General Terms and Conditions of Business
§1 General Information
1. In respect to business relations of all types between the firm Stereo Lab Uwe-Jens Paulus and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
2. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Send Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. Alternatively, we may also confirm the order by sending a separate email or by initiating the product delivery.
We then store the text of the contract und email the order data and a link to the General Terms and Conditions to the customer.
3. The firm Stereo Lab Uwe-Jens Paulus reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against the firm Stereo Lab Uwe-Jens Paulus.
4. The contractual language is German, we do accept the payment always in Euros.
§2 Delivery
1. Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Stereo Lab Uwe-Jens Paulus, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.
2. All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation.
3. We post the shipping charges for National and International deliveries at shipping. In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees.
4. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
5. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
6. Claims for damages against the firm Stereo Lab Uwe-Jens Paulus arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
§3 Rights of Refund
1. statutory right of withdrawal
The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw from the contract in writing (e.g. letter, fax, email) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by retuning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties according to article 246 section 2 German Civil Code (EGBGB) in combination with section 1 subsection 2 German Civil Code (EGBGB) as well as section 312e, subsection 1 German Civil Code (BGB) in combination with article 246 section 3 German Civil Code (EGBGB) have been fulfilled.
the withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:
Stereo Lab Uwe-Jens Paulus
Owner Uwe-Jens Paulus
Neue Landstr. 48
76761 Ruelzheim
Germany
E-Mail:
info@stereo-lab.de
Fax: +49 (0) 3212 - 1232265
2. The Consequences of Cancelation In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. To the extent possible, the customer shall return objects by parcel post. The customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, when at the time of the cancelation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customer’s premises. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned; for the vendor, Stereo Lab Uwe-Jens Paulus the grace period begins with the receipt of the cancelation or the returned goods.
3. Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customer's specifications. The same applies for products which due to their nature are unsuitable for a return. such as perishable products or products where the expiry date has passed.Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.
§4 Warranties and Claims for Damages
1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm Stereo Lab Uwe-Jens Paulus, are not protected by warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection.
3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 5 have been fulfilled. This in turn does not hold true if the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB].
5. The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with German Law.The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“ in the sense defined by § 14 German Civil Code [Buergerliches Gesetzbuch/BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk.
6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
7. The firm Stereo Lab Uwe-Jens Paulus is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Stereo Lab Uwe-Jens Paulus or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Stereo Lab Uwe-Jens Paulus is limited to foreseeable damages alone.
§5 Due Dates and Payment Conditions
1. Invoices sent by the firm Stereo Lab Uwe-Jens Paulus – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
2. Stereo Lab Uwe-Jens Paulus reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
3. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event the firm Stereo Lab Uwe-Jens Paulus is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§6 Reservation of Ownership
1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Stereo Lab Uwe-Jens Paulus. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the firm Stereo Lab Uwe-Jens Paulus reserves its right of property until the full remittance of the purchase price.
2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm Stereo Lab Uwe-Jens Paulus. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Stereo Lab Uwe-Jens Paulus and the customer, including interest and any subsidiary demands to be brought against the firm Stereo Lab Uwe-Jens Paulus. The firm Stereo Lab Uwe-Jens Paulus accepts this relinquishment of rights.
§7 Place of Execution and Place of Jurisdiction
1. Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.
2. The place of execution for all services and products negotiated in business transactions with the firm Stereo Lab Uwe-Jens Paulus is Ruelzheim, Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
3. The exclusive place of jusrisdiction for any legal proceeedings against the firm Stereo Lab Uwe-Jens Paulus is Germersheim, Germany. The same holds true for legal action taken by the firm Stereo Lab Uwe-Jens Paulus against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
§8 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.
