General Terms and Conditions (Online Shop Audio Flyer)
§1 Scope and provider
(1) These general terms and conditions apply to all orders you place
at the online shop of AUDIO FLYER, Constantin Freiherr von Hammerstein, Liviushof 3, D-65779 Kelkheim (Taunus).
Service hotline: 0049- (0) 6195-9859860
(2) The range of goods in our online shop is aimed exclusively at
Buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the
Basis of these general terms and conditions. The general
Terms and conditions apply to all companies
future business relationships, even if not expressly again
to be agreed. The inclusion of general terms and conditions
of a customer who complies with our general terms and conditions
contradict is already contradicted.
(4) The contract language is exclusively German.
(5) You can view the currently valid general terms and conditions on the
Access and print out the website.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not make a binding application
the conclusion of a purchase contract. Rather, it is a
non-binding invitation to order goods in the online shop.
(2) Enter by clicking the button “Send order”
binding purchase offer from (§ 145 BGB).
(3) After receipt of the purchase offer you will receive an automatically generated email,
with which we confirm that we have received your order
(Confirmation of receipt). This confirmation of receipt does not constitute an acceptance
Of your purchase offer. A contract comes through the confirmation of receipt
not yet established.
(4) A purchase contract for the goods is only concluded when we expressly
declare acceptance of the purchase offer or if we – without
prior express declaration of acceptance – send to you.
§ 3 Prices
The prices mentioned on the product pages are gross prices and are inclusive of VAT and other price components.
§ 4 Terms of payment; Delay
(1) Payment is made either:
Invoice by direct debit, credit card, PayPal, MasterCard or invoice (a service from PayPal).
(2) When paying by credit card the purchase price at the time of ordering
Reserved on your credit card (“authorization”). The actual load on your
Credit card accounts take place at the time when we send the goods to you.
(3) When paying by direct debit, you may have to bear the costs that result
a chargeback of a payment transaction due to insufficient funds or
arise due to incorrectly transmitted bank details.
(4) If you are in arrears with a payment, you are to pay the
statutory default interest of 5 percentage points above the
Base rate committed. For each reminder letter that occurs after the
Delayed delivery to you will result in at least a reminder fee
The amount of 5 EUR will be charged unless you have a lower damage
(6) Payment of the sales price is due upon conclusion of the contract.
§ 5 Offsetting / right of retention
(1) You only have the right to offset if your
Counterclaim has been legally established or not by us
(2) You can only exercise a right of retention if your
Counterclaim is based on the same contractual relationship.
§6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods are delivered
to the email address you provided.
(2) The goods remain ours until the purchase price has been paid in full
(3) Rights of use for DJ intros produced by Audio Flyer are generally non-exclusive. The DJ intros offered in the shop are personalized with your own DJ name after purchase, but there is no claim to exclusivity of the purchased intro, since it is a so-called template production. The purchase price refers exclusively to the personalization of the respective DJ intro. Exclusive use of the purchased intro is explicitly excluded.
§ 7 Warranty
(1) Unless expressly agreed otherwise, yours will be addressed
Warranty claims according to the statutory provisions of the
Sales law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the
Limitation period for warranty claims in the case of used items is different
from the legal provisions – one year. This
Restriction does not apply to claims based on damage from the
Injury to life, limb or health or from the
Violation of an essential contractual obligation, the fulfillment of which
proper execution of the contract is made possible and
the contractual partner can regularly rely on compliance
(Cardinal obligation) as well as for claims due to other damages that
on an intentional or grossly negligent breach of duty by the
Based on the user or his vicarious agents.
(3) The provider does not declare a guarantee.
(4) Personalized jingles with individual names cannot be changed subsequently. The text sent by the customer in the order form is decisive for this.
(3) For the rest, the statutory provisions apply to the guarantee.
§ 8 Disclaimer
(1) Claims for damages by the customer are excluded, unless otherwise stated below. The above disclaimer also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Excluded from the exclusion of liability formulated in Section 1 are claims for damages in accordance with the Product Liability Act, as well as claims for damage to life, limb, health and claims for damages from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. The provider must hand over the goods / service to the customer free of material and legal defects and realize ownership of it. Liability for damage resulting from a grossly negligent or willful breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the exclusion of liability.
§ 9 Final provisions
(1) Should one or more provisions of these terms and conditions be ineffective or
the effectiveness of the other provisions
(2) Contracts between us and you are governed exclusively by German law
applicable to the exclusion of the provisions of the United Nations
Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
(3) Are you a merchant, legal entity under public law or public law
Special funds, the place of jurisdiction for all disputes
or in connection with contracts between us and you the location of the provider.