Terms of service
General Terms and Conditions with Customer Information
Sections:
- Provider
- Scope of Application
- Definitions
- Offer and Conclusion of Contract
- Delivery Time
- Prices and Shipping Costs
- Transport Risk
- Payment Methods
- Reservation of Title
- Right of Withdrawal
- Legal Warranty Rights
- Complaints Procedure
- Limitation of Liability, Warranties
- Contract Language, Storage of Contract Text
- Applicable Law, Jurisdiction Agreement
- Online Dispute Resolution
- Severability Clause
- Note on Battery Disposal
Provider
The provider of the product range presented in this online shop and the contractual partner for purchases made through this online shop is the following legal entity (hereafter referred to as “Provider”):
Soundreference Handel GmbH & Co. KG
Pasingerstr.16
82166 Gräfelfing
Phone: 089-7193766
Fax: 089-7194266
Email: info@soundreference-online.de
VAT identification number: DE 812 362 125
Commercial Register: Munich District Court, HRA 72005
Represented by the general partner:
Sound Reference Handels- und Verwaltungs GmbH
Managing Director: Christian Besold
Commercial Register: Munich District Court, HRB 116859
Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded via this online shop. They also include legally required information for distance selling and electronic commerce contracts.
Definitions
The terms "entrepreneur" and "consumer" are used as defined by the German Civil Code (BGB):
(1) According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(2) According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity.
Offer and Conclusion of Contract
The presentations on this online presence do not constitute legally binding offers. The customer can make a non-binding inquiry for the products presented by clicking the "Inquire about item" link. This inquiry does not constitute a legally binding offer either. The provider will then send a binding offer to the customer via email. The customer can accept the offer by confirming it to the provider via email or other remote communication means, thus legally accepting the offer and concluding the purchase contract. The provider is bound by its offer for 10 business days.
Delivery Time
Ordered goods are dispatched within 24 hours of the order or within 2 business days after payment is made in the case of prepayment. Sundays and public holidays are not included in the calculation. With usual postal and parcel delivery times, the delivery to the customer takes 2-3 business days. The specified delivery times apply only for shipments within Germany. Shipping abroad, if offered, may take an additional 3-4 business days.
Prices and Shipping Costs
(1) The prices listed on this website are final prices and include the statutory value-added tax.
(2) If shipping costs are applicable, the provider will inform the customer in the offer.
(3) If shipping outside the EU is offered, additional duties, taxes, and fees may apply, which are to be borne by the customer and paid to the relevant customs or tax authorities. Customers can inquire about the details from the competent customs or tax authority before confirming the offer. There are also helpful information pages, such as:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm
Transport Risk
(1) According to statutory provisions, the provider bears the transport risk in the case of consumer sales. If the buyer is an entrepreneur, the transport risk passes to them as soon as the goods are handed over to the transport company.
(2) If a delivery failure is the customer's fault, they must bear the additional costs incurred. Deliveries are considered undeliverable if no authorized recipient is found, and the pickup deadline has passed fruitlessly, if acceptance is refused by the recipient or authorized recipient, or if the recipient cannot be located at the address provided. Refusal to accept, obstruction of delivery via an existing reception facility (e.g., sealed/mailbox ban), refusal to pay the COD amount/COD costs (if COD is offered and selected by the customer), or refusal to sign for receipt are also considered as acceptance refusals.
Payment Methods
(1) Payment is optionally by bank transfer (prepayment), Stripe, or PayPal.
(2) Goods are delivered upon receipt of payment for prepayment options.
Reservation of Title
If the customer is a consumer, the provider retains title to the delivered goods until full payment of
the purchase price by the customer. If the customer is an entrepreneur, the provider retains title to the delivered goods until full payment of all claims arising from the business relationship with the buyer.
Right of Withdrawal
If delivery difficulties occur after the conclusion of a purchase contract in such a way that the provider itself is not supplied on time in terms of type and quantity, the provider reserves the right to withdraw from the contract. The aforementioned applies only if the provider is not responsible for the absence of delivery, particularly if a covering transaction has been concluded on time to fulfill its contractual obligations, and the affected customers have been informed immediately. In such a case, the provider will immediately refund any services already provided by the customer.
Legal Warranty Rights
(1) For contracts with consumers for the delivery of goods, statutory provisions apply, meaning a two-year warranty period from the transfer of the goods to the consumer.
