General Terms and Conditions

General Terms and Conditions 
 
Our aim is to satisfy you as a customer. However, should a failure occur, please contact us with confidence. We are sure to find an acceptable solution. 

General Terms and Conditions with important customer and data protection information for orders placed by companies
   
§ 1 Scope of application 

These General Terms and Conditions apply to all orders placed by companies via the online store of
  
List-Magnetik GmbH, Max-Lang-Str. 56/2, 70771 Leinfelden-Echterdingen,
Managing Directors: Heinz-Dieter List, Rainer Prigge
Register Court: Stuttgart Local Court
Register No.: HRB 221 011

(hereinafter referred to as "List-Magnetik").
 
The business relationship between List-Magnetik and the customer shall be governed exclusively by these General Terms and Conditions. List-Magnetik does not recognize any terms and conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Conflicting terms and conditions of the customer shall only be valid if List-Magnetik expressly agrees to them in writing.

§ 2 Conclusion of contract 

The product presentation in the online store serves to submit a purchase offer. By clicking on the button (order), the customer submits a binding offer to purchase. 
  
The purchase contract is concluded with our delivery confirmation or delivery of the goods. 
 
§ 3 Delivery times 

Delivery times are only approximate and will be adhered to as far as possible. Please refer to the product description for the expected delivery time. If no information is given there, delivery will be made within 30 days of the contract being concluded. Longer delivery times may be agreed. We are not responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us - such as labor disputes, unrest, official measures, absence, delays by suppliers of our upstream suppliers - even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery / service appropriately or to withdraw from the contract without the partner being able to derive any claims for damages from this. If the aforementioned obstacles occur at the partner, the same legal consequences shall also apply to the obligation to take delivery. You will be informed of any delays in good time.

§ 4 Partial deliveries 

Partial deliveries are permitted and will not be invoiced separately, unless the partial fulfillment of the contract is of no interest to the contractual partner.
  
§ 5 Retention of title 

We retain title to the delivered goods until all claims arising from the business relationship with the partner have been settled. The partner is entitled to sell these goods in the ordinary course of business as long as he meets his obligations arising from the business relationship with us in good time. However, he may neither pledge the reserved goods nor assign them as security. He shall be obliged to secure our rights in the event of a credited resale of the reserved goods. 
  
The partner hereby assigns to us as security all claims and rights arising from the sale of goods to which we are entitled to ownership rights. We hereby accept the assignment. 
  
Any processing or transformation of the goods subject to retention of title shall always be carried out by the partner on our behalf. If the reserved goods are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other agreed or mixed items at the time of processing or mixing.
  
If our goods are combined or inseparably mixed with other movable items to form a single item and if the other item is to be regarded as the main item, the partner shall transfer co-ownership to us on a pro rata basis insofar as the main item belongs to him. The partner shall hold the property or co-ownership for us. In all other respects, the same shall apply to the item created by processing or combining or mixing as to the reserved goods. 
  
The partner must inform us immediately of any enforcement measures taken by third parties against the reserved goods, the claims assigned to us or other securities, handing over the documents necessary for an intervention. This shall also apply to impairments of any other kind. 
  
§ 6 Prices and payment 

The prices stated on the product pages are net prices plus statutory VAT and other price components. They do not include postage, customs duties and any applicable import sales tax. Unless otherwise agreed, payments are due 15 days after the invoice date without any deductions.

§ 7 Shipping 

Unless otherwise agreed, our goods are shipped at the customer's expense and, even in the case of individually agreed prepaid deliveries, at the customer's risk in all cases.
  
§ 8 Additional costs

We offer an extensive range of products. The costs therefore depend on the product group and order values. For a better overview, we have created our shipping costs table: 
  
§ 9 Payment and shipping
 
After receipt of payment, your order will be packed and dispatched by us as quickly as possible, at the latest on the following working day. 

For deliveries to countries outside the EU, additional costs may be incurred in the form of customs duties or import taxes, which are to be borne by the customer.  

§ 10 Liability for material defects and customer service 

We vouch for the faultless manufacture of the goods delivered by us. Claims for material defects shall lapse after 12 months. This does not apply if the German Civil Code (BGB) prescribes longer periods, in particular in accordance with § 438 Para. 1 No. 2 b BGB for items that have been used for a building in accordance with their usual instructions for use and have caused its defectiveness. The partner must report obvious defects in writing immediately after receipt of the goods at the place of destination and hidden defects immediately after discovery of the defect. In the event of justified, timely notification of defects, we shall, at our discretion, either repair the defective goods or deliver a faultless replacement. If we do not fulfill these obligations or do not fulfill them in accordance with the contract within a reasonable period of time, the partner may set us a final deadline in writing within which we must fulfill our obligations. After unsuccessful expiry of this period, the Partner may demand a reduction in the purchase price, withdraw from the contract or carry out the necessary rectification itself or have it carried out by a third party at our expense and risk. Unless otherwise stated below, other and further claims for damages arising from delay, impossibility of performance, culpable breach of secondary contractual obligations, culpa in contrahendo and tort are excluded. We are therefore not liable for damage that has not occurred to the delivered goods. In particular, we are not liable for loss of profit or other financial losses of the partner. In the event of a delay in delivery, we shall only be liable for up to 3% of the delivery value affected by the delay for each completed week of delay, but limited to a maximum of 15% of the delivery value, and in any case limited to the foreseeable, typically occurring damage. The above limitations of liability shall not apply if we have caused the damage intentionally or through gross negligence or if we have breached material contractual obligations. If we have breached a material contractual obligation, we shall only be liable for reasonably foreseeable damage typical of the contract. Furthermore, the limitation of liability shall not apply in cases in which liability exists under the Product Liability Act for personal injury or property damage to privately used objects in the event of defects in the delivered goods. It shall also not apply in the event of injury to life, limb or health. Recourse claims of the partner against us shall only exist insofar as the partner has not reached an agreement with its customer that goes beyond the statutory value added tax. For the scope of the rights of recourse, the statements under this clause shall apply mutatis mutandis. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.
  
§ 11 Applicable law / place of jurisdiction 

These business relations and all legal relations between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Stuttgart shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. 
  
§ 12 Important data protection information 

We use your inventory data exclusively to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the General Data Protection Regulation (GDPR) and the German Telemedia Act (TMG). 
  
You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact our data protection officer by email at info@list-magnetik.de or send us your request by post to List-Magnetik GmbH, Max-Lang-Str. 56/2, 70771 Leinfelden-Echterdingen, Germany
  
We do not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which you can revoke at any time. Excluded from this are our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the credit institution commissioned with payment processing). In these cases, however, the amount of data transmitted is limited to the minimum necessary. We use technical and organizational security measures to protect your data managed by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. 
  
By placing an order, you accept our General Terms and Conditions 
The Management of List-Magnetik GmbH, Leinfelden-Echterdingen 2025; as at: July 2025