Imprint

Declaration of conformity

Declaration of conformity

Version of May 2019

1)Scope
All orders via our Online Shop are subject to the following GTCB.

2) Contractual partner
Our Online Shop is aimed exclusively at private individuals who conclude a legal transaction for purposes that are predominantly not attributable to either their commercial or independent professional activity (“Consumer”). Sales to business people are excluded.

3)Conclusion of contract
The presentation of the products in the Online Shop does not constitute a legally binding offer but, rather, a non-binding online catalog. You can first put our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools that are provided and explained in the ordering process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart (“Offer”). This offer is binding on you for 10 working days. By placing the order, you also accept these GTCB.

Confirmation of receipt of your order is sent by email immediately after your order is sent. This email is sent automatically and does not represent a declaration of acceptance on our part.

A contract only materializes once we acknowledge our express acceptance of your order (acceptance declaration, order confirmation or shipping confirmation) or the goods are dispatched. If we do not declare acceptance of the contract within 10 working days, no contract is concluded.

4. Contract text storage
We store the text of the contract and send you the order data and our GTCB by email. You can view the text of the contract in our customer login.

5) Delivery terms
We deliver free of shipping costs within Germany. We deliver by way of dispatch only. Collection by the customer is unfortunately not possible.

6) Payment
The following payment methods are available to you in our shop.

a) PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. To enable payment of the invoice amount via PayPal, you must already be registered or first register there, validate this with your access data and give us confirmation of the payment instruction. After the order has been placed in the shop, we request PayPal to initiate the payment transaction. The payment transaction will then immediately be processed by PayPal automatically. You will receive further information during the ordering process.

b) PayPal Plus
As part of the PayPal payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and confirm the payment order to PayPal.

i)PayPal Plus: Credit card
If you have opted for the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. Immediately after confirmation of the payment order and validation that you are the legitimate card holder, the payment transaction will be executed by your credit card company at PayPal’s request and charged to your card . You will receive further information during the ordering process.

ii) PayPal Plus: Lastschrift
If you have opted for the direct debit payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. By confirming the payment order, you issue PayPal with a direct debit mandate. PayPal will inform you of the date of debit from the account (pre-notification). Upon submitting the direct debit mandate immediately after confirmation of the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction is then processed and charged to your account. You will receive further information during the ordering process

iii) PayPal Plus: Invoice
If you have opted for the invoice payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. Following a successful address and credit check and placement of the order, we assign our claim to PayPal. In this case, you can only make payment to PayPal with a debt-discharging effect. You can find further information and PayPal’s full GTCB for payment on account here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Payment processing via PayPal is subject to PayPal’s GTCB and privacy policy – in addition to our GTCB.

c) c)Off-set exclusion
The offsetting of claims that you might be entitled to is excluded insofar as your claim to be offset is not uncontested or recognized by declaratory judgment.

Right of return

a)For all orders via our Online Shop, we grant you, in addition to the statutory right of withdrawal, a voluntary right of return, which you can exercise within 4 weeks of receiving the goods. This means you can also terminate the contract after expiry of the 14-day withdrawal period by returning the goods to us (trans-o-flex Logistik-Service GmbH, Ernst-Heinrich-Geist 9 - 11, 50226 Frechen / Germany) within 4 weeks of receiving them. Punctual sending of the goods is deemed sufficient to comply with the deadline.

b) The right of return can only be exercised if the goods are still complete and in their original packaging and are in unused and undamaged condition. Goods that have been specially made to the customer´s specifications cannot be returned.

c) The voluntary right of return granted under the contract does not affect your statutory rights and entitlements. In particular, your statutory right of withdrawal and your statutory warranty rights are fully preserved without any restriction.

8. Reservation of title
The goods remain our property until full payment has been made.

9. Transport damage
If goods are delivered with obvious transport damage, please lodge a complaint about such defects with the delivery agent as soon as possible and contact us without delay. Failure to file a complaint or make contact does not have any consequences at all for your statutory entitlements and their enforcement, in particular your warranty rights. By doing so, however, you help us to be able to assert our own claims against the carrier or transport insurer.

