Legal

Terms and Conditions

This English translation is provided for convenience only. The German version is legally binding: German version.

Last updated: April 2026 · Magic Swell · Martin Janosik

Section 1 Scope

  1. These General Terms and Conditions ("Terms and Conditions") apply to all contracts concluded between Magic Swell, Martin Janosik, Speditionstraße 8, 40221 Düsseldorf (hereinafter "Provider") and the customer via the website magic-swell.com.
  2. These Terms and Conditions apply exclusively. Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to their validity.
  3. A customer within the meaning of these Terms and Conditions is both a consumer (Section 13 BGB (German Civil Code)) and a trader/business (Section 14 BGB).

Section 2 Subject matter of the contract

  1. The subject matter of the contract is the sale of electric surfskates ("Magic Swell") and accessories by the Provider to the customer.
  2. The products are not approved for use on public roads within the meaning of the StVZO (German road vehicle licensing regulations) and may only be used on private property or on areas designated for this purpose. This notice is part of every product description.

Section 3 Conclusion of the contract

  1. The product presentations in the online shop do not constitute a legally binding offer, but an invitation to the customer to submit an offer.
  2. By clicking the button „Zahlungspflichtig bestellen“ ("order with obligation to pay"), the customer submits a binding offer to purchase the goods placed in the shopping cart.
  3. The Provider confirms receipt of the order without undue delay by e-mail. This confirmation of receipt does not yet constitute acceptance of the offer. Acceptance takes place by an express declaration of acceptance or, at the latest, by dispatch of the goods.
  4. The language of the contract is German.

Section 4 Prices and shipping costs

  1. All prices stated are final prices and include statutory VAT (19%) as well as other price components.
  2. Within Germany, the Provider delivers free of shipping costs. Deliveries to other EU countries or third countries are charged separately and shown before the order is completed.
  3. For deliveries to third countries (outside the EU), additional customs duties, taxes or fees may apply, which are to be borne by the customer.

Section 5 Payment terms

  1. The following payment methods are available: PayPal, Klarna (purchase on invoice, instalment payment), Apple Pay, credit card (Visa, Mastercard, American Express) and SEPA bank transfer.
  2. The purchase price is due for payment immediately upon conclusion of the contract.
  3. In the event of default in payment, the Provider is entitled to demand statutory default interest. The right to claim further damages is reserved.

Section 6 Delivery, shipping & transfer of risk

  1. Deliveries are made exclusively to the delivery address specified by the customer.
  2. Unless otherwise stated, the delivery time within Germany is 3–5 working days from conclusion of the contract. Deviating delivery times are indicated in the product description.
  3. Shipping is carried out as dangerous goods in accordance with UN3481 (lithium-ion batteries, class 9) by our specialised shipping partners.
  4. For consumers, the risk of accidental loss and accidental deterioration of the goods passes only upon handover of the goods to the customer or to a person designated by the customer. For traders/businesses, the risk passes as soon as the goods are handed over to the carrier (Section 447 BGB).

Section 7 Retention of title

The goods delivered remain the property of the Provider until payment has been made in full.

Section 8 Right of withdrawal for consumers

Consumers have a 14-day right of withdrawal. The complete Information on the Right of Withdrawal and the model withdrawal form can be found on our page Information on the Right of Withdrawal.

Section 9 Statutory warranty (liability for defects)

  1. The statutory warranty rights apply. For consumers, the statutory warranty period is 2 years from receipt of the goods.
  2. If defects occur during the statutory warranty period, please contact support@magic-swell.com. We ask you to describe the defect precisely and, if possible, to attach pictures/video.
  3. The Provider grants for the entire board a voluntary manufacturer's warranty of 12 months on the drivetrain and battery; the statutory warranty rights remain unaffected by this.

Section 10 Liability

  1. The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on an intentional or grossly negligent breach of duty.
  2. For the slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract.
  3. Otherwise, the Provider's liability is excluded, in particular for damage caused by improper use of the product (e.g. riding on unsuitable surfaces, without protective equipment, under the influence of alcohol/drugs or on public roads).
  4. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

Section 11 Usage notice & age restriction

  1. The Magic Swell may only be used by persons aged 16 and over and exclusively with a helmet and suitable protective equipment (knee, elbow and wrist guards).
  2. Use is at your own risk. Parents are liable for their children.
  3. The Provider accepts no liability for damage resulting from failure to observe the operating instructions or the generally recognised rules for the safe handling of electric vehicles.

Section 12 Battery Act (BattG) & Electrical and Electronic Equipment Act (ElektroG)

  1. In connection with the sale of batteries, we are legally obliged to inform you of the following: Batteries must not be disposed of with household waste. As an end user, you are obliged to return used batteries and can return them free of charge to us or to public collection points in your municipality. The symbol of the crossed-out wheeled bin with the chemical symbols Pb (lead), Cd (cadmium) or Hg (mercury) indicates the pollutants contained.
  2. Waste electrical equipment must not be disposed of with household waste. The Provider takes back waste electrical equipment from private households free of charge, provided that the return has been agreed with us in advance. The WEEE registration number will be provided in the shipping confirmation.

Section 13 Dispute resolution

The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Section 14 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Düsseldorf. The same applies if the customer has no general place of jurisdiction in Germany or moves their domicile or habitual residence abroad after conclusion of the contract.
  3. Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.