Terms and Conditions of FALKENSTEIN PROAUDIO Owner: Fabian Falkenstein
§ 1 General Provisions
(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, Germany (hereinafter referred to as the “Seller”), in connection with the online shop www.falkenstein-proaudio.shop and all associated subdomains. Any terms and conditions of the customer that deviate from these Terms and Conditions shall not apply unless the Seller has expressly agreed to them in writing. Individual agreements between the Seller and the customer shall always take precedence.
(2) The business relationship between the Seller and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(3) The contract language is German. If an English version is provided as well, it is for convenience only; in case of discrepancies, the German version shall prevail.
(4) If the customer is a merchant, a legal entity under public law, a special fund under public law, or if the customer has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from contractual relationships with the Seller shall be Bielefeld, Germany, to the extent permitted by law.
§ 2 Subject Matter of the Contract and Conclusion of Contract
(1) The Seller offers new goods and, where expressly indicated, used goods in the online shop, in particular professional audio equipment and accessories.
(2) The product presentations in the online shop do not constitute a legally binding offer, but merely an invitation to submit an order.
(3) A purchase contract is concluded once the Seller accepts the customer’s order. The receipt of the order will be confirmed by email; such confirmation does not constitute acceptance of the contract unless expressly stated otherwise.
(4) The customer may also contact the Seller by telephone, email, fax, or letter regarding a specific item. In such a case, the Seller will submit a binding offer by email, letter, or fax. A contract is only concluded when the customer accepts this offer.
(5) The contract text is not stored permanently by the Seller and is no longer directly accessible to the customer after the order has been completed. The customer should therefore save or print the order data and these Terms and Conditions.
§ 3 Prices, Shipping Costs, VAT and Payment
(1) The prices stated in the online shop shall apply. Unless otherwise indicated, all prices include statutory VAT.
(2) Shipping costs are shown separately during the ordering process. For deliveries outside the European Union, additional costs such as customs duties, import taxes, or local taxes may apply and shall be borne by the customer unless expressly agreed otherwise.
(3) The following payment methods are available, depending on what is shown during checkout: advance bank transfer, PayPal, PayPal installment payment, credit card, and any additional payment methods displayed in the checkout. If payment by bank transfer is selected, the invoice amount is due within 7 calendar days after conclusion of the contract.
(4) If the customer chooses PayPal installment payment, financing is provided under a separate agreement with PayPal. PayPal’s additional terms and conditions apply.
(5) In the event of default in payment, the Seller is entitled to assert default interest and any further statutory claims.
(6) The Seller will provide the customer with an invoice in text form or with the goods.
§ 4 Delivery and Transfer of Risk
(1) Delivery shall be made to the delivery address provided by the customer unless otherwise agreed. Delivery is made from the Seller’s warehouse.
(2) Delivery times are stated in the respective product description or during checkout. If the goods are in stock, dispatch usually takes place within 2 to 3 working days after conclusion of the contract, or after receipt of payment in the case of advance payment. If an item is not in stock, the Seller will endeavor to deliver as soon as possible.
(3) The Seller is entitled to make partial deliveries insofar as this is reasonable for the customer. Any additional shipping costs incurred due to partial deliveries will not be charged to the customer unless the partial delivery was requested by the customer.
(4) The Seller is entitled to withdraw from the contract if a supplier fails to deliver the ordered goods despite a proper covering transaction and the Seller is not responsible for the non-delivery. In such a case, the customer will be informed immediately and any payments already made will be refunded.
(5) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover of the goods. In the case of shipment to an entrepreneur, the risk shall pass upon handover of the goods to the carrier, freight forwarder, or other person designated to carry out the shipment.
§ 5 Retention of Title
The delivered goods shall remain the property of the Seller until full payment of all claims arising from the respective contract has been received. In relation to entrepreneurs, the retention of title shall also apply until all claims arising from the ongoing business relationship with the customer have been settled.
§ 6 Warranty
(1) The statutory warranty rights shall apply.
(2) In relation to consumers, the limitation period for warranty claims for new goods is two years from delivery of the goods. For used goods, the limitation period may be reduced to one year, provided the customer is informed of this before conclusion of the contract. In relation to entrepreneurs, the warranty period for new goods is one year; for used goods, warranty is excluded to the extent permitted by law.
(3) Damage resulting from improper handling, installation, commissioning, operation, or storage by the customer does not give rise to warranty claims against the Seller.
(4) The customer must notify the Seller of defects without undue delay. If the customer is an entrepreneur, Sections 377 et seq. of the German Commercial Code (HGB) shall additionally apply.
(5) In the event of justified warranty claims, the Seller shall initially be entitled to subsequent performance. If subsequent performance fails, the customer may reduce the purchase price or withdraw from the contract in accordance with statutory provisions.
§ 7 Transport Damage
If goods are delivered with obvious damage to the packaging or contents, the customer should complain to the carrier immediately and inform the Seller as quickly as possible by email or another communication channel, without prejudice to the customer’s warranty rights, so that any claims against the transport service provider can be preserved.
§ 8 Liability
(1) The Seller shall be liable without limitation in cases of intent and gross negligence, and for damages resulting from injury to life, body, or health.
(2) In the event of slight negligence in the breach of essential contractual obligations, the Seller shall only be liable for foreseeable damages typical for the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(3) Otherwise, the Seller’s liability is excluded to the extent permitted by law.
(4) The above limitations of liability shall also apply in favor of the Seller’s legal representatives, employees, and vicarious agents.
§ 9 Data Protection
The Seller processes the customer’s personal data only within the scope of applicable data protection laws, in particular the General Data Protection Regulation (GDPR), and only to the extent necessary for contract processing. Further information can be found in the Seller’s Privacy Policy on the website.
§ 10 Right of Withdrawal for Consumers
Consumers have the statutory right of withdrawal in accordance with the separate withdrawal policy made available in the online shop and during the ordering process.
§ 11 Final Provisions
(1) Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
(2) German law shall apply to contracts with entrepreneurs. For consumers, the mandatory consumer protection provisions of the country of habitual residence shall apply to the extent they cannot be excluded under the applicable law.