Terms and Conditions of FALKENSTEIN PROAUDIO, Owner Fabian Falkenstein

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§ 1 General

(1) These terms and conditions apply to all contracts, deliveries, and other services provided by Falkenstein ProAudio, owner Fabian Falkenstein, Am Schildhof 17, 33617 Bielefeld (hereinafter referred to as "Seller"), regarding the online store www.falkenstein-pro-audio.shop and all subdomains associated with the domain. Deviating provisions from customers do not apply unless the Seller has confirmed this in writing. Individual agreements between the Seller and the customers always take precedence.

(2) The business relationships between the Seller and the customers are governed by the laws of the Federal Republic of Germany. This choice of law for consumers only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence. The application of the UN Sales Convention is excluded.

(3) The language of the contract is German.

(4) The place of jurisdiction is Bielefeld, insofar as the customer is a merchant or a legal entity under public law or a public-law special asset. The same applies if a customer does not have a general place of jurisdiction in Germany or if the residence or habitual residence is unknown at the time of the legal action.

 

§ 2 Contract Contents and Conclusion of Contract

(1) The Seller offers customers new goods, primarily professional audio equipment, for sale in the online store www.falkenstein-proaudio.shop.
(2) When purchasing in the online shop, a purchase contract is concluded through the acceptance of the customer's order by the Seller. Price listings in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by email.
The customer also has the option to inquire about a specific item by phone, email, fax, or mail. Upon receiving such an inquiry, the Seller will send the customer a corresponding offer via email, letter, or fax. A contract is only concluded when the customer accepts this offer.
(3) After placing the order, the contract text can no longer be viewed. Therefore, we recommend that the customer save the contract text.

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§ 3 Prices, Shipping Costs, VAT, and Payment

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(1) For orders placed through the online shop, the prices listed there apply. All prices include statutory VAT.
(2) The prices are inclusive of shipping costs. For orders outside the online shop (see § 2, para. 3), the prices stated in the Seller’s offer also include shipping costs.
(3) Delivery to customers by the Seller will be made according to the customer’s preferences using the following payment methods: advance payment (via bank transfer, PayPal, instant transfer), on account (only for schools and authorities after verification).
If the customer chooses advance payment via bank transfer, the payment is due no later than 7 calendar days after the conclusion of the contract.
For deliveries on account, payment is due no later than 7 calendar days after the invoice has been issued.
If payment is made by cash on delivery, the purchase price plus cash on delivery fees is due upon delivery and presentation of the cash on delivery receipt by the contracted carrier.
(4) If a customer falls behind with their payment obligations, the Seller may claim damages according to legal provisions and/or withdraw from the contract.
(5) The Seller will always issue an invoice to the customer, which will be handed over upon delivery of the goods or otherwise provided in text form.

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§ 4 Delivery and Transfer of Risk

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(1) The ordered goods will be delivered to the address provided by the customer, unless otherwise agreed contractually. The delivery is made from the Seller's warehouse.

(2) The availability of the individual items is specified in the product descriptions. Items in stock will be shipped by the Seller, unless otherwise expressly agreed, within 2-3 business days after the contract is concluded (for prepayment via bank transfer: within 2-3 business days after receipt of payment). If an item is marked as out of stock in an online store sale, the Seller will strive to deliver it as quickly as possible. Delivery time information provided by the Seller is non-binding unless the Seller has expressly committed to a specific delivery date.

(3) The Seller reserves the right to make partial deliveries if this seems advantageous for a quick processing and if the partial delivery is not unreasonably burdensome for the customer. Any additional costs resulting from partial deliveries will not be charged to the customer.

(4) The Seller reserves the right to cancel the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery, and the delivery is either entirely or partially not made. This reservation of self-delivery applies only if the Seller is not responsible for the failure of delivery. The Seller is not responsible for failure of performance if a so-called congruent coverage transaction has been concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the Seller will promptly inform the customer of this fact and refund any amounts already paid for the purchase price and shipping costs.

