Terms and Conditions

  

May 2018

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.

With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with HEADSOUND audio GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.

3. Contract language, contract text storage

The languages ​​available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.

4. Terms of delivery

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.

We only deliver in transit. Unfortunately, a self collection of the product is not possible.

5. Payment

In our shop you can always use the following payment methods:

Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.

Credit card
By submitting the order, you also transmit your credit card data to us at the same time.
Following your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.

PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.

PayPal Plus
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.

If you have chosen the payment method PayPal, you must be registered there to be able to pay the invoice amount or register first and legitimize with your access data. The payment transaction will be automatically executed by PayPal immediately after the payment order has been confirmed. You'll get more information during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal and your card will be charged immediately upon confirmation of the money order and after your legitimacy as the legitimate cardholder. You'll get more information during the ordering process.

If you have selected the method of payment direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. By confirming the money order you give PayPal a direct debit mandate. You will be informed about the date of the account debit by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.

If you have selected the payment method Invoice, you do not have to be registered with PayPal in order to pay the invoice amount. After successful address and credit check and delivery of the order, we withdraw our claim to PayPal. In this case you can only pay to PayPal with debt-discharging effect. For the payment via PayPal apply - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal. For more information and the complete terms and conditions of PayPal to purchase the invoice can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, you must have an online banking account with PIN / TAN procedure activated to participate in Sofort, have yourself legitimized and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be immediately executed immediately and your account debited.

Amazon Pay
In the ordering process you will be redirected to the website of the online provider Amazon before the end of the order process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method stored on Amazon, confirm the use of your data by Amazon and the payment order to us. Afterwards you will be redirected to our online shop, where you can complete the order process.
Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction will be performed automatically by Amazon. You'll get more information during the ordering process.

6. Retention of title

The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.

7. Transport damage

For consumers:
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.

For entrepreneurs:
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • in violation of life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed
  • as far as the scope of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

  • injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • with guarantee promise, as far as agreed, or
  • as far as the scope of the Product Liability Act is opened.

In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.

10. Code of Conduct

We have submitted to the following codes of conduct:
Trusted Shops Qualitätskriterienhttp: //www.trustedshops.de/shopbetreiber/qualitaetskriterien.html

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

12. Final provisions

If you are an entrepreneur, then German law applies excluding the UN sales law.

Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


 

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must (HEADSOUND audio, Traubeneichenstr. 62-66, 16567 Schönfließ (Mühlenbecker Land), Germany; info@headsound.de) by means of a clear statement (eg, a letter sent by mail, fax or e-mail) on Inform your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website http://www.headsound.de/Muster-Widerrufsformular. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have the goods immediately and in any event not later than fourteen days from the day you inform us of the cancellation of this contract to HEADSOUND audio; Traubeneichenstr. 62-66; 16567 Schönfließ (Mühlenbecker Land); Germany to be returned or handed over. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
  • Contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.

special instructions

If you finance this contract through a loan and later revoke it, you are no longer bound by the loan agreement, provided that both contracts form an economic unit. This is especially true if we are your lender or if your lender uses it to fund our participation. If the loan has already been received by us upon the revocation taking effect, your lender will act in relation to you in respect of the legal consequences of the revocation or return in our rights and obligations under the contract financed. The latter does not apply if the present contract relates to the acquisition of financial instruments (such as securities, foreign exchange or derivatives). If you want to avoid a contractual commitment as much as possible, you make use of your right of withdrawal and also revoke the loan agreement, if you also have a right of withdrawal.

battery legislation

Since our programs batteries and accumulators can be included, we are after the Battery Act (BattG) obliged to draw your attention to the following: Batteries and accumulators should not be disposed of with household waste but you are legally obliged to return used batteries. Batteries can contain contaminants that could harm the environment or your health if improperly stored or disposed of . Batteries also contain important raw materials such as Iron, zinc , manganese or nickel and can be recycled. You can either use the batteries to be returned to us, or in close proximity (eg, retail or community collection or delivery to our warehouse) is returned free of charge.

The levy is limited to points of sale to end-users for the usual quantities and those batteries, which the distributor as new batteries in his range or has done.
durchgekreuzte MülltonneWEEE-Tonne_mit_Balken.jpg

The sign and the crossed out wheeled bin means that you must not dispose of batteries with household waste. Under this sign you will also find the following symbols have the following meanings:

Pb : battery contains lead
Cd: battery contains cadmium
Hg : battery contains mercury

HEADSOUND audio