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Sec. 1 General area of application The following General Terms and Conditions are applicable for any business relation between private or business customers. The version of these General Terms and Conditions which is valid at the time of the contract’s conclusion shall be applicable. Sec. 2 Conclusion of the contract The presentation of goods in our online store shall not be regarded as an offer but as a non-binding request to order those goods at our store. Your order of the desired goods made via the ordering system on our website (www.hifisound.de), via e-mail (order@hifisound.de), by fax (0049 – 251 – 43956), in writing, or by phone (0049 – 251 – 47828) will be regarded as a legally binding offer to conclude a purchase contract. We will immediately confirm the receipt of your order. The confirmation of the order as well as the receipt of orders made by phone shall not be regarded as the conclusion of a contract. In fact, the shipping of ordered goods is to be regarded as the acceptance of your order. In case you prefer payment in advance, the delivery of the ordered goods will not be effected before the payment is fully credited our account. For further details concerning delivery and different payment methods, please read Sec. 5. Sec. 3 Delivery In case of deliveries with packaging or goods obviously damaged, we ask you to give immediate notice of the damage to the carrier/cargo-ship or to refuse the acceptance of the delivery as well as to contact us as soon as possible so that we are able protect our rights vis-à-vis the carrier/cargo-ship. Please inform us also about concealed defects as soon as you discovere them so that we are able to contact our supplier in this matter. Your warranty claims as our customer shall remain unaffected thereby. Advice: In case you assume a non-obvious damage, you are also entitled to accept the goods „with reservations“. Sec. 4 Prices , payment methods and shipping costs Sec. 4.1 Prices All prices are non-binding, shall be regarded as gross prices in EUR, and include the legal value-added tax. You are entitled to rights of setoff only if your counter-claims are recognized by declaratory judgement, undisputed, or admitted by us. The minimum value of ordered goods amounts to EUR 25.00 in Germany and to EUR 50.00 in the European countries. Sec. 4.2 Payment methods For deliveries within Germany, you can choose one of the following payment methods: collect on delivery (C.O.D.), credit card, payment in advance (2% discount), Paypal, or ComfortCard. Of course, you can also collect the goods personally at our store. For deliveries outside Germany, the following payment methods are possible: credit card, payment in advance (2% discount), or PayPal. In case you wish to make payment in advance, you will receive an e-mail giving the amount to be paid as well as our bank details. By the time your payment is credited our account, the ordered goods will be delivered to you as soon as they are available. In case you wish to pay by credit card, the goods will be delivered to you as soon as they are available after the transaction has been approved by your credit institution; you credit card account, however, will already be charged by the time the order is placed. In case you choose C.O.D., you will pay the amount to be collected cash and plus the C.O.D. charge incurred to the mailman or the carrier by the time you receive the delivery. Any product from our range will be shipped preferentially by GLS or, alternatively, by DHL; in particular, if you chose C.O.D. (only within Germany), we will ship by DHL only. In case of larger amounts or higher volumes, we will commission a carrier, if necessary. Prior notice provided, you can of course collect the goods at our store, Judefelderstrasse 52, 48143 Munster, Germany. . Sec. 4.3 Shipping costs
If you place an order via our eShop from a country which is not included in the table above, we will at first send an electronic confirmation of your order excluding shipping costs. We will send the definite invoice including the shipping costs actually incurring by e-mail at the next working day at the latest. If you pay by credit card, we will charge your credit card account additionally with the shipping costs you were billed with. If you pay via credit transfer, please do not transfer until you received the definite invoice. Sec. 5 Warranty In case the goods delivered by us should show any defects, we ask you notify us of obvious defects of the goods within two weeks after the receipt. For new goods purchased at hifisound, the legal warranty period of two years from the receipt of goods shall be applicable. In case of used and demonstration devices, the warranty period shall be one year from the delivery of goods. A liability in accordance with the Produkthaftungsgesetz [Product Liability Act] shall remain unaffected hereof. To avoid legal disputes, you shall be obliged – before the assertion of your warranty claims – to provide us with the complained goods in order to enable a check of the defect; and that, at our own choice, at your place, or by returning the goods to us or to a third person appointed by us. For this purpose, please contact us by phone (phone: 0049 – 251 – 47828), by e-mail, or fax in order to coordinate the further proceedings. In case you refuse your cooperation insofar, we shall be freed from our warranty obligation. We predominantly deliver sensitive technical devices. Please note therefore that we cannot be held liable for defects caused by improper measures not in conformity with the contract, in particular during installing, connecting, storing, or operating. Warranty claims will also expire if third persons not being entitled have opened the goods delivered by us, if the goods have been altered, or if expendables are used which do not comply with the manufacturer’s specifications of the individual products delivered by us. This is also applicable for such damages caused by the operation of products delivered by us along with other devices the compatibility of which is not guaranteed. hifisound does not give any guarantee according to the law. Manufacturer’s guarantees will remain unaffected thereby. Sec. 6 Limitation of liability We shall only be held liable for own content presented on the website of our online store. In cases we enable the access to other websites by means of links, we shall not be responsible the foreign content contained therein. We do not adopt any foreign content. If we learn about illegal content contained in external websites, we will immediately disable the access to these sites. Sec. 7 Reservation of title