(2) Deviating from statutory provisions, for contracts with entrepreneurs for the delivery of new goods, a warranty period of one year from transfer to the buyer applies; for contracts with entrepreneurs for the delivery of used goods, a six-month warranty period from transfer applies. The entrepreneur's rights under §§ 478, 479 BGB remain unaffected.
(3) The aforementioned shortening of warranty periods does not apply to claims for damages caused by the provider, its legal representatives, or vicarious agents in the following cases: injury to life, body, or health, intentional or grossly negligent breach of duty, fraudulent concealment of a defect, or breach of a duty that the proper execution of the contract depends on and on whose compliance the buyer regularly relies (cardinal obligation). Moreover, the provider is liable under the Product Liability Act if the scope of the Product Liability Act is opened, or in other cases provided by law where liability of the provider is mandatorily stipulated.
Complaints Procedure
If the customer is a merchant as defined by the German Commercial Code (HGB), they must notify the provider of defects immediately, but no later than within a week of receiving the goods. Defects that cannot be detected even with careful inspection within this period must be reported in writing immediately upon discovery; otherwise, the goods are considered approved with respect to this defect. The foregoing does not apply if the provider has fraudulently concealed the defect or has assumed a corresponding warranty. If the provider enters into negotiations about a complaint, this does not constitute a waiver of the objection to late, insufficient, or unfounded defect complaints.
Limitation of Liability, Warranties
(1) The provider is fully liable for damages if intent or gross negligence is attributable to him.
(2) For simple negligence, the provider is only liable for the breach of a duty, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the buyer regularly relies (cardinal obligation). Otherwise, liability for damages caused by simple negligence is excluded.
(3) If the provider is liable for simple negligence as described above, the liability is limited to the damage which, according to the circumstances known at the time of the contract's conclusion, typically had to be expected.
(4) The aforementioned exclusions and limitations of liability do not apply if a warranty for the condition of the goods has been assumed or the defectiveness of the goods has been fraudulently concealed. The provider is also fully liable for damages that must be compensated under the Product Liability Act, as well as for damages to life, body, and health.
(5) If warranties are granted by the manufacturer or provider for certain products, this will be indicated on the relevant product page or on a separately linked sub-page. The customer's statutory rights, in particular, the statutory warranty rights, are not affected by any warranties granted.
Contract Language, Storage of Contract Text
(1) The contract language is German.
(2) The provider does not store the contract text after the conclusion of the contract, and it is not accessible to the customer. The customer may print out the contract text before the conclusion of the contract and/or save it in a reproducible form by taking screenshots of the essential web pages or converting them into PDF format.
Applicable Law, Jurisdiction Agreement
(1) Purchase contracts concluded with entrepreneurs are subject to the substantive law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) In the event of disputes, the jurisdiction agreed upon is the jurisdiction in which the provider's seat is located if the buyer is a merchant as defined by the HGB, a legal entity under public law, or a special fund under public law.
Online Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (OS), available at the following link: https://ec.europa.eu/consumers/odr.
(2) For general consumer issues, the General Consumer Arbitration Board of the Center for Arbitration e.V. is responsible, which can be reached at https://www.verbraucher-schlichter
.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.
(3) The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Severability Clause
If any provision of these terms and conditions becomes wholly or partially invalid due to statutory provisions, regulations, or changes in laws, all other provisions remain unaffected and continue to apply in full.
Note on Battery Disposal
If batteries or accumulators are included in the scope of delivery, the following notice must be observed: Spent batteries and accumulators must not be disposed of with household waste. Spent batteries and accumulators must be disposed of exclusively through trade or specially designated collection points by law. Trade and manufacturers are legally obliged to take back batteries and accumulators free of charge and dispose of them properly or as special waste. Customers can thus return spent batteries and accumulators free of charge at a municipal collection point, locally in stores, or send them back to the provider free of charge.
Batteries and accumulators are marked with a crossed-out wheeled bin symbol. If batteries contain more than 0.0005 mass percent mercury, more than 0.002 mass percent cadmium, or more than 0.004 mass percent lead, the respective chemical symbol (Hg for mercury, Cd for cadmium, or Pb for lead) is indicated under the symbol of the wheeled bin.
