General Terms and Conditions of Audiosteps Commerce KG with customer information

1. scope of application

1.1 The business relationship between Audiosteps Commerce KG, Blasewitzer Str. 41, 01307 Dresden (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 You can reach our customer service for questions, complaints and objections during our business hours by calling +49 (0)351 – 217 88840 or by e-mail at [email protected]

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).

1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. All offers are valid “while stocks last”, unless otherwise stated with the products. Errors excepted.

3. ordering process and conclusion of contract

3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the [In den Warenkorb] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on [Kasse].

3.2 By clicking on [Jetzt kaufen], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the “back” browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 The purchase contract is only concluded when the seller accepts the order after checking it either by means of an express order confirmation or by shipping the goods. If the seller does not accept the order, the customer will be informed immediately and payments already made (e.g. via PayPal, Klarna or prepayment) will be refunded in full.

3.4 If the payment method prepayment is selected, the customer will receive a request for payment with the order confirmation. The order will not be processed until payment has been received. The seller reserves the right to reject an order after checking it and in this case to refund the advance payment in full.

4. prices and shipping costs

4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.

4.2 The shipping costs are clearly shown in the order process (checkout) and displayed before the order is completed.

4.3 For orders with a total weight of more than 31.5 kg or for shipping by a forwarding agent, additional shipping costs may be incurred, which will only be calculated subsequently. In this case, we will send the customer an individual shipping cost offer before shipping. The goods will only be dispatched after acceptance of this offer and payment of any additional costs incurred. If the customer does not accept the offer, the purchase contract remains valid for both parties without any further obligations.

5. delivery, availability of goods

5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

5.2 Deliveries to non-EU countries may be subject to additional duties, taxes and fees, which must be paid not via the seller but via the local customs authorities. For more information, please contact your local customs authority.

5.3 On request, we deliver by express. In this case, we will charge the customer for any additional costs incurred.

5.4 If delivery by a forwarding agent is necessary due to the total volume or weight of the goods ordered, this shall be free kerbside.

5.5 If the customer is an entrepreneur, delivery shall be at the customer’s risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the customer. If the customer is in default of acceptance, this shall be deemed equivalent to handover.

5.6 In the event of negative availability, we reserve the right to make partial deliveries to a reasonable extent for the customer against separate invoicing.

5.7 If, upon delivery, acceptance is unjustifiably refused, an incorrect delivery address is given or the goods are not accepted or not delivered for other reasons for which the customer is responsible, the customer shall be obliged to bear all freight costs and charges incurred.

5.8 The goods must be inspected for transport damage immediately after receipt by the customer or its authorized representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code (HGB), must obtain written confirmation from the transport company upon acceptance of the goods and report this to Audiosteps Commerce KG. Customers who are consumers are requested, without any legal obligation, to also notify us of any obviously recognizable transport damage.

5.9 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.

5.10. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. payment

6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.

6.2 If payment by invoice between Audiosteps Commerce KG and the customer is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.

6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.

6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.

6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

6.7.1 If the customer defaults on payment or acceptance of the goods or cancels the contract without a justified reason, we are entitled to withdraw from the contract after a reasonable grace period of 14 days and to claim damages.

6.7.2 In this case, we may either claim the actual damage incurred or a lump-sum compensation amounting to 15% of the purchase price. The customer reserves the right to prove that no or less damage has been incurred. We also reserve the right to provide evidence of higher damages.

7. reservation of title

7.1 In the case of contracts with consumers, we reserve title to the object of purchase until the purchase price has been paid in full.

7.2 If the customer is an entrepreneur, we reserve title to the delivered goods until all claims arising from the current business relationship have been settled in full. This shall also apply if individual claims have already been settled as long as there are still outstanding claims. As long as ownership has not yet been transferred, the customer is obliged to treat the goods with care and to inform us immediately in writing if third parties seize the goods (e.g. seizures).

7.3 As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

7.4 If the customer is an entrepreneur, he hereby assigns to us as security the claims against his customers arising from the aforementioned transactions in the event of resale/rental of the reserved goods until all our claims have been satisfied. If the goods subject to retention of title are processed, transformed or combined with another item, we shall directly acquire ownership of the manufactured item, which in turn shall then be deemed to be goods subject to retention of title.

7.5 If the value of the security exceeds our claims against the customer by more than 20%, we shall, at the request of the customer and at our discretion, release securities to which we are entitled to a corresponding extent.

