Price and Delivery Costs

  1. The prices indicated by the seller are final prices and are not inclusive of VAT if applicable pursuant to the law currently in force. Any additional delivery and/or shipping costs will be indicated separately in the relevant product description.
  2. For deliveries to countries outside the European Union, additional costs may arise which are beyond the control of the Seller. These costs are borne by the Customer. Such costs include but are not limited to money transfer costs, foreign exchange fees or customs duties or import taxes
  3. Payment can be made using one of the methods mentioned in the Seller’s online shop.
  4. If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

Company information

Vega Technik GmbH
Ackerweg 9 – 9500 | Villach | AUSTRIA
Tel +43(0) 424221174
shop@vegatechnik.com

TAX code: 61 203/9214
VAT nr: ATU69320638

Legal rapresentative:
Cristiano Perandini

Products and services:
Magnets and magnetic applications

Delivery addresss
Ackerweg 9 – 9500 Villach Austria

Registration Court Nr.:
Landesgericht Kärnten – Klagenfurt
N° 429695 f

GENERAL TERMS AND CONDITIONS

  1. Scope of Application
    1.1 These Terms & Conditions of Vega Technik GmbH (“Seller”), are valid for all contracts between a consumer or entrepreneur (“Customer”) and the Seller regarding products and services offered in the Seller’s online shop. A Customer’s own terms are not applicable unless otherwise agreed upon.

    1.2 A consumer, in the context of these Terms and Conditions, is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity. An entrepreneur, in the context of these Terms and Conditions, is a natural person or legal entity, or partnership with legal capacity entering into a legal transaction for a purpose that can be attributed either to a commercial or independent activity.
  2. Conclusion of the contract
    2.1 The product descriptions outlined in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve the submission of a binding offer on the part of the Customer

    2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. After placing the selected products and/or services in the virtual shopping cart and passing through the electronic ordering process, the Customer clicks on the final button that concludes the order transaction. Thereby, the Customer submits a binding contract offer with regard to the products and/or services contained in the shopping cart. Furthermore, the Customer may also submit the offer to the Seller via telephone, fax, e-mail or mail

    2.3 The Seller may accept the Customer’s offer within five days by sending the Customer a written or electronic order confirmation in text form (mail, fax or e-mail), whereby the delivery of the order confirmation to the Customer is relevant, or by sending the ordered products to the Customer, whereby the delivery of the products to the Customer is relevant, or by asking the Customer for payment after his/her submission of the order. If several of the above mentioned alternatives exist, the contract becomes effective once one of the above mentioned alternatives occurs. If the Seller does not accept the Customer’s offer within the above mentioned time frame, it counts as a refusal of the offer with the consequence that the Customer is no longer bound by his/her declaration of intent.

    2.4 The deadline for accepting the purchase proposal begins from the day following the sending of the proposal by the Customer and ends at the end of the fifth day following the sending of the proposal.

    2.5 By submitting a purchase proposal via the Supplier’s online order form, the text of the contract is recorded by the Supplier and, after sending the order, sent to the Customer as a text message (e.g. -mail, fax or letter) together with these GTC. After sending the order, however, the text of the contract can no longer be consulted by the Customer via the Supplier’s Internet page.

    2.6 Before the binding submission of the order via the Supplier’s online order form, the Customer can continuously correct his requests via normal keyboard and mouse functions. Furthermore, before the binding submission of the order, all requests are displayed once again in a confirmation window and can also be corrected there via normal keyboard and mouse functions

    2.7 The following languages are available for entering into the contract: German, English, Italia

    2.8 Order processing and contact are generally made by email and automatic order processing. The Customer must ensure that the email address indicated by him for order processing is correct, so that emails sent by the Supplier to this address can be received. In particular, the Customer must ensure that, despite the use of anti-SPAM filters, all emails sent by the Supplier or by third parties appointed by the latter to process the order can be delivered.
  3. Right of Withdrawal
    3.1 Consumers are generally entitled to the right of withdrawal.

    3.2 Further information regarding the right of withdrawal are contained in the Seller’s cancellation policy.

    3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residency and delivery address is outside of the European Union at the time of the conclusion of the contract.

    3.4. Return of Products
    The Buyer as an individual Customer has the right to withdraw from the Sales Contract within 14 days, without specifying the reason, except for products assembled on specific commission of the Buyer. This procedure requires, however, as a necessary condition that the Buyer informs the Seller of his decision in writing within 14 days from the date of signing of the Contract and sends the products, at his own expense, to the Seller’s headquarters in their original condition. If products are returned, the Buyer bears the entire shipping cost to and from the Buyer, which is not returned by the Seller. Unpaid parcels will not be accepted by the Seller. In the event of returning the products, the Buyer must indicate a bank account number to which the relevant refund must be made. If the returned products reach the Seller damaged, the damage will be deemed to have been caused by the fault of the Buyer. In such cases the Buyer is only entitled to a refund of the value of the undamaged goods. The Seller will return the appropriate amount to a specific bank account within 7 days from the date of receipt of the returned products, sending the Buyer a corrective invoice. All bank transfer costs are the responsibility of the Buyer.
  4. Price and Delivery Costs
    4.1 All prices indicated by the Seller are not including the legal value added tax if applicable. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

    4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.

    4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.

    4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
  5. Delivery and shipping terms
    5.1 Product delivery is carried out via shipment to the delivery address indicated by the Customer, unless otherwise agreed upon.

    5.2 If the transport company returns the products to the Seller because they were unable to deliver them to the Customer, the Customer has to bear the cost of the unsuccessful delivery. This does not apply if the Customer effectively exercises his right of withdrawal, did not have control over the circumstance that lead to the inability to deliver or the Customer was temporarily unavailable to accept the offered service, unless the Seller gave adequate notice to the Customer.

    5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration of the sold products is transferred to the Customer once the Seller handed over the goods to the shipper, freight carrier or another person or institution charged with carrying out the shipping. Generally, if the Customer acts as a consumer, the risk of accidental loss or deterioration of the sold products is transferred to the Customer or a person authorised to take delivery not until they are handed over. Deviating thereof in the case of consumers, the risk of accidental loss or deterioration of the sold products is already transferred to the Customer once the Seller handed over the goods to the shipper, freight carrier or another person or institution charged with carrying out the shipping authorised by the Customer.

    5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper delivery by the Seller’s supplier. This applies only if non-delivery is not the Seller’s fault and the Seller entered into a transaction with the supplier with reasonable care and prudence. The Seller will undertake all reasonable efforts to obtain the products. In case of non availability or only partial availability of the products, the Customer will be notified and reimbursed immediately.

    5.5 For logistical reasons, pickup by the Customer is not an option.

    5.6 We deliver neodymium magnets to every country in Europe. Neodymium magnets are not intended for sale/export to the United States of America, Canada and Japan. Therefore, you are prohibited from exporting our delivered neodymium magnets or final products in which you used them to the above mentioned countries. Ferrite magnets and ferrite products, on the other hand, may be exported worldwide without restrictions.
  6. Reservation of title
    6.1 With regard to consumers, the Seller retains the title to the delivered goods until full payment of the owed purchase price is received from the consumer.

    6.2 With regard to entrepreneurs, the Seller retains the title to the delivered goods until all accounts receivable from an ongoing business relationship are settled.

    6.3 If the Customer acts as an entrepreneur, the Customer shall undertake to sell the goods that are subject to the reservation of title only in the usual course of business. The Customer assigns all resulting receivables from third parties in the amount of the respective invoice value (including value added tax) to the Seller in advance. This assignment applies irrespective of the goods being resold without or after further processing. The Customer remains entitled to the collection of receivables even after the assignment. The authority of the Seller to collect the receivables himself remains unaffected. The Seller will not collect receivables as long as the Customer keeps up with his payment obligations to the Seller, does not default on his payments, and no insolvency proceedings are opened.
  7. Warranty for defects (guarantee)
    If a product is defective, the regulations of the statutory warranty for defects apply. Deviating thereof, the following applies:

    7.1 For entrepreneurs, • an immaterial defect does not justify a warranty claim, • the Seller can choose the type of supplementary performance, • the statute of limitations for defects on new goods is one year from passing of the risk, • warranty claims for used goods are generally excluded, • the statute of limitations does not begin anew if a replacement was provided as part of a warranty claim.