The risk of accidental loss and deterioration of the goods passes to the customer upon delivery. If the customer is a business, the risk of accidental loss and deterioration of the goods as well as the risk of delay pass to the customer upon delivery of the goods to the carrier, the freight forwarder, or another person designated to carry out the shipment.

(5) In the case of exercising the right of withdrawal, the customer must bear the regular costs of returning the goods if the delivered goods correspond to the order and if the price of the item being returned does not exceed 40 euros or if, in the case of a higher-priced item, the customer has not yet paid for the goods or a contractually agreed partial payment at the time of withdrawal.

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§ 5 Retention of Title

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The delivered goods remain the property of the Seller until all claims arising from the contract have been fulfilled. In the event that the customer is a legal entity under public law, a public-law special fund, or a business acting in the exercise of their commercial or independent professional activity, this retention of title also extends to the ongoing business relationship until all claims the Seller has in connection with the contract have been settled.

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§ 6 Liability for Defects

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(1) If defects are present, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, the provisions of §§ 377 ff. HGB (German Commercial Code) also apply.

(2) Damages caused by improper handling of the goods by the customer during installation, connection, operation, or storage do not create a warranty claim against the Seller.
Instructions for proper handling can be found in the manufacturer's descriptions.

(3) Defects must be reported by the customer within a warranty period of three years for new goods and one year for used goods to the Seller.
If the customer is a business, the warranty period for new goods is one year. For used goods, the warranty is excluded for businesses.
The above liability limitations do not apply if the Seller has fraudulently concealed a defect or has provided a guarantee regarding the condition of the goods.
These limitations also do not apply to claims for damages by the customer related to compensation for bodily injury or health damage due to a defect for which the Seller is responsible, or if the claim is based on the Seller’s or their agents' intentional or grossly negligent fault.
The above limitations do not apply to defects in a building or an item that is typically used for a building and has caused a defect in the building.
These limitations also do not apply if the Seller has fraudulently concealed a defect or provided a guarantee regarding the condition of the goods, or to claims for damages by the customer related to compensation for bodily injury or health damage due to a defect for which the Seller is responsible, or claims based on intentional or grossly negligent fault of the Seller or their agents.

(4) If defects are present and have been reported in a timely manner, the Seller is entitled to remedy the defect.
If the remedy fails, the customer is entitled to a reduction in the purchase price or to withdraw from the contract. In other respects, the statutory provisions apply.

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§ 7 Obligation to Inform in Case of Transport Damage

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If goods are delivered with obvious damage to the packaging or contents, the customer should, without prejudice to their warranty rights (§ 7), immediately file a complaint with the carrier/freight service and promptly contact the Seller via email or other means (fax/mail) so that the Seller can assert any rights against the carrier/freight service.

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§ 8 Disclaimer of Liability

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(1) Outside of liability for material and legal defects, the Seller is liable without limitation if the cause of damage is based on intent or gross negligence. The Seller is also liable for the slight negligence in the violation of essential duties (duties whose violation jeopardizes the achievement of the contract purpose) as well as for the violation of cardinal duties (duties whose fulfillment enables the proper execution of the contract and on whose adherence the customer regularly relies), but only for the foreseeable, typical contractual damage. The Seller is not liable for the slight negligence of other duties.

(2) The liability restrictions of the preceding paragraph do not apply to the violation of life, body, or health, for a defect after assuming a guarantee for the condition of the product, and for fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.

(3) If the Seller’s liability is excluded or limited, this also applies to the personal liability of their employees, representatives, and vicarious agents.

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§ 9 Data Protection

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(1) The customer is aware and agrees that the personal data necessary for processing the order will be stored on data carriers by the Seller. The customer explicitly consents to the collection, processing, and use of their personal data. The Seller will, of course, treat the stored personal data confidentially. The collection, processing, and use of the customer’s personal data is done in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

(2) The customer has the right to withdraw their consent at any time with effect for the future. In such a case, the Seller is required to immediately delete the customer’s personal data. In the case of ongoing order processes, the deletion will occur after the completion of the order process.