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Our General Terms and Conditions

MAGNETIX Wellness GmbH (hereinafter MAGNETIX) is a company that uses independent sales partners (hereinafter: consultants) around the world to sell magnetic jewellery (hereinafter: MAGNETIX products or products).
These general terms & conditions (hereinafter T&Cs) regulate all buying and selling activities between the consultants and MAGNETIX. MAGNETIX provides its services to consultants exclusively on the basis of these general terms and conditions.

2.1. The consultant is the natural person of full majority or legal entity stated overleaf. If a legal entity concludes the contract with MAGNETIX, a natural person who represents the company and the head o. ice of the legal entity must be stated in the registration request.
2.2. Self-employment
The consultant acts as a self-employed businessperson. They buy and sell MAGNETIX products in their own name and on their own account. They are not entitled to provide or receive legal declarations in the name of MAGNETIX and may not act as employees of MAGNETIX to the customers. The products are the goods, advertising items, printed materials and other goods marketed by MAGNETIX referred to in the currently valid catalogue.
2.3. Business registration; commercial register registration
The consultant will themselves undertake all necessary business, commercial law and tax law registrations and demonstrate this to MAGNETIX in appropriate form (certif ied copies of the commercial register excerpt and business registration) without additional request at the latest 6 months after receipt of the consultant application. Only commercially registered consultants are permitted to sell MAGNETIX products commercially under these T&Cs and to receive commissions.
2.4. Consultant manual
The current version of the consultant manual issued by MAGNETIX applies. The consultant must comply with the valid version of the guidelines stated in the consultant manual on orders, sales and the presentation of the products and the business ideas. MAGNETIX is entitled to modify the manual as required; it will inform the consultant of this.
2.5. Receivables and liabilities
Receivables from MAGNETIX against the consultant can be o. set with bonus and commission claims (8).
2.6. Purchase of starter packs
The consultant fulf ils the requirements to start his or her consultant activity on purchase of a starter pack and registrations as per 2.3 of these T&Cs.
The purchase of a starter pack is compulsory and must be undertaken with the first order.

3.1. The consultant may o. er and sell MAGNETIX products that they buy from MAGNETIX (4.2) and introduce other consultants to the business (Sponsoring, 7.) in all countries approved by MAGNETIX.
3.2 The consultant has no right to a particular contractual/sales area and no right to exclusivity.

4.1. Product presentation
The presentation of the products and business idea must match the standards of behaviour for direct sales issued by the German Federal Association for Direct Sales (which can be viewed at www.direktvertrieb.de/ Verhaltensstandards.66.0.html). The o. icial notif ications of MAGNETIX must be complied with and the newest version of the consultant manual (2.4) must be obtained.
4.2. The consultant may only purchase MAGNETIX products directly from MAGNETIX. They must pay MAGNETIX the relevant valid purchase price for the products ordered from and delivered by MAGNETIX. The relevant valid MAGNETIX catalogue prices minus the discount granted to the consultant applies to the orders. From publication of the new price list, all new orders are subject to the new prices.
4.3. The consultant must properly inform the customers about the revocation and/or return rights laid down by law and supplemented by MAGNETIX and for this purpose use the customer documents prepared by MAGNETIX. If there is a revocation that the consultant receives within 14 days after the key time period under the revocation information, they must reimburse the customer for the purchase price and take back the goods. In addition, the provisions on returning goods issued by MAGNETIX, including the return form, apply.
4.4. The consultant may not present either the company or the products, marketing plan, income or circumstances associated with their activity incorrectly, incompletely or in an otherwise misleading manner.

5.1. MAGNETIX will to the best of its ability supply the consultant with the current range of goods and support the corporate guidelines accordingly. MAGNETIX will fulf il the obligations arising from the consultant's manual.
5.2. If the consultant has taken back products from a customer on the basis of them exercising the revocation right and the consultant returns these to MAGNETIX, MAGNETIX will reimburse the consultant without obligation for the relevant purchase price under the requirement that the products are in a perfect and undamaged condition and no more than 14 days have passed since the goods were returned to the consultant. If the consultant has returned the products properly as a result of a quality complaint, he has the right to a credit note. The return forms required by MAGNETIX must be properly completed.

6.1. MAGNETIX is liable for the MAGNETIX products being free of legal and material defects when the risk is transferred.
6.2. Obvious defects must be reported by the consultant without delay after receiving the goods in writing to MAGNETIX. Other justif ied complaints regarding contract-typical obligations and characteristics of the goods can also only be taken into account if the complaint is made without delay after discovery, at the latest 14 days after discovery of the defect in writing. After the consultant has sold on the MAGNETIX products, defects that can be determined immediately after receipt can no longer be complained about.
6.3. After a justif ied complaint MAGNETIX will comply with the warranty by providing a replacement or issuing a credit note.
6.4. The warranty period is two years
This does not apply if the consultant has not notif ied MAGNETIX under No. 1 of this provision in good time. Claims by the consultant for the infringement of contract-typical obligations also lapse after one year. This one-year period does not apply if, under the relevant binding version of the statutory provisions, longer periods apply as well as if MAGNETIX is accused of gross negligence and in the event of MAGNETIX being responsible for injury to the life, limb or health of the other party.

