General terms and conditions of business
with customer information from Premium-Hifi
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for repair services
9. Applicable law
10. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Thomas Schröder, trading under "Premium-Hifi Inhaber Thomas Schröder e. K." (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for repair services
9. Applicable law
10. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Thomas Schröder, trading under "Premium-Hifi Inhaber Thomas Schröder e. K." (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit an offer to the seller by telephone, email, or via the online contact form.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit an offer to the seller by telephone, email, or via the online contact form.
2.3 The seller may accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
2.4 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the Seller's order processing is decisive for the processing of the transaction.
5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the Seller's order processing is decisive for the processing of the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he
was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the terms and conditions set out in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.
the regulation adopted in this regard.
was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the terms and conditions set out in the seller's cancellation policy apply if the customer effectively exercises his right of withdrawal.
the regulation adopted in this regard.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.2 Notwithstanding the foregoing, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply - to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness, - to claims for damages and reimbursement of expenses by the customer, and - in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8) Special conditions for repair services
If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:
8.1 Repair services shall be provided at the Seller’s registered office.
8.2 The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:
8.1 Repair services shall be provided at the Seller’s registered office.
8.2 The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
8.3 The Customer must provide the Seller with all information necessary for the repair of the item, unless the provision of such information falls within the Seller's scope of obligations under the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may have caused the identified defect.
8.4 Unless otherwise agreed, the Customer must ship the item to be repaired to the Seller's headquarters at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The Seller will immediately inform the Customer of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.
8.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
8.6 The customer may also transport the item to be repaired to the seller's premises and pick it up again from the seller if this is stipulated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the assumption of costs and risks for shipping and return of the item shall apply accordingly.
8.7 The above provisions do not limit the Customer’s statutory rights in the event of a purchase of goods from the Seller.
8.8 The Seller shall be liable for defects in the repair work provided in accordance with the statutory liability for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
8.4 Unless otherwise agreed, the Customer must ship the item to be repaired to the Seller's headquarters at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The Seller will immediately inform the Customer of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.
8.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
8.6 The customer may also transport the item to be repaired to the seller's premises and pick it up again from the seller if this is stipulated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the assumption of costs and risks for shipping and return of the item shall apply accordingly.
8.7 The above provisions do not limit the Customer’s statutory rights in the event of a purchase of goods from the Seller.
8.8 The Seller shall be liable for defects in the repair work provided in accordance with the statutory liability for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is generally willing to do so.
Copyright © 2021, IT Law Firm · Alter Messeplatz 2 · 80339 Munich
Tel: 49 (0)89 / 130 1433 - 0 · Fax: 49 (0)89 / 130 1433 - 60
Copyright © 2021, IT Law Firm · Alter Messeplatz 2 · 80339 Munich
Tel: 49 (0)89 / 130 1433 - 0 · Fax: 49 (0)89 / 130 1433 - 60