    7.2 For consumers, the statute of limitations for warranty claims for used goods is one year after delivery to the Customer, with the limitation of the following paragraph.

    7.3 The preceding warranty and statute of limitations do not apply • to objects that were not used in accordance with their intended use for a structure and that has caused their defect, • to damages from the violation of life, body or health that are based on a deliberate or negligent breach of duty on the part of the Seller or a deliberate or negligent breach of duty on the part of a lawful representative or vicarious agent of the Seller, • for other damages that are based on a deliberate or grossly negligent breach of duty on the part of the Seller or a deliberate of grossly negligent breach of duty on the part of the lawful representative or vicarious agent of the Seller, as well as in case the Seller fraudulently concealed the defect.
  8. Liability
    The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, claims for damages and expense reimbursements as follows:

    8.1 The Seller has unlimited liability on all legal grounds • as a result of premeditation or gross negligence, • as a result of negligent or deliberate injury to life, body or health, • based on a promise of guarantee, provided there are not other regulations to this effect, • based on mandatory liability, such as according to the law on product liability.

    8.2 If the Seller negligently breaches a fundamental contractual obligation, the liability is limited to direct losses foreseeable and typical for this type of contract, provided that there is no unlimited liability in accordance with paragraph 8.1. Fundamental contractual obligations are obligations that the Seller needs to adhere to in order to fulfil the purpose of the contract. The Customer may routinely trust that those obligations are being observed by the Seller.

    8.3 Incidentally, the Seller is excluded from liability.

    8.4 Preceding liability regulations also apply to the Seller’s liability for his auxiliary persons and legal representatives.
  9. Applicable law
    9.1 For all privity of contract the law of Republic of Austria applies, excluding the laws on the international sale of goods. For consumers, those laws apply only insofar as the protection of the constitutional law in the state where the consumer has his habitual abode doesn’t override them.

    9.2 Furthermore, this choice of law, with regard to the statutory right of withdrawal, does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residency and delivery address is outside of the European Union at the time of the conclusion of the contract.
  10. Place of jurisdiction
    If the Customer acts as a merchant, legal person under public law or special fund under public law based in the sovereign territory of The Republic of Austria, the exclusive place of jurisdiction for all disputes from this contract is the Seller’s place of business. If the Customer is based outside of the sovereign territory of Republic of Austria, the exclusive place of jurisdiction for all disputes from this contract is the Seller’s place of business, if the contract or claims from the contract can be attributed to the Customer’s occupational or commercial activities. Considering the preceding cases, the Seller has the right, however, to go to court at the Customer’s place of business.

Liability

Vega Technik GmbH does not accept responsibility for damage that has been caused by the improper handling of magnets. With the purchase of this magnet you confirm that you have read, understood and acted on the following warnings.

Nipping

When magnets are brought close enough they can have a surprising power. Finger are quickly caught between them which could cause a painful nip or even a blood blister. Do not place these magnets up your nose or around the ears.

Magnetically sensitive Items

Keep a safe distance (>50mm) between the magnets and all objects that can be damaged by magnetism. These include mechanical watches, heart pacemakers, CRT monitors and televisions, credit cards, diskettes and other magnetically stored media

Heart Pacemakers

Keep magnets away from heart pacemakers. The operation of heart pacemakers will be affected by the close proximity of a magnet. Magnets can set a pacemaker working in a way that is not suitable for the pacemaker user and that might affect their health.

Danger for children

Ensure that children under 16 are not allowed to play with magnets and children over 16 are told about the potential danger of the magnets and supervised by an adult who has read and understood these warnings. If two or more small magnets are swallowed, they could attract each other trough the walls of the intestines, this would cause major swelling, life-threatening injuries and need surgery to remove them. Please do everything possible to make sure children cannot swallow the magnets.

