General Terms And Conditions

Terms And Conditions


Terms And Conditions


General terms and conditions (GTC) for purchases in the Audiolith.net webshop

                    Contents overview

                    1. Contractual partner, validity, use as a guest, registration as a user

                    2. Offers, orders and contract conclusion / withdrawal / no storage of the contract text

                    3. Prices

                    4. Payment

                    5. Retention of Title

                    6. Shipping costs

                    7. Delivery / download

                    8. Consumer's right of withdrawal, cancellation policy, sample form

                    9. Warranty, Limitation of Liability, Availability

                    10. Voucher

                    11. Data protection

                    12. Choice of law, place of jurisdiction

                    13. Information on alternative dispute resolution

                    14. Severability Clause

                    15. TRANSLATION

1. Contractual partner, validity, use as a guest, registration as a user
1.1 Contractual partner is Audiolith International GmbH (managing directors Artur Schock, Molly Christiane Mönch), Holstenkamp 42, D-22525 Hamburg (HRB district court Hamburg, number: HRB 116643, VAT ID number DE275110761) (imprint).
1.2 Our General Terms and Conditions (GTC) are part of the contract and apply to all, including future transactions, deliveries and services with you. You accept the GTC in their entirety in the version valid at the time of the conclusion of the transaction. Any regulations that deviate from these terms and conditions, in particular your general terms and conditions, are hereby contradicted. These terms and conditions are available at any time on our website Audiolith.net.
1.3 The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising a commercial or independent professional activity.
1.4 You can use our webshop either as a guest or as a registered customer, whereby the purchase of MP3 downloads and vouchers is only possible as a registered user. There is no entitlement to use.
• When using it as a guest, you have to temporarily store the data necessary for the purchase and shipping process. The required data must be submitted completely and truthfully. Once processed, the data will be deleted.
                    • Registered user:
Registration in our webshop is free of charge by electronically filling in the registration form available on our website (https://shop.audiolith.net/registrieren.php) and sending it to us electronically. The data required for registration must be submitted completely and truthfully. After registering, you can log into your account. The registration takes place by entering your username and entering a password. However, the username must not violate the rights of third parties or any other name or trademark rights or morality. You are obliged to keep your password secret. You can change or delete your details at any time under "My Account". You are solely responsible for updating your data.
1.5 The language available for the conclusion of the contract is exclusively German. Any translations of these terms and conditions into other languages ​​are for your information only. In the event of any differences between the language versions, the German text has priority.

2. Offers, orders and contract conclusion / withdrawal / no storage of the contract text
2.1 All of our offers are always subject to change and non-binding. You can select products from our range and collect them in a so-called shopping cart using the "Add to cart" button. To complete your purchase, click on "Show shopping cart". You start the payment process by pressing the "Checkout" button. You must now first choose whether you want to check out as a registered user or as a guest. To do this, you need to log into your customer account, fill out the registration form or provide your buyer information. The purchase of MP3 downloads is only possible as a registered user. Then select the shipping method and payment method. Finally, by clicking the “Order with obligation to pay” button, you submit a binding application to purchase the goods in the shopping cart. Before submitting the order, you can change and view the data at any time. However, the application can only be submitted and transmitted if you accept these contractual terms and conditions by clicking the checkbox "Terms and Conditions and our cancellation policy" and these are thereby included in your application. We will then send you an automatic confirmation of receipt by email, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt only documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we submit a declaration of acceptance. This declaration is made within five days either by sending a separate e-mail or by shipping the ordered goods. Otherwise no sales contract will be concluded. No sales contract is concluded for products from one and the same order that cannot be sent to you or that are not listed in the declaration of acceptance.

2.2 However, we are released from our obligation to perform under the purchase contract with you and can withdraw from the contract if we are not supplied with the goods in question through no fault of our own and not only temporarily, although we have placed an identical order with a reliable supplier. In this case we will inform you immediately about the unavailability of the ordered goods and immediately refund the purchase price you have paid.
2.3 You can only order from us if you are of legal age.
2.4 The minimum order value is EUR 5.
2.5 Subsidiary agreements are only effective if they are confirmed in writing.
2.6 We expressly reserve the right to change prices, technical changes, errors, misprints or prior sale.
2.7 We will not save the text of the contract after the contract has been concluded. However, after the contract has been concluded, we will send you an order confirmation by e-mail in which the essential data for the order placed, the text of the contract of the terms and conditions and the sample cancellation form are listed again. You have the option of printing out your order with the data you entered during the ordering process.
3. Prices



In our web shop, the prices are shown in EURO including the statutory value added tax without cash discount or other reductions. The respective prices at the time of the order apply. Any customary import sales taxes etc. are to be borne by you. Please inform yourself before placing an order with the responsible office.

