Article 01 - Applicability
01.01 The conditions below apply to all - also future - agreements in the context of which Magica World, under whatever title - including purchase, acceptance of work and the execution of assignment - supplies or makes available items and / or any other performance.
01.02 The provisions of these General Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force.
01.03 Anyone who is engaged by Magica World in the context of the implementation of the agreement can invoke these General Terms and Conditions.
01.04 In these General Terms and Conditions, delivery does not include the provision of services.
01.05 In these General Terms and Conditions, reference is made to our website, hereinafter referred to as: "website". 01.06 The other party of Magica World is hereinafter referred to as "other party".
01.07 The General Terms and Conditions that the other party presents to Magica World at any time are hereby explicitly rejected.
Article 02 - Formation and content of the agreement, security, cancellation and failure by the other party
02.01 If a quotation contains an offer without obligation and this offer is accepted by the other party, then Magica World has the right to withdraw the offer within 2 working days of receiving the acceptance. With due observance of this, the agreement between Magica World and the other party is established because the other party unconditionally accepts the offer from Magica World or because Magica World accepts the order of the other party, whether or not under conditions. If Magica World sends a written confirmation, the content thereof shall be deemed to have been agreed unless the other party protests in writing within eight working days of its date. With regard to prices, Magica World refers to the provisions of Article 7, paragraph 1.
02.02 Cancellation of an agreement once concluded at the request of the other party can only take place if Magica World declares its agreement in writing, which always takes place on the condition that all costs incurred by Magica World and loss of profit are compensated.
02.03 Magica World always has the right to require the provision of sufficient security prior to the conclusion of the agreement. Even after the agreement has been concluded, Magica World has the right to do so, if it has a reasonable suspicion that the other party will not fulfill its obligations. This is in any case the case if the other party does not meet any due and payable obligation to Magica World, despite a notice of default. In the event that, despite notice of default, the other party does not provide security, Magica World may exercise the rights as described in paragraph 6 of this article.
02.04 The other party bears the risk of incorrect transfer of data if this transfer takes place orally.
02.05 Magica World does not have to deal with permits, exemptions, licenses, etc. that the other party needs for accepting the delivery or taking into use any service / item supplied / to be supplied by Magica World. The other party's failure to obtain all of this is at the expense and risk of the other party.
02.06 If Magica World has the right to terminate an agreement, it also has the right to terminate the other agreements existing between it and the other party, which have not yet been settled, by a written statement or to suspend the execution thereof. In that case, Magica World also has the right to claim from the other party all that it owes it in one go and / or to make on-delivery deliveries COD only. The rights described in this paragraph are without prejudice to the other rights of Magica World formulated in the Act.
02.07 The intellectual property of quotations, drawings and other documents produced by Magica World rests with it. They may only be made available to a third party - under whatever title - if Magica World, if requested, gives written permission for this. Magica World has the right to claim the aforementioned documents at any time, its covenant.
02.08 If Magica World shows or provides documentation, an image, sample or model to the other party, this will only be done by way of indication without the goods / performance having to comply with this, unless and to the extent that the parties expressly agree otherwise. With regard to the specifications that the item / performance must meet, Magica World refers to the provisions of Article 9, paragraph 3.
Article 03 - Authorization to request data / change of address
03.01 By ordering, the other party authorizes Magica World to include the other party's data if necessary