Nickel allergy

Many of our magnets have coatings that contain nickel. Some people have an allergic reaction when they come into contact with nickel. Nickel allergies could develop from constant contact with nickel-plated objects. Avoid constant skin contact with nickel-plated magnets. Avoid contact with magnets if you already have a nickel allergy.

Airfreight

Magnetic fields of improperly packaged magnets could influence airplane navigation devices. In the worst cases it could lead to an accident. Airfreight magnets only in packaging with sufficient magnetic shieling, please refer to the respective regulation. More information is available on the IATA website (www.iata.org) or from your designated carrier.

Privacy and Data Protection

We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us. Therefore, please take note of the following information:

  1. Collection, Processing and Use of Personal Data
    Basically, you may visit our website without us collecting any personal data from you. Personal data is only collected if you voluntarily disclose such data for the purpose of concluding a contract or opening a customer account. Without your explicit consent, this data is merely used for contract performance and processing your inquiries. Upon complete fulfilment of the contract and complete payment of the purchase price your data will be stored with care for tax and commercial law retention periods, to be deleted upon expiry of these periods. Furthermore, personal data is collected, if you subscribe to our e-mail newsletter. We use this data for our own advertising purposes in terms of our e-mail newsletter provided you have explicitly consented to it. You may unsubscribe from our Newsletter at any time using the respective link in the Newsletter or by sending us a message. Your e-mail address will be deleted immediately after unsubscribing.
  2. Transfer of Personal Data
    For the purpose of contract fulfilment, personal data collected by us is transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods. For handling of payments, we transfer your payment data to the commissioned credit institution.
  3. Cookies
    Among other things this website uses so-called ”cookies” serving to make our Internet presence more user-friendly, effective and secure – for instance to accelerate navigation on our platform. Furthermore, cookies allow us to measure the frequency of website visits as well as general navigation. Cookies are small text files stored on your computer system. Please note that some of these cookies are transferred from our server to your computer system, mostly so-called ”session cookies”. ”Session cookies” are characterized by being automatically deleted from your hard drive upon the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called permanent cookies). You may certainly decline these cookies at any time provided your browser permits this. Please note that once your browser is set to decline cookies (from our website) certain features of this website may not be available or restricted.
  4. Use of Google Analytics
    This website uses Google Analytics, a web analyses service provided by Google Inc. (”Google”). Google Analytics uses so-called ”cookies”, text files stored on your computer allowing to analyse your use of the website. The information provided by the cookie on your use of the website is usually transmitted to and stored on a server from Google in the United States. Within the member states of the European Union or in other countries that are parties to the European Economic Area Agreement, however, your IP address will be abbreviated by Google beforehand if IP anonymisation is activated on this website. Only in exceptional cases the complete IP address is sent to a Google server in the United States and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities and provide other services for the website operator relating to website and Internet use. The IP address transmitted by your browser within the scope of Google Analytics will not be merged with any other data held by Google. You may prevent the storage of cookies by activating the respective setting on your browser software; however, please note that in this case you may not be able to use all features of this website to their full extent. Furthermore, you may prevent Google from collecting and processing data on your website use generated by the cookie (including your IP address) by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=it.
  5. Information on Customer Rights and Contacts
    You are entitled to obtain information on your saved data free of charge and to correct, block or delete this data where applicable. Please contact us with any further inquiries about the collection, processing or use of your personal data. The same shall apply for obtaining information, your requests to block, delete or correct your personal data as well as for withdrawals of granted consents. You can find our contact address in our legal notice.

Delivery

Delivery time

Shipment typically occurs within 3 business days after the order (respectively the payment) is received. Delivery time can be up to 10 business days (Monday through Friday, excluding holidays).

Information regarding the calculation of the delivery deadline: In the case of prepayment, delivery time starts the day after the bank has received your payment authorization. For all other payment methods, delivery time starts the day after signing the contract and ends on the last day of the delivery deadline. If the last day is a Saturday, Sunday or a generally recognized holiday at the place of delivery, the delivery deadlines moves to the next business day.

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