7.1. Sponsoring
The consultant is permitted to introduce other consultants to the business (sponsoring). The consultant application of the sponsored consultant is considered to have been accepted on the joining date if this is not opposed within 3 days. If the consultant introduces other consultants to the MAGNETIX business, they are obliged to comply with the current sponsoring guidelines in the consultant's manual. The new advisors are to receive the best possible training and support from the existing consultant.
Spouses, civil partners and life partners can only be sponsored jointly (i.e. on one application form). Partners cannot sponsor each other. In the event of a separation, divorce or dissolution of a civil or life partnership only one of the jointly sponsored partners can continue the business and receive commissions. In this case the partners must inform MAGNETIX about which of the partners will continue the business and is entitled to receive commissions.
7.2. Transfer / change
7.2.1. A consultant cannot simply switch from one sponsor to another. This requires the written approval of the introducing sponsor, up to the fourth consultant in their upline as well as of MAGNETIX. MAGNETIX is entitled to refuse the changing of a sponsor without providing reasons or to refuse their agreement.
7.2.2. If a consultant does not receive the necessary agreements to the change, he or she can terminate the consultant agreement with MAGNETIX. After termination the consultant loses their downline and discount status. A new registration with the business under a di. erent sponsor can only take place at the earliest 6 months after the termination takes effect.
7.2.3. It is generally not permitted for a consultant to sell / transfer their downline.
7.3. Transferring team consultants
In the event of the termination of one consultant agreement, the consultants from the team are assigned to the next active upline consultant. The transferred consultants are not considered sponsored under 7.1; the success bonus is however paid out to the receiving consultant as per the marketing plan.
The consultants in the downline of the departing consultant are upgraded at the start of the fifth month after their departure. Commissions are compressed to the upline on the f irst day of the following month (as per the marketing plan).
7.4. Loss of a marketing director
If the consultant has not yet reached the status of a marketing director and another consultant they’ve sponsored reaches this status before them, the consultant must reach the position of marketing director within 4 months (from the date on which the other consultant qualif ied). Otherwise the consultant loses the other consultant in their group that has reached marketing director and this person is assigned to the next active marketing director in the upline.

Discounts and commissions are paid out as per the marketing plan stipulated in the current consultant manual for amounts above €30.00. Marketing directors must be active and qualif ied according to this plan. This means that commissions are only paid to consultants if 130 PSV (personal sales) points are achieved in the calendar month; marketing directors must achieve a further 1200 GSV (group sales) points in addition to 130 PSV points for commissions to be paid. If a di. erent downline is assigned to a marketing director, they receive commission if no third party is entitled to it. MAGNETIX has a retention right to the commissions until the rights of third parties have been f inally determined.

The consultant gives MAGNETIX fundamental consent by signing this agreement to receive advertising and information by post and electronic means (email) without further request. If advertising is not desired, the consultant must inform consultant service of this so that their data can be removed from the distribution lists.

For the duration of the agreement, the consultant is not permitted to be involved with the sale or distribution of competing products from other direct sales companies through or with other people or companies, promote such, advise a competing company and/or represent, purchase or take a holding in such - no matter the legal form.

The consultant is obliged to maintain the conf identiality of all business processes and in particular business and operating secrets. The list of all people (name, address, consultant revenues) that were introduced to the MAGNETIX business (team) is considered conf idential and may not be provided to other consultants or people. This obligation also applies after the end of the agreement. If and to the extent to which nothing further applies, the consultant is in particular not permitted to use customer data for their own purposes after the agreement has ended; this also applies with regard to the data of customers who they have themselves acquired. Infringements by other consultants against these T&Cs should be notif ied to MAGNETIX in order to ensure compliance with the company's principles.

The assignment and pledging of the consultant's claims from this agreement are excluded and are ineffective in the relationship with MAGNETIX. The complete or partial transfer of claims from the consultant agreement to third parties requires the prior written consent of MAGNETIX.

After fulf ilment of the requirements stated in 2.3 the agreement comes into force with the acceptance of the consultant application by MAGNETIX and is valid without restriction. Transfers of the consultant agreement (the rights and obligations from this agreement) by third parties require the prior written agreement of MAGNETIX.

