Terms of service
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partners, conclusion of contract, correction options
The purchase contract is concluded with maglassX GmbH.
By placing the products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.
3. Contract language, contract text storage
The available language (s) for the conclusion of the contract: German, English, French
We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual Product colors possible.
5. Delivery conditions
5.1 Shipping costs
The applicable shipping costs, information on the available shipping methods, and any surcharges (e.g. for express shipping) can be found on our dedicated “Payment & Shipping” page. The information provided there forms part of the contract and applies in the version valid at the time of your order.
5.2 Delivery options
We will ship the products to the delivery address specified in the order process.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
6. Payment
In principle, the following payment methods are available to you in our shop.
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.CA 38 avenue JF Kennedy, LTo pay Amazon, you must be registered with Amazon, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by Amazon Pay within one banking day after placing the order.
Amazon Pay can offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Amazon Pay. You can find further information on this in your Amazon Pay account.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and during the ordering process.
Purchase on account via Klarna
The invoice amount is due after dispatch of the goods and receipt of the invoice.
Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, LTo pay via PayPal, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, verify your identity, and confirm the payment order. Your account will be debited immediately after placing your order. Further information will be provided during the ordering process.
7. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7.1 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. personalized products).
Please note that items in the "Second Choice" category and remaining stock are excluded from exchange and cancellation. These products are expressly marked as such and offered at reduced prices. According to Section 312g, Paragraph 2 of the German Civil Code (BGB), the right of cancellation is excluded for goods that, due to their nature, are not suitable for return or that represent significantly reduced individual items. We ask for your understanding.
8. Retention of title
The product remains our property until full payment has been made.
The following applies additionally to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
10. Warranty and Guarantees
10.1 Liability for defects
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
With respect to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Notice to merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: You can contact our customer service for questions, orders, complaints and objections by email at info@silwy.de.
11. Liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of a promise of guarantee, if agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you here We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Protection of minors
If your order includes products whose sale is subject to age restrictions, we ensure that the purchaser has reached the required minimum age by using a reliable process that includes personal identity and age verification. If a delivery is made, the courier will only hand over the goods after the age verification has been completed and only to the purchaser in person. Delivery to packing stations is not possible in this case.
14. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Should individual clauses of these terms and conditions be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.
Terms and Conditions created with the Trusted Shops Legal copywriter