Any object of purchase will remain property of hifisound until the payment of the purchase price has been completed. The customer shall give us immediate notice about any execution proceedings of third persons levied upon the reserved goods and provide us with the documents required for an intervention. This shall also be applicable for impairments of any kind. Irrespectively of this, the customer is to inform third persons (creditors) in advance about the existing rights in the goods (name/postal address of the creditor/of the court having jurisdiction for the execution). If hifisound replaces individual components of the delivered objects due to a supplementary performance, hifisound also acquires property of the replaced objects. In case of a subsequent delivery, hifisound acquires property of the replaced devices or, respectively, the components at the time the alternate device is received by the contractual partner. Sec. 8 General provisions Any contractual relationships shall be solely subject to the law of the Federal Republic of Germany. The Nations Convention on Contracts for the International Sale of Goods dated April 11th 1980 [CISG; UN-Kaufrecht] is excluded. Should individual provisions of these General Terms and Conditions or of the contract concluded with you be ineffective in whole or in part, the effectiveness of the remaining parts of the contract shall not be affected thereby. The ineffective provision shall be replaced by the applicable legal provision. If the customer has no general place of jurisdiction within Germany or within another state of the European Union or if he is a business customer, our seat in Munster, Germany, shall be the only place of jurisdiction for any legal dispute deriving from this contract. Revocation instructions for private customers The following revocation instructions shall not be applicable for business customers pursuant to Sec. 14 of the Bürgerliches Gesetzbuch [BGB; German Civil Code]. Revocation right You are entitled to revoke your contractual statement within two weeks in written form (e.g. letter, fax, e-mail) or – in case you received the goods before the term expired – by returning the goods without giving any reason. The term will commence after the receipt of the present instructions in written form, but will not begin before the goods are received by the recipient or before we performed our obligations to inform according to Sec. 312c Paragraph 1 Clause 1 of the Bürgerliches Gesetzbuch [BGB; German Civil Code] in association with Sec. 1 Paragraph 1, 2, and 4 of the Verordnung über Informationspflichten nach dem Bürgerlichen Recht [BGB-InfoVO; German decree regarding obligations to inform according to the Civil Code] as well as our obligations pursuant to Sec. 312e Paragraph 1 Clause 1 of the Bürgerliches Gesetzbuch [BGB; German Civil Code] in association with Sec. 3 of the Verordnung über Informationspflichten nach dem Bürgerlichen Recht [BGB-InfoVO; German decree regarding obligations to inform according to the Civil Code]. To comply with the period of time stated it shall be sufficient to send the revocation or return the goods in time. The revocation shall be addressed to: letter: hifisound, Lautsprechervertrieb, Raimund Saerbeck, Judefelderstrasse 35/52, 48143 Munster, Germany. fax: 0049 – 251 – 43956 e-mail: order@hifisound.de Effects of revocation In case of an effective revocation, mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e.g. interest) shall be surrendered. If you cannot return the received goods and services in whole or in part or only in a condition of reduced value, you, if applicable, have to provide compensation insofar. You do not have to compensate for a reduction in value due to checking the goods – for example – the way it would have been possible for you to do in a retail store. If you want to avoid the obligation to compensate for a reduction in the goods’ value due to an utilisation as intended, you should not utilise the goods as your property and avoid any usage that might reduce their value. Goods that can be sent as parcels have to be returned at our risk and expense. You will have to bear the expenses of the return if the delivered goods correspond to the ordered goods and the purchase price of the returned goods does not exceed the amount of EUR 40.00, or if – in case of a higher purchase price of the goods – you did not provide the counter-performance at the time of the revocation; in any other case, the return will be free of charge for you. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts for you with the sending of your declaration of revocation or of the good, for us with their receipt. Financed businesses: If you financed this contract by means of a loan and if you revoke the financed contract, you shall no longer be bound to the loan contract, either, in case both contracts form an economic unit. This in particular shall be deemed applicable if, at the same time, we are your lender or if your lender uses our cooperation with regard to the financing. In case we already received the loan at the time the revocation becomes effective or the goods are returned, you may not only consult us but also your lender in order to effect a reversed transaction. End of the revocation instructions References concerning the revocation instructions: In order to allow for the easiest-possible return of the goods, we would like to ask you to submit your revocation using our online store under www.hifisound.de, Mein Konto [My Account] or to contact us via fax under 0049 – 251 – 43956. If desired, we will then send you a freeway ticket which you can use for a return free of charge. The goods can also be collected by GLS at your address. The use of a freeway ticket as well as the collection by GLS are optional, alternatively, another mode of shipment shall be possible. However, we would like to ask you kindly to relinquish unpaid returns of goods within the framework of your revocation right. Please note that, in case of using an unnecessarily expensive mode of shipment, a claim to refunding additional costs – compared to the usual mode of shipment – might arise. Please keep the original packaging until you decide not to make use of your revocation right. Your obligation in this regard, however, only includes the return of goods in a way that protects them against typical risks of conveyance. A revocation right is excluded in cases in which the goods have been manufactured according to the customer’s specification, are clearly tailor-made for his personal requirements, or are not suitable for a return due to their nature. |
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