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www.soundflat.de - Allgemeine Geschäftsbedingungen 


General Terms and Conditions

Contents:

1. Contractual Party / Validity
2. Offers and Conclusion of Contract
3. Prices
4. Payment / Set-off / Lien
5. Reservation of Ownership
6. Shipping costs
7. Delivery
8. Right of Revocation (Revocation Instruction / Exclusion of Revocation)
9. Warranty - Limitation of Liability
10. Disposal of Transport Packaging
11. Privacy Policy
12. Severability Clause
13. Place of Jurisdiction


General Terms and Conditions for purchases in the Soundflat Mailorder online shop


1. Contractual Party / Validity


1.1 Contractual party of customer is Soundflat Mailorder, Lutz Raeuber, Alter Markt 49, 41061 Moenchengladbach
(hereinafter „Soundflat Mailorder“)

1.2 These General Terms and Conditions apply to all business relations between customer and Soundflat Mailorder, i.e all business, delivery and services of Soundflat Mailorder to customer The General Terms and Conditions are fully accepted by customer in the relevant version at the time of the respective business transaction. Any regulation differing from these conditions especially possible terms of business of the customer are herewith objected to. These General Terms and Conditions are available at anytime on the website of Soundflat Mailorder.


2. Offers, Orders and Conclusion of Contract

2.1 All offers of Soundflat Mailorder are subject to change and are non-binding. The customers order constitutes a binding offer to Soundflat Mailorder, which Soundflat Mailorder accepts with the shipment of the order or with a written confirmation of the order. No purchase contract is concluded with regard to products of one and the same order which can not shipped to the customer or which are not listed in the shipping notice. The range of products in the shop are only for adults. Minors can therefore not make purchases.

2.2 Additional agreements are only effective if these have been confirmed in writing.

2.3 Soundflat Mailorder explicitly reserves the right of price alterations, technical modifications, errors, misprints or prior sale.


3. Prices

The prices in the Soundflat Mailorder web shop are understood to be EURO including value added tax if the value added tax is not explicitly shown in individual cases. The respective prices are valid at the time of order. Possible customary import turnover tax is to be borne by the customer.


4. Payment / Set-off / Lien

4.1 The purchase price including all costs are due after receipt of invoice, the payments are to be made net without discount or any other deductions as far as no other method of payment has been agreed to in writing..

4.2 If the customer is in default of payment, Soundflat Mailorder shall be entitled to charge default interest at a rate of 5 % per year over the base lending rate of the European Central Bank. Any damages in excess thereof shall remain unaffected.

4.3 Methods of Payment:

- by paypal

- by direct debit: The customer specifies its bank account details when ordering and authorises Soundflat Mailorder to debit the corresponding amount from his bank account before delivery. The bank account details will be treat confidentially and will not be passed on to a third party.

- by advance payment: After receipt of the customer order, the customer will be sent the bank account details by email and the customer has to transfer the invoiced amount. After receipt of payment the order will be shipped according to the regulations of these General Terms and Conditions.

4.4 The customer may only set-off claims against Soundflat Mailorder if the counterclaim is uncontested or a final judgement has been given. Furthermore, the customer is only authorised to exercise a lien if its counterclaim is based on the same contractual relationship.


5. Reservation of Ownership

Every delivery is made subject to reservation of ownership, only when the goods are fully paid the property passes on to the customer. Until this point in time the goods may not be seized, assigned as a security or encumbered with any other rights.


6. Shipping costs

6.1 In addition to the value of the goods the shipping costs shown when completing an order are to be paid.

6.2 Soundflat Mailorder explicitly reserves the right if necessary and as a consequence of the peculiarity of an order (especially e.g. when delivering to a non-European country; orders of a large quantity), after consulting the customer to charge higher shipping costs. If the customer does not agree to an adjustment of the shipping costs the customer has the possibility to cancel the order. Any consideration which has already been made will be reimbursed immediately.


7. Delivery

7.1 If not agreed otherwise and the goods are on stock the delivery is made ex-stock to the delivery address given by the customer. Statements about the delivery date are non-binding, unless as an exception a delivery date has been guaranteed.