8 Warranty for material defects and guarantee

8.1 The warranty is governed by statutory provisions.

8.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.

9. right of return

Please refer to our cancellation policy for your right of return.

10 Liability and defects

10.1 If the customer is a consumer, we shall be liable in the event of a defect in accordance with the statutory provisions.

10.2 If the customer is an entrepreneur, the warranty period for new goods is one year, the warranty period for used goods is 6 months. The assertion of warranty rights presupposes that the entrepreneur has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).

10.3 Should defects occur in the goods, the customer has the right during the statutory warranty period to initially demand subsequent performance free of charge. Subsequent performance shall be effected at the discretion of the seller by repair or replacement delivery. If the supplementary performance fails twice or is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract in accordance with the statutory provisions. Withdrawal is excluded if the defect is only minor and the goods can still be used in accordance with the contract. If the customer is an entrepreneur, we reserve the right to determine the type of supplementary performance (rectification or replacement delivery) ourselves

10.4 We organize and pay for the return transport of defective goods for consumers within the EU within the warranty period. Please notify us at [email protected]. We reserve the right to have the defect rectified by a service partner of the manufacturer or Audiosteps Commerce KG in the event of a warranty claim.

10.5 Information about the repair time is generally non-binding. During the repair period, there is no entitlement to loan devices or replacements.

10.6 The usual and product-typical wear and tear of wearing parts such as strings, lamps, spotlights, LEDs, sticks, rechargeable batteries and batteries, pots, faders, diodes, pitch benders, keyboards, switches, tubes (also built-in), reeds, melodicas, accordions etc. are not covered by the warranty.

10.7 If the customer has asserted a warranty claim against us and it turns out that either there is no defect or the asserted defect is due to a circumstance that does not oblige us to provide a warranty, the customer shall reimburse us for all costs incurred as a result, provided that he is responsible for our claim. This shall not apply if the customer is a consumer.

10.8 An exchange or replacement delivery during the statutory warranty period shall not lead to a recommencement of the limitation period, unless there is a legally recognized exception (e.g. fraudulent concealment of a defect or an expressly agreed new delivery within the meaning of § 212 BGB).

11 Liability for damages

11.1 Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to damages resulting from injury to life, body or health of the customer. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (so-called cardinal obligations) and liability for damages caused by delay (§ 286 BGB) shall remain unaffected by this limitation, as shall the provisions of the Product Liability Act.

11.2 The aforementioned exclusion or limitation of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.

11.3 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

12. storage of the contract text

12.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

12.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.

13 Audiosteps 3-year guarantee

We, Audiosteps Commerce KG, Blasewitzer Str. 41 in 01307 Dresden (guarantor), grant all consumers the following unlimited guarantee on new goods sold by us:

The original purchaser, i.e. the person who purchased the goods directly from us (warranty holder), has the right to repair the defective goods, delivery of defect-free replacement goods or repayment of the purchase price (warranty claim) in the event of a defect in the object of purchase occurring after the transfer of risk, which is not attributable to the fault of the purchaser or a third party after the transfer of risk, whereby the choice between these three rights lies with us as the guarantor. The warranty claim can only be asserted by the warranty holder within 3 years of the statutory transfer of risk by presenting the defective item to us. The costs of return shipment shall be borne by the warranty holder.

Excluded from the warranty are
– products from the company Apple Computer,
– other computers and computer articles
– products that are subject to wear and tear, in particular strings, skins, lamps, headlight LEDs, sticks, cymbals, rechargeable batteries/batteries, Cables, bags, cases, straps, pots, faders, picks, laser diodes, pitch benders, keyboards, switches and buttons, all tubes (including built-in tubes), reeds of harmonicas, melodicas and accordions,
– Service spare parts, i.e. spare parts that the consumer can buy in the store.i.e. spare parts that the consumer purchases from us as part of the repair or maintenance of a product,
– sheet music, books and software.

The customer shall bear the costs of the return shipment, unless the warranty claim is justified.

14. statute of limitations

14.1 The regular limitation period is three years in accordance with § 195 BGB. This period also applies to the validity period of vouchers and credit notes.

14.2 With regard to the start of the limitation period, § 199 BGB applies.

14.3 Warranty claims against our suppliers shall lapse after 3 years in deviation from the statutory provisions.

15. final provisions

15.1 The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

15.2 The contractual language is German.

Status: 01.03.2025