2. Contract formation
3. Cancellation right
4. Prices and terms of payment
5. Terms of shipment
6. Reservation of title
7. Liability for defects
8. Applicable law
1.1 These general terms and conditions (hereinafter “GTC”) of MT Audio, owner: Mario Leißner, Höhenweg 6, 91239 Henfenfeld, Germany (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or an entrepreneur (hereinafter referred to as "Customer") with the Seller in relation to goods and / or services represented in his Online-Shop. Hereby the inclusion of own conditions of the customer is contradicted, unless there is something else agreed in written form.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be classified to be predominantly neither their commercial nor their independent self-employed activity.
1.3 An entrepreneur within the meaning of this GTC is any natural or legal person or a legal partnership that, in the course of concluding a legal transaction, acts in the exercise of its commercial or independent self-employed activity.
2) Contract formation
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods and / or services contained in the shopping cart, Furthermore, the customer can submit the offer to the seller via post, by e-mail, by fax or by telephone.
2.3 The seller can accept the offer of the customer within five days,
- by submitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, whereby the receipt of the order confirmation at the customer is decisive.
- by delivering the ordered goods to the customer, in which case the receipt of the goods at the customer is decisive
- by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above apply, the contract comes to effect at the time when one of the alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal" as the payment method in the online order process, he also issues a payment order to his payment service provider by clicking on the button that concludes the order process. Deviating from clause 2.3, the seller hereby already declares acceptance of the offer of the customer at the time when the customer triggers the payment transaction by clicking on the button concluding the order process.
2.5 The period for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer.
2.6 When placing an offer via the online order form of the seller, the contract text is stored by the seller and gets transferred to the customer in addition to the present terms and conditions in text form (eg, e-mail, fax or letter) after he has sent his order.
2.7 A valid purchase contract exists only between buyer and seller, transfers of warranty, warranties or redemtions in any form in case of resale are excluded..
2.8 Prior to binding submission of the order via the online order form of the seller, the customer can correct his inputs continuously using the usual keyboard and mouse functions. In addition, all entries of the order are again displayed in a confirmation window and can also be corrected there using the usual keyboard and mouse functions before the binding submission.
2.9 for the conclusion of the contract only the German language is available.
3.0 Order processing and contacting are usually carried out by e-mail and automated order processing. For processing of the order the customer must ensure that the E-mail address provided by him is correct, so that the e-mails sent by the seller can be received at this address. Especially when using SPAM filters, the customer must ensure that all E-Mails sent by the seller or by third parties regarding the order processing can be delivered.
3) Cancellation right
3.1 In principle Consumers are entitled to take charge of their right of cancellation.
3.2 Further information to the right of cancelltion result from the cancellation instruction of the seller.
4) Prices and terms of payment
4.1 Unless nothing else is stated in the seller's product description, the prices quoted are total prices that including the VAT. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The customer can choose between various available payment methods, which are specified in the online shop of the seller.
4.3 If prepayment has been agreed, the payment is due immediately upon conclusion of the contract.
5) Terms of shipment
5.1 Unless otherwise agreed, the delivery of goods is ensued by shipping it to the delivery address specified by the customer. For processing of the transaction, the delivery address that was specified in the order processing of the seller is decisive. Deviating to this, when the payment method PayPal has been selected this, the delivery address that is specified by the customer at the time of payment via PayPal shall prevail.
5.2 The incurred transport costs will be displayed during the ordering process. If you are unsure about the actual costs, please contact the seller. Mail: email@example.com
5.3 If a delivery to the customer wasn’t possible and the transport company sends the goods back to the seller, the customer bears the cost of unsuccessful shipping. 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 had announced the delivery a reasonable time in advance.
5.4 In the case of pickup, the seller informs the customer via e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may pick up the goods at the seller's domicile after consultation of the seller. In this case, no shipping costs will be charged.
6) Reservation of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for defects (Warranty)
7.1 If the purchased item is defective, the regulations of the statutory liability for defects apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage at the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties, the law of the German Federal Republic applies, excluding the laws for the international purchase of movable goods. For consumers, this choice of law only applies in the extent when the protection granted is not withdrawn by mandatory regulations of the law of the state in which the consumer has his habitual residence.