Sections:
- Provider
- Scope of Application
- Definitions
- Offer and Conclusion of Contract
- Delivery Time
- Prices and Shipping Costs
- Transport Risk
- Payment Methods
- Reservation of Title
- Right of Withdrawal
- Legal Warranty Rights
- Complaints Procedure
- Limitation of Liability, Warranties
- Contract Language, Storage of Contract Text
- Applicable Law, Jurisdiction Agreement
- Online Dispute Resolution
- Severability Clause
- Note on Battery Disposal
Provider
The provider of the product range presented in this online shop and the contractual partner for purchases made through this online shop is the following legal entity (hereafter referred to as “Provider”):
Soundreference Handel GmbH & Co. KG
Pasingerstr.16
82166 Gräfelfing
Phone: 089-7193766
Fax: 089-7194266
Email: info@soundreference-online.de
VAT identification number: DE 812 362 125
Commercial Register: Munich District Court, HRA 72005
Represented by the general partner:
Sound Reference Handels- und Verwaltungs GmbH
Managing Director: Christian Besold
Commercial Register: Munich District Court, HRB 116859
Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded via this online shop. They also include legally required information for distance selling and electronic commerce contracts.
Definitions
The terms "entrepreneur" and "consumer" are used as defined by the German Civil Code (BGB):
(1) According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(2) According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity.
Offer and Conclusion of Contract
The presentations on this online presence do not constitute legally binding offers. The customer can make a non-binding inquiry for the products presented by clicking the "Inquire about item" link. This inquiry does not constitute a legally binding offer either. The provider will then send a binding offer to the customer via email. The customer can accept the offer by confirming it to the provider via email or other remote communication means, thus legally accepting the offer and concluding the purchase contract. The provider is bound by its offer for 10 business days.
Delivery Time
Ordered goods are dispatched within 24 hours of the order or within 2 business days after payment is made in the case of prepayment. Sundays and public holidays are not included in the calculation. With usual postal and parcel delivery times, the delivery to the customer takes 2-3 business days. The specified delivery times apply only for shipments within Germany. Shipping abroad, if offered, may take an additional 3-4 business days.
Prices and Shipping Costs
(1) The prices listed on this website are final prices and include the statutory value-added tax.
(2) If shipping costs are applicable, the provider will inform the customer in the offer.
(3) If shipping outside the EU is offered, additional duties, taxes, and fees may apply, which are to be borne by the customer and paid to the relevant customs or tax authorities. Customers can inquire about the details from the competent customs or tax authority before confirming the offer. There are also helpful information pages, such as:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm
Transport Risk
(1) According to statutory provisions, the provider bears the transport risk in the case of consumer sales. If the buyer is an entrepreneur, the transport risk passes to them as soon as the goods are handed over to the transport company.
(2) If a delivery failure is the customer's fault, they must bear the additional costs incurred. Deliveries are considered undeliverable if no authorized recipient is found, and the pickup deadline has passed fruitlessly, if acceptance is refused by the recipient or authorized recipient, or if the recipient cannot be located at the address provided. Refusal to accept, obstruction of delivery via an existing reception facility (e.g., sealed/mailbox ban), refusal to pay the COD amount/COD costs (if COD is offered and selected by the customer), or refusal to sign for receipt are also considered as acceptance refusals.
Payment Methods
(1) Payment is optionally by bank transfer (prepayment), Stripe, or PayPal.
(2) Goods are delivered upon receipt of payment for prepayment options.
Reservation of Title
If the customer is a consumer, the provider retains title to the delivered goods until full payment of
the purchase price by the customer. If the customer is an entrepreneur, the provider retains title to the delivered goods until full payment of all claims arising from the business relationship with the buyer.
Right of Withdrawal
If delivery difficulties occur after the conclusion of a purchase contract in such a way that the provider itself is not supplied on time in terms of type and quantity, the provider reserves the right to withdraw from the contract. The aforementioned applies only if the provider is not responsible for the absence of delivery, particularly if a covering transaction has been concluded on time to fulfill its contractual obligations, and the affected customers have been informed immediately. In such a case, the provider will immediately refund any services already provided by the customer.
Legal Warranty Rights
(1) For contracts with consumers for the delivery of goods, statutory provisions apply, meaning a two-year warranty period from the transfer of the goods to the consumer.