10. Warranty and guarantees

a) a)For consumers, the limitation period for claims for defects when purchasing new goods is 2 years from the date on which the item was delivered to the customer. For used goods, the limitation period for claims for defects is one year from the date on which the item was delivered to the customer

b) In addition to the statutory warranty rights, you may have entitlements arising from independent guarantees if a corresponding agreement has been made. Information concerning any applicable additional guarantees and their exact conditions can be found in the product description. The guarantee conditions are also enclosed with the delivered item.

11) Liability

a)a)For claims due to damage caused by us, our legal representatives or vicarious agents, we assume unlimited liability in each case in the event of injury to life, body or health, willful or grossly negligent breach of duty, guarantee commitments, where agreed, or insofar as is covered by the scope of the product liability law

b) In the event of a breach of essential contractual obligations, the fulfillment of which enables the due and proper execution of the contract at all and compliance with which may regularly be relied on by the contractual partner, (cardinal obligations) caused by ordinary negligence on our part or on the part of our legal representatives or vicarious agents, liability shall be limited in terms of the amount to the loss or damage, the occurrence of which should typically be expected and was foreseeable at the time of concluding the contract.

c) Any claims for damages or compensation are otherwise excluded

12) Concluding provisions

a) a)Contracts between ourselves and yourselves are subject to the laws of the Federal Republic of Germany, with the exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and applicability of mandatory regulations, especially in the state where the customer, as the consumer, has his/her habitual residence, are not affected.

b) b)We process your personal data in accordance with our privacy policy, which you can find here: Datenschutzerklärung einsehen können.

c) c)Should any provision contained in these General Terms & Conditions of Business or a contract concluded in connection with these General Terms & Conditions of Business prove to be partially or fully null and void, this shall not affect the validity of the remainder of these General Terms & Conditions of Business or the contract concerned. The parties agree to replace the ineffective provision with one that comes closest to the original intention in economic terms.

Imprint

MAGNAT
A brand of Premium Audio Company Germany GmbH

Lise-Meitner-Straße 9, 50259 Pulheim, Deutschland

Phone: 02234 807 0 (national) / +49 2234 8070 (international)

Fax: +49 (0)2234 807 399

Contact: info@magnat.de

Management:
Loriann Shelton - Managing Director
John Verbinnen - Authorized Signature

Webmaster: Isabel Schlemermeyer

Concept, design and realization: mdc (www.mdc.de) / Weiß & Partner (www.weiss-partner.com)

Registration Court: Amtsgericht Köln, HRB 40529

VAT ID.: DE 811289664

WEEE register no. DE 77133544 (Home Entertainment)

Errors and technical modifications reserved

MAGNAT AUDIO-PRODUKTE GmbH

Lise-Meitner-Straße 9, 50259 Pulheim, Deutschland

Phone: 02234 807 0 (national) / +49 2234 8070 (international)

Fax: +49 (0)2234 807 399

Contact: info@magnat.de

Management:
Loriann Shelton - Managing Director
John Verbinnen - Authorized Signature
Shandro Fischer - Authorized Signature

Webmaster: Isabel Schlemermeyer

Concept, design and realization: mdc (www.mdc.de) / Weiß & Partner (www.weiss-partner.com)

Registration Court: Amtsgericht Köln, HRB 40529

VAT ID.: DE 811289664

WEEE register no. DE 77133544 (Home Entertainment)

Errors and technical modifications reserved

Widerrufsbelehrung

Withdrawal policy

You have the right to withdraw from this contract within a period of fourteen day without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took possession of the last item of goods.verkauf@magnat.de, telephone: 02234 8070, Telefaxnummer: 02234 807399) by means of a clear statement (e.g. a letter sent by post, fax, email) of your decision to withdraw from this contract. You can use the attached specimen withdrawal form for this, but you do not have to.

SYou can complete the specimen withdrawal form or another clear statement electronically and send the same on our website Link for download If you do use this option, we will immediately send you a confirmation (e.g. by email) of receipt of your withdrawal notice

To comply with the withdrawal deadline, it is sufficient for you to send the notification of exercising your right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this agreement, we have to refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs arising from your having chosen a delivery method other than the cheapest standard delivery offered by us) without delay and no later than fourteen days from the date on which we received the notification of your withdrawal from this contract. For this refund we will use the same payment method used by you for the original transaction, unless expressly agreed otherwise with you; on no account will you be charged any fee for this refund. We can refuse to make the refund until we have the goods back or you provide proof that you have returned the goods, whichever is the earlier..

