
11. Performance, Jurisdiction
Merchants, legal person or public special funds over the place of business is place of jurisdiction; Is the buyer as a consumer and has it has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action was brought not known, jurisdiction is the location of the seller. The authority also to appeal to the court in another legal jurisdiction remains unaffected.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
MAGNEGY Distributions GmbH
Service for Energetix 4You S.L
Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following products (*) / provision of the following services (*)
.................................................. .................................................. .................................................. .......................
Appointed on: ................. (*) / received on: ....................
(*) Name / derVerbraucher (s): ....................................... .................................................. ...............................
Address of / derVerbraucher (s): .......................................... .................................................. ...........................................
Signature / consumer (s): ......................................... .................
(Only with message on paper)
Date: ................................................ ..........
(*) Delete as appropriate.