7.2 Should Soundflat Mailorder in the event of a conclusion of contract not be in a position to deliver the ordered goods through no fault of its own, Soundflat Mailorder is entitled to withdraw from the contract. In this case the customer will be informed immediately that the ordered goods are not available. Any consideration which has already been made will be reimbursed immediately.

7.3 If a delivery to the customer is not possible for reasons which lie with the customer, the customer bears the costs for an unsuccessful delivery.

7.4 The delivery is made at the risk of the customer.

8. Right of Revocation

8.1 Revocation Instruction:

Right to cancel
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Soundflat Mailorder, Lutz Raeuber, Alter Markt 49, 41061 Moenchengladbach, Germany, via e-mail: order@soundflat.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to

Soundflat Mailorder
Lutz Raeuber
Alter Markt 49
41061 Moenchengladbach
Germany

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8.2 Legal Consequences of Revocation :

In the event of a valid revocation any services or products received, and any profit derived there from (e.g. interest) shall be returned. In the event that you are unable to return the services or products received in their entirety, or at all or where you can only return them in a deteriorated state, you will then be liable to pay compensation to Soundflat Mailorder accordingly. This does not apply with respect to surrendered goods if the deterioration is solely due to the inspection thereof, in a manner similar to inspecting a product personally in a retail store.

You may avoid the obligation for value replacement, if you do not take possession of the item as if you were the owner and if you refrain from doing anything which might have an effect on the value of the item.

Items which can be sent as parcels are to be returned at risk and expense of Soundflat Mailorder. Items which cannot be sent as parcels will be picked up at your address. Obligation to reimburse payments must be fulfilled within 30 days. The period of time begins to run after posting your declaration of revocation or the item, for Soundflat Mailorder with their receipt.

8.3 The right of revocation does not exist in distance contracts.

- for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded,

- for the delivery of audio or video recordings where the seal on the data carriers has been broken by the consumer, or

- for the delivery of newspapers, periodicals and magazines

End of the cancellation policy information

You can download a PDF model withdrawal form here.


9. Warranty - Limitation of Liability

9.1 Soundflat Mailorder is liable for defects according to the legal requirements, if liability is not excluded or limited according to the following regulations. An assignment of corresponding claims is excluded.

9.2 With regard to textile and print products the following limitation of liability applies:

Possible slight variations in colour between the image and the delivered goods have technical reasons and do not constitute a defect.

No liability is assumed for defects of textile products which are caused by disregard of the care instructions. Textiles are to be washed and dried according to the care instructions before they are worn.

9.3 Unless agreed otherwise, a warranty period of 24 months from delivery applies for unapparent defects. With apparent defects the customer has to notify in writing about the defect within two weeks after receipt of the goods, otherwise warranty claims for apparent defects are excluded.

The legal regulations of the German Commercial Code (Handelsgesetzbuch) apply for notification of defects by retailers.

9.4 The customer is obliged to permit Soundflat Mailorder the inspection of the defective goods. If the customer is a retailer and the assertion of claims has not been excluded, Soundflat Mailorder can remove the defect at customer choice by remedy or delivery of a replacement (supplementary performance). If the customer, however, is a consumer you initially have the choice, whether the supplementary performance should be a remedy or by delivery of a replacement. Soundflat Mailorder is however entitled to refuse the type of supplementary performance chosen if this is only possible at unreasonable expense and another type of supplementary performance does not remain without a substantial disadvantage for the consumer customer. If the supplementary performance fails, the customer can choose whether to demand a reduction of the purchase price or withdraw from the contract. In the event of a minor breach of contract especially regarding minor defects, the customer does not have the right of withdrawal.

In the event of a supplementary performance the customer is obliged to return the defective goods back to Soundflat Mailorder within 30 days and to compensate any profit derived from them according to the corresponding legal requirements.


9.6 No warranty obligation exists for damages caused by normal deterioration as well as improper use. Soundflat Mailorder bears the risk and expenses for return shipping of rightfully rejected goods. Soundflat Mailorder also bears the costs for the resending of the goods.