You must return or hand back the goods to us without delay and in any case no later than fourteen day from the date on which you notified us of your withdrawal from this contract. The deadline is deemed to have been met if you send the goods before expiry of the fourteen-day period. You bear the direct costs for the return of the goods.
You only have to pay compensation for any loss of value of the goods if said loss of value can be attributed to handling of the same that is not necessary to examine the nature, properties and functionality of the goods.

Model withdrawal form

Privacy statement

Magnat Audio-Produkte GmbH, hereinafter referred to as Magnat, is looking forward to your visit to our website as well as your interest in our company and products.
Our contact details are:
Magnat Audio-Produkte GmbH
Lise-Meitner-Straße 9
50259 Pulheim
Telephone no.: +49 2234 8070
Fax: +49 (0)2234 807 399
Email: info@magnat.de

You can contact our Privacy Officer as follows:

J.Erken
j.erken@oehlbach.de

1. Privacy policy

Magnat attaches great importance to the protection of your personal data and collects, processes and uses these in accordance with the relevant German laws and provisions (BDSG) as well as overriding EU legislation (GDPR).

Your personal data are only collected, processed and used for the purposes described to the extent set out below.

This means that Oehlbach only uses your personal data when this is expressly permitted by the relevant data protection laws or you have given your prior express consent.

2. Use of personal data

Personal data are only collected or processed by us when you have consented to the use of such data, e.g. personal data you provide to us during an inquiry, or where permitted by law.

“Personal data” cover all information relating to an identified or identifiable natural person; regarded as identifiable is a natural person that can be identified, directly or indirectly, especially by means of assignment to an identifier, such as a name, to an ID number, to location data, to an online identifier or to one or more particular features or characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of such natural person. This includes, for example, your name, your date of birth, your postal and email addresses as well as your telephone/fax number(s) of the IP address of your computer.

We would like to inform you by way of the following privacy statement what personal data are collected, processed and used, and to what extent and for what purpose, during your visit to our website and the services and offers accessible via the same.

2.1. When visiting this site

When visiting our site, you computer automatically sends data to our web server. Our server automatically creates log files from these, which contain the following data:

· IP address of the requesting computer,
· Date and time of access,
· Name and URL of the files accessed,
· Website from which the access was made (referrer URL),
· Browser used and, where applicable, your computer’s operating system as well as the name of your access provider.

We collect and store the log files for security reasons to enable us to trace cases of misuse of our services. In addition, the data help us to gain an insight on which to base the technical and content-related optimisation of our websites.

The legal basis for the data processing is Article 6, Paragraph 1, Clause 1 f of the GDPR. Our legitimate interest follows from the data collection purposes listed above. On no account do we use the data collected for the purpose of drawing conclusions about your personal details.

2.2. Newsletter

When you sign up for a newsletter, your contact details are (unless expressly stated otherwise: name and email address) stored for the duration of your subscription for the purpose of sending the newsletter. As soon as you unsubscribe, we delete your data.

2.3. Prize draws and competitions

When you take part in a competition or prize draw, we process the data referred to in the terns and conditions of entry (usually your name, address, email address, age) for the purpose of running the campaign. Insofar as your data do not have to remain stored for other reasons (e.g. because you have also subscribed to a newsletter), your data are deleted on conclusion of the competition as long as no statutory retention requirements exist in this regard.

2.4. Contact form

On our websites, you can also normally reach us via a contact form. There, you give the following details:

· First name & surname

· Email address

· Country

· Other details, such as street, post code, city and telephone number are always optional. We only need your complete address if you request a service via the mail order dispatch route.

2.5. Opening a customer account and contract processing

We collect personal data when you voluntarily provide this to us in connection with your order, when contacting us (e.g. via the contact form or email) or when opening a customer account. Required fields are marked as such since, in these cases, we absolutely need the data for contract processing purposes and processing your contact form or for opening the customer account and you cannot complete the order and/or the opening of the customer account or send the contact form without giving this information. What data are collected can be seen from the respective input forms: they normally include title, name, email address and postal address. We use the data provided by you in accordance with Article 6, Paragraph 1, Clause 1 b of the GDPR for contract processing and dealing with your inquiries. On completion of the contract processing or deletion of your customer account, your data will be restricted for further processing and deleted on expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to a more extensive use of the data that is allowed by law and about which we inform you in this statement. Your customer account can be deleted at any time. This can be done by sending a message to the contact point set out above or via a specially designated function in the customer account.

