General Terms and Conditions of Audiosteps Commerce KG with Customer Information
1. scope of application
1.1 For the business relationship between Audiosteps Commerce KG, Blasewitzer Str. 41 – 01307 Dresden (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) the following General Terms and Conditions shall apply exclusively 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 under the telephone number +49 (0)351 – 217 88840 and by e-mail at [email protected].
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not 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. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee. All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions excepted.
3. order 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 by clicking the button [Add to cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the [Checkout] button. 3.2.
3.2 By clicking on the button [Order with payment obligation], 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 browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the order. The purchase contract is only concluded when the seller has shipped the ordered product to the customer, handed it over or confirmed the shipment to the customer with a second e-mail, explicit order confirmation or sending the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory sales tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5 Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 Delivery within Germany costs 3.90 Euro per order. From an order value of 75,00 Euro we ship free of charge within Germany. The delivery of goods outside Germany is carried out at the conditions shown on the shipping page.
5.2 For deliveries to Switzerland and other countries that are not members of the EU, additional customs duties and fees apply.
5.3 On request we deliver by DHL Express. In this case, we charge the customer for any additional costs incurred.
5.4 If, due to the total volume or weight of the ordered goods, a delivery by forwarding agent is necessary, this will be carried out free kerbside.
5.5 If the customer is an entrepreneur, the delivery shall be made at the customer’s risk. This also applies to partial deliveries. If the customer is a consumer in the sense of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the customer until the goods are handed over to the customer. The handover shall be the same if the customer is in default of acceptance.
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 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 acceptance by the customer or his representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant in the sense of the HGB, has to ask the transport company for a written confirmation of ascertainable transport and packaging damages at the acceptance of the goods and has to report this to Audiosteps Commerce KG. Customers, who are consumers, we ask legally non-binding to report us obviously recognizable transport damages as well.
5.9 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.10. Customers will be 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 within the framework of and before the completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention as far as the claims result from the same contractual relationship.
6.7 Audiosteps Commerce KG is entitled to refuse further fulfillment of the contract after a grace period of two weeks and to claim 25% of the purchase price as liquidated damages if the customer is in default and / or refuses to accept the ordered goods and / or the cancellation of the contract is declared unilaterally. The assertion of a higher damage remains reserved.
7. retention of title
7.1 In the case of contracts with consumers, we retain title to the object of purchase until the purchase price has been paid in full.
7.2 If the customer is an entrepreneur, we retain title to the goods until all claims against the customer have been settled, provided that the specific goods have already been paid for.
7.3 As long as the ownership has not yet been transferred, the customer has to inform us immediately in writing if the delivered item is seized or exposed to other interventions of third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.
7.4 If the customer is an entrepreneur, he hereby assigns to us by way of security all claims against his customers arising from the aforementioned transactions in the event of resale/rental of the goods subject to retention of title until all our claims have been satisfied. In the event of processing of the goods subject to retention of title, their transformation or their combination with another item, we shall acquire direct ownership of the manufactured item, which shall then in turn 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 customer’s request and at our discretion, release securities to which we are entitled to the corresponding extent.
8 Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.2 The goods delivered by the Seller shall be subject to a warranty only if such warranty has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9. right of return
9.1 We offer a 14-day right of withdrawal for distance contracts.
9.2 Excluded are products from our category studio furniture. Here, a 14-day right of withdrawal exists expressly only for goods in their original packaging.
9.3 In case of distance selling the customer is obliged to use a return slip of our shipping service DHL for the return. The customer shall bear the costs of the return shipment in the amount of 6.00 EUR, unless otherwise agreed upon.
9.4 Excluded from extended return rights are all wear items such as pickups, tubes, lamps, sticks, strings, skins, cables, unsealed or opened, formerly original packaged software, digital content, sheet music and books, all products of the Fa. Apple Computer, goods configured on customer request, yard goods, other custom-made products, non-stock goods, and all products that cannot be resold for hygienic reasons, such as headphones, vocal microphones, harmonicas, pop and wind protectors, wind instruments, mouthpieces, etc. Also excluded are all products where software included in the delivery has been registered.