9.7 Claims for damages against Soundflat Mailorder are excluded independent of their legal reason, unless Soundflat Mailorder or its assistants have acted intentionally or grossly negligent. Soundflat Mailorder is only liable for minor negligence if for the attainment of the purpose of the contract an essential contractual obligation was breached by Soundflat Mailorder or its assistants. Aforementioned limitation of liability regards contractual as well as non-contractual claims, but does not apply to claims for damages which result from injury to life, body or health or the assumption of a guarantee of quality or fraudulent concealment of defects by Soundflat Mailorder. As far as Soundflat Mailorder is liable for minor negligence the claim for damages is limited to the damage foreseeable and typical for this kind of contract.



10. Disposal of Transport Packaging

We are affiliated to the Dual System Der Gruene Punkt (Contract No. 5559399). We are happy to inform you of a suitable waste disposal site at your place of residence. More information on the subject can be found at www.der-gruene-punkt.de


11. Privacy Policy

Soundflat Mailorder observes the Data Protection Act when handling the personal information of the customer. In this respect Soundflat Mailorder is entitled to process and store all data relating to the business relationship with the customer under observance of this law. Furthermore, Soundflat Mailorder is authorised by the law in force to obtain information from trade and credit agencies on creditworthiness



12. Severability Clause

Should any individual provisions in the above terms be or become invalid, either in part or in full, this will not affect the validity of the other provisions. In this event the contractual parties are obliged to interpret and formulate the provision, so that it fulfils the purpose of the invalid or legally ineffective provision.


13. Place of Jurisdiction

As far as legally permissible German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).


Last update: June 2014


Soundflat Mailorder
Lutz Raeuber
Alter Markt 49
41061 Moenchengladbach

Tel. 02161-2943366
Fax 02161-2943388

Email order@soundflat.de
www.soundflat.de

Managing Director: Lutz Raeuber

VAT-Identification No. according to section 27a German Value Added Tax Law (Umsatzsteuergesetz):
DE287199503

Tax Indentification No.:
128/5955/5666

Responsible for the content according to section 10 para 3 Mediendienststaatsvertrag (MDStV):
Soundflat Mailorder
Lutz Raeuber
Alter Markt 49
41061 Moenchengladbach
Germany

DISCLAIMER

Liability for Content

The contents of the Soundflat Mailorder website were created with the utmost care. Soundflat Mailorder, however, cannot take any responsibility for the correctness, completeness and topicality of the information provided. As a service provider Soundflat Mailorder is only responsible according to section 7 para 1 German Telemedia Act (Telemediengesetz, TMG) for its own contents on these pages according to general law. According to para 8 to 10 TMG Soundflat Mailorder as a service provider is however not obliged to supervise transmitted or stored external information, or search for circumstances which refer to an illegal activity. Obligations to remove or block the use of information according to the general terms and conditions remain unaffected. A liability in this regard, however, is only possible from the point of time of knowledge of a violation of rights. From gaining knowledge of such violation of rights Soundflat Mailorder with remove the contents immediately.

Liability for Links
The Soundflat Mailorder website may contain links to external websites of third parties, Soundflat Mailorder has no influence on the contents of these websites. Therefore Soundflat Mailorder cannot assume liability for their content. The provider or operator of these pages is responsible for the content of the linked sites. The linked sites were examined for possible violation of rights at the time of linking. Illegal content was not identified at time of linking. A permanent review with regard to the content of the linked sites is not reasonable without concrete evidence of a violation of rights. From gaining knowledge of such violation Soundflat Mailorder will remove such links immediately.

Copyrights
All contents and works of this website created by Soundflat Mailorder are governed by German copyright law. Any reproduction, editing, circulation as well as any other kind of use beyond the restrictions of copyright law require the prior written consent of Soundflat Mailorder. As far as contents on this website were not created by Soundflat Mailorder, Soundflat Mailorder observes the copyrights of third parties. In particular, the contents of a third party are identified as such. Should a customer notice the infringement of a copyright, Soundflat Mailorder asks its customer for a notification. From gaining knowledge of such violation Soundflat Mailorder will remove such contents immediately.

Privacy
The use of the Soundflat Mailorder website is possible without the collection of personal data until a purchase is made. The use of the contact details published in line with the legal requirements of imprints by third parties for the transmission of not explicitly requested advertising and information material is herewith expressly prohibited.
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