4. Payment
4.1 The purchase price including all costs is due upon conclusion of the contract, payments are to be made strictly net without discounts or other deductions, unless another mode of payment is expressly agreed in writing.
4.2 If the due date of the payment is determined according to the calendar, you are already in default by missing the date. In the event of default, we are entitled to claim default interest from you as a consumer in the amount of 5 percentage points or from you as a merchant in the amount of 9 percentage points above the base rate p.a. announced by the European Central Bank. Any further claims for damages remain unaffected.
 
4.3 Payment options:
Payment in advance:
Before completing your order, select "advanced payment" as the payment method. You then transfer the relevant purchase amount to our specified account. The delivery of the ordered goods takes place after receipt of payment. When purchasing MP3 downloads, the downloads will only be activated after the payment has been booked.


Our bank details:
Audiolith International GmbH
GLS Community Bank eG
IBAN: DE60 4306 0967 2043 1895 02
BIC / SWIFT: GENODEM1GLS
Important: When making your transfer, please state your order number as the intended purpose so that we can assign the incoming payment to your order. (e.g. order: 10135)

PayPal:
Before completing your order, select "PayPal" as the payment method. Please follow the further instructions in our webshop or from "PayPal". Before finalizing your order, you will be asked by "PayPal" in a separate window to initiate the payment. Once this payment process has been completed with "PayPal", you will complete the actual order process. As soon as "PayPal" reports the receipt of payment, we will deliver your order to you or, if you have purchased MP3 downloads, we will inform you by email that your downloads are available under My Account / Your Downloads.
You can find “PayPal” at: https://www.PayPal.com/
In addition, the respective general terms and conditions of “PayPal” apply to the payment option “PayPal” (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full), to which reference is hereby made.

Instant banking:
Before completing your order, select "Sofort-Überweisung" as the payment method. This is a service operated by Klarna GmbH, Theresienhöhe 12 80339 Munich. In principle, you can use instant transfer as a payment method if you have an activated online banking account with a PIN / TAN procedure. However, the instant transfer service is not yet available at a few banks. If you opt for the "instant transfer", we will receive the transfer credit immediately, which speeds up the order processing. You will need to provide your account number, bank code, PIN and TAN. Via the secure payment form from Payment Network AG, www.sofortueberweisung.de automatically and in real time places a transfer in your online bank account. PIN and TAN are neither saved by us, nor by Payment Network AG as the provider of the instant transfer, but instead forwarded from the transfer form to the bank via encrypted connections. The purchase amount is immediately and immediately transferred to our bank account. This service is free for you as a customer, only the fees (transfer fee) of your house bank may apply. The delivery takes place after crediting our account. If you have purchased MP3 downloads, you will be informed by email that your downloads are available under My Account / Your Downloads. The transfer with Sofortüberweisung is transmitted via an SSL-encrypted connection.
You can find more information about "Sofort-Überweisung" at: ”https://www.klarna.com/sofort/"
In addition, the respective general terms and conditions of “Klarna GmbH” (https://www.klarna.com/sofort/agb/) apply to the payment option “immediate transfer”, to which reference is hereby made.





Cash payment:
Before completing your order, select "Cash payment" as the payment method. This payment method is only offered in combination with the shipping method self-collection. When you pick it up, you can simply pay for the order in cash and take it with you. The payment method is not available when purchasing MP3 downloads.
5. Retention of Title
Every delivery is made subject to retention of title. Ownership is only transferred to you when the goods have been paid for in full. Up to this point in time, the goods may not be resold, pledged, assigned as security or encumbered with other rights.
6. Shipping costs
6.1 In addition to the value of the goods, the shipping costs shown when the order is placed must be paid.
 
6.2 The shipping costs - sorted by destination - can be found here:
(https://shop.audiolith.net/Versandinformationen).
 
6.3 We bear the shipping risk if you are a consumer.
6.4 From an order value of 75, - EUR (incl. VAT) we deliver to you free of charge within Germany.

7. Delivery
7.1 You can choose between different "shipping methods" when placing an order. If you have agreed to collect the product yourself and the product is in stock, you can order it from Monday to Thursday from 11.00 a.m. to 5.00 p.m. and Friday from 11.00 a.m. to 3.00 p.m. or by appointment by telephone (+49 (0) 40-609 4613 31) Pick up Audiolith International GmbH, Holstenkamp 42 (right entrance), 22525 Hamburg.
Unless otherwise agreed and the product is in stock, delivery will be made from our warehouse to the delivery address you have specified, provided that a delivery has been selected. Deliveries are usually made within 1-3 working days after receipt of payment.
 
7.2 If the goods specified by you in the order or part of them are temporarily unavailable, we will also inform you of this immediately in the order confirmation. The same applies if a product or part of it is no longer available. If we are unable to deliver the ordered goods through no fault of our own because our suppliers do not meet their obligations, we are entitled to terminate the contract with you. Your statutory rights remain unaffected.
 
7.3 If a delivery to you is not possible for reasons within your control, you will bear the additional costs for the renewed delivery.
7.4 The risk of accidental loss and damage is transferred to you when the product is handed over.
 