10 Liability and defects
10.1 If the customer is a consumer, we shall be liable in accordance with the statutory provisions in the event of a defect.
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 shall be subject to the condition that the entrepreneur has duly complied with his obligations to examine the goods and to give notice of defects in accordance with § 377 HGB (German Commercial Code).
10.3 In the event of defects, the customer may initially demand rectification free of charge during the warranty period. If the subsequent performance fails conclusively, the customer may reduce the purchase price or withdraw from the contract. The right of withdrawal is excluded if the defect is insignificant. If the customer is an entrepreneur, we reserve the right to choose the type of subsequent performance in the event of a defect.
10.4 We organize and pay for consumers within the EU the return transport of defective goods within the warranty period. Please inform us at [email protected]. We reserve the right to have the defect repaired 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 time there is no right to loan devices or replacement.
10.6 The usual and product-typical wear of wearing parts such as strings, illuminants, spotlights, LEDs, sticks, accumulators and batteries, potentiometers, faders, diodes, pitch benders, keyboards, switches, tubes (also built-in), reeds, melodicas, accordions etc. are not subject to the warranty.
10.7 If the customer has made a claim against us for warranty and it turns out that either there is no defect or the claimed defect is based on a circumstance that does not obligate us to provide a warranty, the customer shall reimburse us for all costs incurred as a result, provided that the customer is responsible for our claim. This shall not apply if the customer is a consumer.
10.8 Even if the goods are replaced by us during the warranty period, the limitation period shall not start anew in this case either. Rather, all claims shall end two years after acceptance of the initially (defective) goods delivered.
11 Liability for damages
11.1 Our liability for breaches of contractual obligations and for tort shall be limited to intent and gross negligence. This shall 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 fulfillment the customer may regularly rely (so-called cardinal obligations) and liability for damages caused by delay (§ 286 BGB) shall remain unaffected by this limitation.The provisions of the Product Liability Act shall remain unaffected.
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 to the personal liability for damages of our employees, representatives and vicarious agents.
12 Storage of the text of the contract
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 process.
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 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 your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
13 Audiosteps Commerce 3-Year Warranty
We, Audiosteps Commerce KG, Blasewitzer Str. 41 in 01307 Dresden (guarantor), grant all consumers the following geographically unlimited warranty on new goods sold by us:
The first purchaser, i.e. the person who bought the goods directly from us (warranty holder), has the right to repair of the defective goods, delivery of a defect-free replacement or repayment of the purchase price (warranty claim) in case of a defect of the purchased item occurring after the transfer of risk, which is not due to a 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 calculated from the legal transfer of risk to us by presenting the defective item to us. The costs of the outward and return shipment shall be borne by the warranty claimant.
Excluded from the warranty are
– Products of the company Apple Computer,
– other computers and computer articles
– Products that are subject to wear and tear due to use or other reasons, namely in particular strings, skins, illuminants, spotlight LEDs, sticks, cymbals, accumulators/batteries, cables, bags, cases, straps, pots, faders, picks, laser diodes, pitch benders, keyboards, switches and keys, all tubes (also built-in), reeds of harmonicas, melodicas and accordions,
– Service spare parts, i.e. spare parts purchased from us by the consumer in the course of repair or maintenance of a product,
– sheet music, books and software.
In addition to the claims arising from the above warranty, the buyer has the statutory warranty claims, which are not limited by the warranty.
14 Statute of Limitations
14.1 The regular period of limitation is three years according to § 195 BGB. This period shall also apply to the period of validity of vouchers and credit notes.
14.2 With regard to the beginning of the limitation period, § 199 BGB shall apply.
14.3 Warranty claims against our suppliers shall become statute-barred after 3 years, notwithstanding the statutory provisions.
For dealers who are not obliged and not willing to participate in a dispute resolution procedure:
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.
15. final provisions
15.1 The place of jurisdiction and performance shall be 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 language of the contract shall be German.
15.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Last updated: 21.10.2021
