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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

Email:

(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

can demonstrate.

(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

is contested.

(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

Property. 

(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

not touched.

(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.

 

 

 

 

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