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  • Terms & Conditions and Customer Information

Terms & Conditions and Customer Information

Table of Contents:

1. Scope

1.1 These Terms & Conditions ("T&C") of Webcraft 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 T&C, 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 T&C, is any natural person or legal entity, or partnership with legal capacity entering into a legal transaction for a purpose that can be attributed either to an independent or a commercial 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 time frame for accepting the offer starts on the day after the Customer sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When the Customer submits the offer via the Seller's online order from, the Seller saves the contract wording and sends it to the Customer along with the Terms & Conditions at hand in text form (e.g. e-mail, fax or letter). After submitting the order, the Customer can no longer access the contract wording via the Seller's Internet site.
2.6 Before submitting a binding order via the Seller's online order form, the Customer is continuously able to adjust his/her entries via conventional keyboard and mouse functions. Furthermore, before submitting a binding order, all entries will be displayed once more in a confirmation window and can be adjusted there via conventional keyboard and mouse functions.
2.7 The following languages are available for concluding the contract: German, English, French, Dutch, Italian, Spanish.
2.8 The order handling and contacting is usually carried out via e-mail and automated order processing. The Customer has to ensure the accuracy of the e-mail address indicated during the ordering process in order to receive e-mails sent to this address by the Seller. Particularly when using SPAM filters, the Customer has to ensure that all e-mails from the Seller or third parties associated with the order handling can be delivered.

3. Right of Withdrawal

Consumers are generally entitled to the right of withdrawal. Further information regarding the right of withdrawal are contained in the Seller's cancellation policy.

4. Prices and payment terms

4.1 If not stated otherwise in the Seller's offer, the indicated prices are considered final prices containing the statutory value added tax. Potential additional shipping costs are stated separately in the respective product description.
4.2 Deliveries to countries outside the European Union might lead to additional costs, which the Customer and not the Seller has to cover. Such costs might include fees for money transfers via financial institutions (e.g. transfer charges, exchange fees) or import-related fees or taxes (e.g. customs duty).
4.3 The Customer can choose from different payment options, which are stated in the Seller's online shop.
4.4 If 'prepayment' is agreed upon, payment is due immediately after the conclusion of the contract.
4.5 When selecting the payment method 'on account,' the purchase value without deduction is due within 30 (thirty) days after receiving the invoice, unless otherwise agreed upon. When selecting the payment method 'on account,' the Seller reserves the right to do a credit screening and refuse this payment method in case of a negative result.

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 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 Generally, the risk of accidental loss or deterioration of the sold products is transferred to the Customer or a person authorised to take delivery once they are handed over. If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the sold products is transferred to a suitable transport company at the Seller's place of business.
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 nonavailability 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

If a product shows a defect, the statutory regulations apply. It constitutes a deviation when products, against their conventional purpose, were used for a structure and thereby caused its defectiveness:
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 new goods is two years after delivery to the Customer,
  • for used goods is one year after delivery to the Customer, with the limitation of paragraph 7.3.
7.3 For entrepreneurs and consumers, the above mentioned warranty and statute of limitations in paragraphs 7.1 and 7.2 do not apply to claims for damages or expense reimbursements that the buyer can claim based on statutory regulations for defects in accordance with paragraph 8.
7.4 Furthermore, for entrepreneurs, the statute of limitations for the right of recourse in accordance with § 478 BGB (German Civil Code) are not affected. The same applies to entrepreneurs and consumers when it comes to deliberate neglect of duty and fraudulent concealment of a defect.
7.5 If the Customer acts as a merchant in accordance with § 1 HGB (German Commercial Code), he is subject to the commercial "examination and notice of non-conformity" in accordance with § 377 HGB. If the Customer fails to adhere to the stated obligation to notify, the goods are deemed accepted.
7.6 If the Customer acts as a consumer, he is asked to inform the deliverer and Seller of obvious transportation damages of delivered goods. Failure to do so has no affect on the Customer's statutory or contractual warranty claims.
7.7 If the supplementary performance is carried out in the form of a replacement, the Customer is responsible for returning the previously delivered goods to the Seller at his expense within 30 days. The return of defect goods has to be carried out according the the statutory regulations.

8. Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, and also tortious 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 the Federal Republic of Germany 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 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 Federal Republic of Germany, 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 The Federal Republic of Germany, 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.