2.6. Other data collections

Personal data are otherwise only collected and processed when you send these to us of your own accord, e.g. as part of an inquiry or when ordering spare parts (execution of a contractual agreement).

3. Disclosure of data to third parties

•For the purpose of performing the contract pursuant to Article 6, Paragraph 1, Clause 1 b of the GDPR, we pass on your data to the shipping company entrusted with the delivery insofar as this is necessary for the delivery or ordered goods and so that the shipping company can contact you prior to delivery for the purpose of announcing and coordinating the delivery.

•Depending on which payment service provider you select in the order process, we forward the payment data collected for this purpose to the financial institution instructed to make the payment and any payment service provider commissioned by us or to the selected payment service for payment processing purposes. The legal basis for this is also Article 6, Paragraph 1, Clause 1 f of the GDPR. In part, the selected payment service providers collect these data themselves insofar as you create an account there. In this case, you have to log in to the payment service provider with your access data during the order process. The privacy policy of the respective payment service provider shall apply in this regard.

•Credit check and scoring when selecting (PayPal purchase on account). If you opt for the PayPal service “purchase on account” payment method, you will be requested during the order process to consent to the data required for processing the payment and checking identity and credit standing being sent to PayPal pursuant to Article 6,. Paragraph 1, Clause 1 a of the GDPR. If you give your consent, this data will be sent to PayPal. For the purpose of its own identity and credit check, PayPal or partner companies instructed by PayPal send data to credit and rating agencies and receive information as well as, where applicable, credit rating information from the same based on mathematical-statistical processes, which incorporate address data, among other things, into their calculation. The information received concerning the statistical probability of default of payment is used by PayPal to make a considered decision on the establishment, implementation or termination of the contractual relationship. You can withdraw your consent vis-à-vis PayPal at any time. However, PayPal may continue to be entitled to process, use and transmit your personal data insofar as this is necessary for payment processing under the contract or is required by law or ordered by a court or public authority. Detailed information in this regard and on the credit agencies used can be found at PayPal data protection information https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

4. Information, modification, transmission and deletion of your data

Under the applicable law, you can inquire at any time via the contact details set out above whether and what personal data relating to you are stored with us. In particular, you can request information regarding the purposes of the processing, the category of the personal data, the categories of recipients to whom your data has been or will be disclosed, the scheduled storage period, the existence of a right to rectification, deletion, limitation of processing or objection, the existence of a right of complaint, the origin of your data where these were not collected by us, as well as concerning the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the details of such data. You will receive prompt notification in this regard accordingly.

You may also immediately make a request, in the event of inaccuracies, for your personal data stored by us to be rectified or completed appropriately.

You may also make a request for us to release your data for transmission to you or another person responsible. In this case, you will receive your personal data in a structured, conventional and machine-readable format.

The deletion of your personal data stored by us can be requested insofar as processing is not required for the purpose of exercising the right to freedom of expression and information, meeting a legal obligation, for reasons of public interest, or for asserting, exercising or defending legal claims.

We only store your data for as long as they are required for the purposes instructed by you. Insofar as statutory retention obligations exist, we may need to retain certain categories of personal data for up to 10 years (e.g. tax-related data).

5. Withdrawal of consent and objection to the use of data

If the use of personal data is based on your consent, you have the right to withdraw such consent for all or individual purposes at any time. However, such withdrawal of consent does not affect the lawfulness of the data processing carried out by us up to such declaration.

If you withdraw consent to the processing of personal data for purposes required to perform services requested by you (such as the sending of a a newsletter, entering a competition, customer account), it may no longer possible to provide these services for you. If you stop us from using the data, we will therefore also no longer be able to provide you with our services.

Insofar as your personal data are processed on the basis of legitimate interests under Article 6, Paragraph 1, Clause 1 f of the GDPR, you have the right, in accordance with Article 21 of the GDPR, to lodge an objection against the processing of your personal data if grounds exist for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without any particular situation needing to be specified.

6. Security of your data

Your personal data provided to us are secured by taking all technical and organisational security measures in such a way that they cannot be accessed by unauthorised third parties. When sending very sensitive data or information, it is advisable to use the postal service as total data security cannot be guaranteed for email.