14.1. The consultant can terminate the agreement to the end of a month by registered letter.
14.2. MAGNETIX can terminate as per the statutory provisions, in particular on infringement of the provisions in Numbers 4, 7, 10 and 11.
14.3. The right to terminate the agreement due to an important reason remains una. ected. An important reason is in particular the non-provision of evidence of business registration/commercial register registration by the consultant, non-compliance or infringement of the principles and guidelines set out in the manual by the consultant after the issue of a reminder or the consultant enticing or attempting to entice their own or other consultants of MAGNETIX to join another company. An important reason also exists if the consultant incorrectly shows bonuses or is involved in collusion in the manipulation of agency commissions.
14.4. In the event of MAGNETIX ending the agreement, perfect stocks will be refunded at purchase prices. If the contractual relationship has lasted for more than 6 months, MAGNETIX will charge a processing fee of 10% of the purchase price. Return by the consultant must take place within 14 days of terminating the contractual relationship. The return of advertising materials, brochures, price lists, . yers, promotional items, products from special o. ers and product sets is excluded. The consultant can o. er goods still in his or her possession for resale to MAGNETIX under the following conditions: The goods must be in perfect condition, ready for resale, not older than two years and must still be part of the current MAGNETIX range as per the relevant current catalogue. The refund paid for the goods is 90% of the price paid by the consultant. The consultant bears the transport costs for the return. Earrings cannot be returned for hygienic reasons. This also applies to other products where the return is opposed for hygienic reasons.
14.5. In the event of extraordinary termination (14.3) return (14.4) is excluded.
14.6. In the event of the death of a MAGNETIX consultant, their heirs enter into the rights and duties of the contract existing between the consultant and MAGNETIX on suspension and acceptance of an appropriate legacy by the recipient of the legacy. In particular bonus/commission and other payments paid as part of the MAGNETIX marketing plan and to which the heir has a claim are to be paid out to the heirs / legacy recipients. The business of the deceased consultant can only be continued by one person (heir / legacy recipient). This person must complete a consultant application and fulf il the requirements in 2.3. If several people are heirs or legacy recipients, MAGNETIX can terminate the contract if within 8 weeks nobody has been appointed who will continue the agreement as an individual.
14.7. Before death the whole downline with all of the rights and duties from the consultant agreement can be transferred as stated in 12 or 13.

The goods remain the property of MAGNETIX until f inal payment of all current and future MAGNETIX receivables from the consultant agreement. The consultant is permitted to resell goods that are subject to retention of title in proper business transactions. The receivables arising from resale with third parties are assigned by the consultant to MAGNETIX as collateral. MAGNETIX accepts the assignment. The consultant and MAGNETIX remain entitled to collect the receivable, whereby MAGNETIX is obliged to not publish the assignment nor collect the receivable as long as the consultant complies with the payment obligations to it, is not in default of payment, has not made a request to start insolvency proceedings and there are no other defects in their ability to perform. If the value of the collateral exceeds the receivables of MAGNETIX by more than 10%, MAGNETIX will at the request of the consultant release the collateral of its choice.

The images used in the publications may only be used exclusively in connection with the MAGNETIX consultant activity with the written agreement of MAGNETIX. Product images that can be viewed in the partner back o. ice can be used by the consultant on their MAGNETIX online shop page. Images to be viewed in the partner back o. ice showing people or animals may not be used; to this extent only MAGNETIX is entitled to the relevant licensing and usage rights which however cannot be transferred to consultants. Each processing of or alteration to depictions / images, conversion of colour information, changes to the colour, contrast and brightness values, duplication of photographs, artistic falsif ication, photo composition or changes using other electronic resources are only permissible with the prior written approval of MAGNETIX.

17.1. If nothing further is determined, the guidelines of this agreement and the general terms and conditions of the relevant current consultant manual apply.
17.2. To maintain a common sales organisation, modify business processes to legal and technical changes and to avoid contradictions and unfairness that may arise in particular from the application of di. erent national legal requirements and when establishing global sales, MAGNETIX is entitled to modify guidelines and T&Cs whilst taking appropriate account of the interests of consultants.
17.3. Should a provision of these T&Cs be or become invalid, the validity of the other provisions remain unaffected.
17.4. The agreement is subject to German law. The place of fulf ilment and court of jurisdiction is Frankfurt am Main.

18.1. Magnetix guarantees the consultants the right to a 14-day return from the date of the order. This counts from the date of the postal stamp. In order to cancel the purchase contract and return the item(s), the item(s) must sent back in packaging that does not damage the item and in perfect condition for resale including any additional parts in the package. Magnetix guarantees an exchange with shipping charged or a refund that will be paid back using the original payment method. Magnetix only accepts returns totalling at most 10 items. Items part of special o. ers, complimentary jewellery from catalogues, starter sets, table or ring presenters and promotional products cannot be returned.
18.2. Magnetix guarantees end customers a 30-day guarantee. End customers may return items from the current catalogue to Magnetix if they provide a receipt from the consultant. A return occuring after the legal cancellation period but within the 30-day guarantee o. ered by Magnetix can be refunded minus a 15% processing fee. An exchange is also possible. The legal regulations are otherwise valid.
18.3. End customers are guaranteed a warranty of 2 years from date of purchase through the consultant. The return can only take place with a receipt from the consultant and the return form provided by Magnetix. Incomplete or incorrectly . lled out forms, especially if items are not listed, will not be processed by Magnetix. Magnetix may repair material or processing defects, exchange the item, provide a replacement or refund the purchasing price within the warranty period. Magnetix retains the right to make this decision. Unjusti. ed returns, for example without a receipt, will be sent back to the customer at their cost. Repair, exchange or replacement does not extend the warranty period a further 2 years. The consultant must establish in which order he or she purchased the item(s).
18.4. For individual items from a set or multi-piece item for which an exchange is not possible, the consultant or customer can choose an alternative product with the same value as the item that was returned.