(2) Deviating from statutory provisions, for contracts with entrepreneurs for the delivery of new goods, a warranty period of one year from transfer to the buyer applies; for contracts with entrepreneurs for the delivery of used goods, a six-month warranty period from transfer applies. The entrepreneur's rights under §§ 478, 479 BGB remain unaffected.
(3) The aforementioned shortening of warranty periods does not apply to claims for damages caused by the provider, its legal representatives, or vicarious agents in the following cases: injury to life, body, or health, intentional or grossly negligent breach of duty, fraudulent concealment of a defect, or breach of a duty that the proper execution of the contract depends on and on whose compliance the buyer regularly relies (cardinal obligation). Moreover, the provider is liable under the Product Liability Act if the scope of the Product Liability Act is opened, or in other cases provided by law where liability of the provider is mandatorily stipulated.
Complaints Procedure
If the customer is a merchant as defined by the German Commercial Code (HGB), they must notify the provider of defects immediately, but no later than within a week of receiving the goods. Defects that cannot be detected even with careful inspection within this period must be reported in writing immediately upon discovery; otherwise, the goods are considered approved with respect to this defect. The foregoing does not apply if the provider has fraudulently concealed the defect or has assumed a corresponding warranty. If the provider enters into negotiations about a complaint, this does not constitute a waiver of the objection to late, insufficient, or unfounded defect complaints.
Limitation of Liability, Warranties
(1) The provider is fully liable for damages if intent or gross negligence is attributable to him.
(2) For simple negligence, the provider is only liable for the breach of a duty, the fulfillment of which enables the proper execution of the contract in the first place and on whose observance the buyer regularly relies (cardinal obligation). Otherwise, liability for damages caused by simple negligence is excluded.
(3) If the provider is liable for simple negligence as described above, the liability is limited to the damage which, according to the circumstances known at the time of the contract's conclusion, typically had to be expected.
(4) The aforementioned exclusions and limitations of liability do not apply if a warranty for the condition of the goods has been assumed or the defectiveness of the goods has been fraudulently concealed. The provider is also fully liable for damages that must be compensated under the Product Liability Act, as well as for damages to life, body, and health.
(5) If warranties are granted by the manufacturer or provider for certain products, this will be indicated on the relevant product page or on a separately linked sub-page. The customer's statutory rights, in particular, the statutory warranty rights, are not affected by any warranties granted.
Contract Language, Storage of Contract Text
(1) The contract language is German.
(2) The provider does not store the contract text after the conclusion of the contract, and it is not accessible to the customer. The customer may print out the contract text before the conclusion of the contract and/or save it in a reproducible form by taking screenshots of the essential web pages or converting them into PDF format.
Applicable Law, Jurisdiction Agreement
(1) Purchase contracts concluded with entrepreneurs are subject to the substantive law of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) In the event of disputes, the jurisdiction agreed upon is the jurisdiction in which the provider's seat is located if the buyer is a merchant as defined by the HGB, a legal entity under public law, or a special fund under public law.
Online Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (OS), available at the following link: https://ec.europa.eu/consumers/odr.
(2) For general consumer issues, the General Consumer Arbitration Board of the Center for Arbitration e.V. is responsible, which can be reached at https://www.verbraucher-schlichter
.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.
(3) The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Severability Clause
If any provision of these terms and conditions becomes wholly or partially invalid due to statutory provisions, regulations, or changes in laws, all other provisions remain unaffected and continue to apply in full.
Note on Battery Disposal
If batteries or accumulators are included in the scope of delivery, the following notice must be observed: Spent batteries and accumulators must not be disposed of with household waste. Spent batteries and accumulators must be disposed of exclusively through trade or specially designated collection points by law. Trade and manufacturers are legally obliged to take back batteries and accumulators free of charge and dispose of them properly or as special waste. Customers can thus return spent batteries and accumulators free of charge at a municipal collection point, locally in stores, or send them back to the provider free of charge.
Batteries and accumulators are marked with a crossed-out wheeled bin symbol. If batteries contain more than 0.0005 mass percent mercury, more than 0.002 mass percent cadmium, or more than 0.004 mass percent lead, the respective chemical symbol (Hg for mercury, Cd for cadmium, or Pb for lead) is indicated under the symbol of the wheeled bin.