7.5 If you have purchased MP3s from us, these are initially available for a limited time in the “My Account” area under “Your Downloads” up to three times. If you want a download after the deadline, please contact our staff at download@audiolith.net.

8. Consumer's right of withdrawal, cancellation policy
As a consumer, you have a right of withdrawal in accordance with the instructions given below.
8.1. Right of withdrawal:
 
Right of withdrawal:
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, receives the goods
has taken possession of.
In order to exercise your right of withdrawal, you have to contact us
Audiolith International GmbH
Holstenkamp 42 (right)
D-22525 Hamburg
TEL .: +49 (0) 40 - 609 4613 31
EMAIL: shop@audiolith.net
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can download the sample cancellation form on our website using this link (https://shop.audiolith.net/media/info/Widerrufsformular.pdf). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have received all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest to be repaid within fourteen (14) days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have the goods to us immediately and in any case no later than fourteen (14) days from the day on which you informed us of the cancellation of this contract
Audiolith International GmbH
Returns/Shipping
Holstenkamp 42 (right)
D-22525 Hamburg
to send back. The deadline is met if you send the goods before the period of fourteen (14) days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation

8.2 Exclusion or premature expiry of the right of withdrawal. There is no right of withdrawal:

for goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

  • in the case of deliveries of sound or video recordings (e.g. CD, music or video cassettes) or of computer software in sealed packaging, if the seal has been removed after delivery;
  • for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
  • In the case of contracts for the provision of services in connection with leisure activities on a specific date or period (e.g. tickets for concerts and similar events)
  • In the case of contracts for the delivery of digital content that is not on a physical data carrier, if we have started to execute the contract after you, as a consumer, have expressly agreed that we will start executing the contract before the withdrawal period has expired and you are aware of this have confirmed that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.

9. Warranty, Limitation of Liability, Availability

9.1 If the goods purchased and delivered in our online shop are defective, you as a consumer are entitled, within the framework of the statutory provisions, to request supplementary performance, to withdraw from the contract or to reduce the purchase price. As a businessman, you are entitled, within the framework of the statutory provisions, to request supplementary performance in the form of the removal of defects or the delivery of a defect-free item. We have the right to choose the type of supplementary performance. If the subsequent performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. The prerequisite for any warranty rights is that you properly fulfill all inspection and complaint obligations owed under Section 377 of the German Commercial Code (HGB).

9.2 Regarding the following limitation of liability applies to any textile and printed products: Any slight color deviations between images and the delivered goods are due to technical reasons and do not represent a defect. In the case of textile products, no liability is assumed for defects that can be traced back to a violation of the care instructions. Textiles must be washed and dried according to the care instructions before wearing.

9.3 Unless otherwise agreed, the statutory warranty period of 24 months from delivery applies to defects. For notices of defects by merchants, the warranty obligation for goods delivered by us - except in the case of claims for damages - is 12 months. Claims due to defects that we have fraudulently concealed are statute-barred within the regular limitation period.

9.4 We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer can regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. The same applies to breaches of duty by our vicarious agents. The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

 

9.5 We are also not liable for the constant and uninterrupted availability of our web shop. The above restrictions also apply in favor of our legal representatives and vicarious agents, insofar as claims are asserted directly against them.

10. Voucher

If you purchase a voucher from us, the following applies:

 

10.1 A prerequisite for each voucher redemption / order is an active customer account with us. We will send the voucher code electronically to the specified email address.

 

10.2 The voucher can be redeemed once by entering the voucher code and for the amount shown. We will redeem the voucher for whoever enters the voucher code for the first time. Payouts or refunds will not take place outside of a possible revocation. Remaining amounts will be credited.

 

10.3 The voucher is transferable, but we are not liable for the loss of the voucher code after receipt of the voucher code by you or by the person whose e-mail address was given when the order was placed.

 

10.4 The voucher is valid for three years from the date of issue. Any remaining amounts credited will be offset against further orders within this period and will only expire after the aforementioned period has expired.

11. Data protection

When handling your personal data, we adhere to all applicable data protection regulations, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and other applicable data protection regulations. We are entitled to process and use all data relating to the business relationship with you in compliance with these laws. Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the data protection declaration (https://shop.audiolith.net/Datenschutz).

12. Choice of law / place of jurisdiction

12.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention, if

(a) you have your habitual residence in Germany, or

(b) Your habitual residence is in a country that is not a member of the European Union.

 

12.2 In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby the mandatory provisions of the state in which you have your habitual residence remain unaffected.

12.3 If you had your domicile or habitual abode in Germany when the contract was concluded and either moved from Germany at the time we filed the action or your domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the headquarters of our company in Hamburg.

13. Information on alternative dispute resolution

EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/

. However, we are neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.

14. Severability Clause

Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.

15. TRANSLATION

These Terms and Condition are originally written in the German language, this English version is a computer generated version. If there is any conflict or inconsistency between the English version and the German version, the German shall be the governing and prevailing version.

Status: December 2020

© Audiolith International GmbH