7. Links to other websites

Insofar as our website refers to other providers via links, activating such a link will cause you to leave Oehlbach’s website and content. The operators, and not Oehlbach, have sole responsibility for compliance with the relevant data protection provisions on such websites.

8. Right of objection

You have a right to object to the competent data protection authority, which will normally be the individual federal state data protection officer responsible for our registered office or your place or residence.

9. Analysis tools and advertising

The tracking measures listed below and used by us are implemented by us on the basis of Article 6, Paragraph 1, Clause 1 f of the GDPR. The tracking methods used are intended to allow us to design and continually optimise our website according to the relevant needs. In addition, however, we use the tracking measures to statistically record the use of our website and evaluate this for the purpose of optimising our range of services for you. These interests can be deemed legitimate within the meaning of the aforementioned regulation.

The respective data processing purposes and data categories can be seen from the corresponding tracking tools.

9.1. Google Analytics

This website uses functions of the Google Analytics web analysis service. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of the use of the website by you. The information generated by the cookie about your use of this website is normally sent to a Google server in the USA and stored there.

Google Analytics cookies are stored on the basis of Article 6, Paragraph 1 f of the GDPR. The website operator has a legitimate interest in the analysis of user behaviour in order to optimise both its website and its advertising.

IP anonymization

We have activated the IP anonymization function on this website. As a result, your IP address will be truncated by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area prior to transmission to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website in order to compile reports on the website activities and provide further services associated with use of the website and the Internet for the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be merged with any other Google data.

Browser plugin

Via this, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) for Google as well as the processing of these data by Google by downloading and installing the browser plugin available at the following link: https://support.google.com/analytics/answer/6004245?hl=en

Objection to data collection

You can prevent the collection of your data by clicking on the following link. An opt-out cookie is set that prevents the collection of your data during future visits to this website:
disable Google Analytics

More information on the handling of user data by Google Analytics can be found in the Google privacy statement: https://support.google.com/analytics/answer/6004245?hl=en

Order data processing

We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Google Analytics demographic data

This website uses the Google Analytics “demographic characteristics” function. This enables reports to be generated containing statements regarding the age, gender and interests of visitors to the site. These data come from Google´s interest-based advertising as well as from visitor data of third-party providers. These data cannot be assigned to a specific person. You can disable this function at any time via the ad settings in your Google account or stop the collection of your data by Google Analytics in general as described in the “Objection to data collection” section above.

9.2. Facebook Pixel

A Facebook visitor action pixel is used on our sites to measure conversion rates.

With your consent, we use the “visitor action pixel” from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. This enables us to tracks users’ actions after they have seen or clicked on a Facebook ad. In this way, we can measure the effectiveness of the Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, meaning that we do not see the personal data of individual users. These data are, however, stored and processed by Facebook, which we inform you about according to the level of knowledge we have. Facebook can link these data to your Facebook account and also for its own advertising purposes according to Facebook’s data usage policy https://www.facebook.com/about/privacy/
You can allow Facebook and its partners to display ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
disable Facebook-Widget

9.3. Cookies

On some of our web pages, we use so-called “cookies” to make it easier for you to use our websites. These are small text files that are only stored on your hard disk for the duration of your visit to our website and are, depending on your browser program setting, deleted again when the browser is closed. These cookies do not retrieve any information about you stored on your hard disk and do not affect your PC or files. Most browsers are set in such a way as to accept cookies automatically. However, you can disable the storage of cookies or set your browser in such a way that it indicates the sending of cookies. Completely disabling cookies can, however, lead to your not being able to use all the functions of our website.

The use of cookies makes using our website more pleasant for you. For example, we use so-called session cookies to recognise that you have already visited individual pages of our website. These are deleted automatically after leaving our site.

The data processed by cookies are required for the aforementioned purposes of safeguarding our legitimate interests as well as those of third parties pursuant to Article 6, Paragraph 1, Clause 1 f of the GDPR.

10. Amendments to this privacy policy

We will update these policy provisions for the protection of your personal data from time to time. You are advised to look at these policy provisions occasionally in order to remain up to date on how we protect your data and constantly improve the content of our website. If we make any significant changes to the collection, use and/or disclosure of the personal data provided to us by you, we will inform you in a clear and easily visible manner on the website. By using the website, you agree to be bound by the terms and conditions of this policy for the protection of your personal data.

If you have any questions concerning this privacy policy, please get in touch with us via our contact page.