1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of FLUX-Hifi GmbH & Co. KG (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) with the seller regarding the from Seller sells goods and / or services displayed in his online shop. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the seller by telephone, fax, email or post.
2.3 The seller can accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends on the fifth day following the submission of the offer.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after submitting his order together with the present GTC. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account, providing the relevant login data, provided the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are specified in the seller’s online shop.
4.4 If prepayment has been agreed, payment is due immediately after the contract is concluded.
4.5 If the payment method “PayPal” is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller gave him the right the service had announced a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pick-up is not possible for logistical reasons.
6) Retention of title
6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies:
7.1 For entrepreneurs
an insignificant defect basically does not justify any claims for defects;
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from the transfer of risk;
the rights and claims due to defects are generally excluded for used goods;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3 The liability restrictions and shortening of the limitation period regulated above do not apply
for things that have not been used for a building in accordance with their normal use and have caused its deficiency,
for damage from injury to life, limb or health, which is based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
for other damages which are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the seller has maliciously concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about the delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Liability
The seller is liable to the customer from all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
in the event of intent or gross negligence,
in the event of willful or negligent injury to life, limb or health,
based on a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
8.3 For the rest, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
6) Retention of title
6.1 In relation to consumers, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies:
7.1 For entrepreneurs
an insignificant defect basically does not justify any claims for defects;
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from the transfer of risk;
the rights and claims due to defects are generally excluded for used goods;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3 The liability restrictions and shortening of the limitation period regulated above do not apply
for things that have not been used for a building in accordance with their normal use and have caused its deficiency,
for damage from injury to life, limb or health, which is based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
for other damages which are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the seller has maliciously concealed the defect.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about the delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Liability
The seller is liable to the customer from all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
in the event of intent or gross negligence,
in the event of willful or negligent injury to life, limb or health,
based on a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
8.3 For the rest, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives….