Table of contents
1. scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company MT Audio, Inhaber: Mario Leißner, Amberger Str. 17, 91224 Pommelsbrunn (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed in writing.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute 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 into the seller's online store. 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 contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by post, e-mail, fax or telephone.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect.
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer 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 during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the order process. In this case, in deviation from section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.
2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
2.6 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these GTC.
2.7 A valid purchase contract exists only between the buyer and the seller, transfers of guarantee, warranties or redemption in any form in the event of resale are excluded.
2.8 Before 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.
2.9 Only the German language is available for the conclusion of the contract.
3.0 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
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 statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 Various payment options are available to the customer, which are specified in the seller's online store.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4 If the payment method "PayPal" is selected, payment is processed via 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for processing the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer at the time of payment with PayPal is decisive.
5.2 The transportation costs incurred are displayed during the order process. If you are unsure of the actual costs, please contact the seller. Mail: info@mtaudio.eu
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, 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 notified him of the service a reasonable time in advance.
5.4 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn
