General terms and conditions (AGB) | Ballad Audio

Stand Mai 2014

§ 1 Contractual Partner, Range of Application

(1) Contractual partner within the scope in the following general terms and conditions is the firm Ballad Audio (following referred as “Ballad Audio”), Wickerer Str. 73
D-65439 Flörsheim and the customer.

(2) All delivery and achievements, performed by Ballad Audio to the customers, result exclusively based on the following general terms and conditions version valid at the date of the order.

(3) Any variant regulations will be contradicted. Any other regulations than the contained here will only be effective by an express written agreement between Ballad Audio and the respective customer.

(4) The version of the general terms and conditions valid at the date of the order also applies for future orders, also if not over explicit agreed.

§ 2 Terms of the Contract

§ 4 Price

All prices mentioned are calculated including the valid legal value-added tax without packing and shipping costs.

§ 5 Terms of Payment

(1) Payments can be carried out either by cash on delivery or against prepayment/pre money transfer.

§ 6 Right of Withdrawal (Revocation Instructions)

(1) It refers expressly to the right of withdrawal to the customer. It will be referred to the right of revocation in a separate instruction.

(2) The consequences of the revocation depend on the separate instruction specified in § 6 exp. 1.

(3) The customer is expressly referenced, that regarding the regulation of the revocation sequences in accordance with § 6 exp. 4 - no actions may be done at the product, which may only be made by the manufacturer or by authorized persons. This means, in particular opening out or removing the seals or the serial number or comparable safety devices, which are attached to the goods, products or devices.

(4) Furthermore it is expressly reference, that in case of one effective revocation both sides should be refunded of the benefits and if applicable the payment of the use (i.e. advantage by use the product). By deterioration or destruction of the good, compensation according to the value can be required. This does not apply, if the deterioration or the destruction of the good is due exclusively to its examination. The customer can avoid the compensation, by taking the good in use not like an owner and omitting everything, which affect their value.

(5) It is a responsibility of the customer to send back the good in the original packaging including interior packing and with all users’ manuals. Also by lost or damage of the original packaging result depreciations, which are established to the customer.

§ 7 Terms of Delivery

(1) The delivery happens via parcel from the storage to the address given by the customer.

(2) Information about the terms of delivery is noncommittal, as far as the delivery date was not as an exception obligatorily and in writing assured. Each delivery stands under the obligation of Ballad Audio, which has to deliver in time and in proper form.

In principle we deliver – storage and ordered good within 1-3 working days – special designs/ tuning equipments after arrangement.

(3) Should a product ordered by the customer not be available despite arrangement by Ballad Audio for reasons beyond our control, Ballad Audio is authorized, instead of the ordered product an equivalent product in quality and price to deliver or the withdraw of the contract. Ballad Audio will immediately inform the customer about the unavailability and for customer, who already performed payments, will immediately be refund.

(4) As far as Ballad Audio, for any reasons, which it may represents, has a delay in delivery or a delivery becomes impossible, and this was not been based on a deliberate act or rough negligence, and the liability for damage is excluded. Further requirements of the customer remain reserved.

(5) Delays on the delivery occurring for reasons, that Ballad Audio is not responsible (higher force, default of a third, and others), the delivery period will be appropriately extended. The customer will be immediately informed of the problem. If the causes of the delay persist longer than four weeks after contract agreement; each party is authorized to withdraw from the contract.

(6) The delivery results versus a packing and shipping expenses fixed rate (§ 4 exp. 2), which exact amount is separately distinguished for each delivery.

§ 8 Payment

(1)The payment results by cash on delivery or versus prepayment. Deliveries abroad ditto, so long cash on delivery by DHL/Deutsche Post is possible.

(2) In case of delivery to entrepreneurs, Ballad Audio reserves itself the right to perform, when desired by the customer, a delivery against bill or direct bank debit. For this procedure, however, a deep credit examination is necessary (Schufa, Creditreform, or alike) with written permission of the customer. If on a sale contract with the customer, a delivery is agreed versus a bill or direct bank debit, the payment is immediately due. All payments should be done completely without any discount or other deductions.

§ 9 Retention of Title

(1) The ordered good remains until the complete payment property of Ballad Audio.

(2) A transfer of title are not allowed a resale, a leasing, a pledge, a transfer by way of security, a handling, other order or reorganization without before an express written consent of Ballad Audio.

§ 10 Transport Damages; Customer Responsibility of Investigation and Reproval

(1) In case of goods with obvious damage on the packing or in the contents by the delivering, then the customers should immediately complaint to the carrier/freight service and refuse the acceptance. Furthermore contact should be taken immediately with Ballad Audio.

(2) Hidden failures are to be announced immediately after discovering to Ballad Audio.

§ 11 Guarantee

(1) The requirements of the customer against Ballad Audio in case of failure are first limited to reposition. By failure after the third reposition, you have an alternative to resign the sales contract or obtain a reduction of the purchase price after your verbal agreement. Obvious failures have to be immediately communicated in written by the customer, within one week, at the latest, after receiving of the delivery.

(2) Damage, caused by inappropriate or in contrary to the terms of the agreement done by the customer, during installation, connection, operation or storage, does not justify a claim against Ballad Audio. The inappropriateness and adverseness of the contract are determined in particular to the data in the users’ manual.

(3) With the purchase of a used good, the claims of the customer expire, in the case of a failure, after one year, starting from receipting the good.

(4) If the customer is an entrepreneur and the ordered deliverable for its business establishment, the claims expiry starts, in the case of a failure, one year from receipting the good.

§ 12 Liability

(1) Ballad Audio has to substitute only in case of premeditation and gross negligence.

(2) As far as an assignable cause of neglect of duty is based on simple negligence and an essential contract obligation is culpably hurt, the liability of compensation by Ballad Audio is limited to the payment of the proved damage. In case of death, health or body injury is Ballad audio responsible under the provisions of law.

(3) For the rest is liability impossible. The liability will remain unaffected, according to the regulations of the product liability law.

§ 13 Charging Prohibition

(1) The customer is not authorized to add own claims against claims of payments from Ballad Audio, unless, the outstanding bills of the customer are proved to be indisputably or valid.

(2) The customer is not authorized to reply any claims of payment from Ballad Audio for retention rights - also in case of notice of defects; unless it results from the same contractual relationship.

§ 14 Data Protection

(1) The data handling follows according to the conditions valid by the German Federal Law for Data Protection (BDSG) as well as the German Federal Law for Tele Service Data Protection (TDDSG).

(2) All data received from the customer are exclusively levied, processed, used and forward to assigned partners, as far as this is necessary for reasons and executions made clear on the sales contract and for the further business relationship between the customer and Ballad Audio.

§ 15 Ineffective Clauses; Area of Jurisdiction

(1) If one or more regulations of these General terms and conditions (AGB) should be ineffective, then this does not mean the nullity of the entire contract. The ineffective regulation will be substituted by a corresponding legal regulation.

(2) If the customer is a consumer, a trader, a public right incorporate or a public separate estate, Berlin will be the exclusive area of jurisdiction for all directly or indirectly resulting disputes about the contractual relation. The same applies, if a customer does not have a general area of jurisdiction, a customer after signing the contract changed its domicile or moved abroad or its domicile or place of residence at the time of the complaint is unknown.

§ 16 Valid Right

(1) The German right applies to the conclusion and the processing of all contracts.
(2) The UN sale right validity is excluded.
Stand of the revocation instructions: 01.05.2014

(3) If the customer is an entrepreneur, then he does not have revocation and return right in accordance with § 312d BGB associate to §§ 355, 356 BGB.

(4)Consumers may cancel its statement of contract within two weeks without any reasons indication in text form (e.g. letter, fax, email) or returning the good.
The period of time begins with the incoming of the good by the customer. For ensuring the cancellation period, the dispatching of the good or the cancellation is satisfactory.

The cancellation should be addressed:

Fa. Ballad Audio
Kinscherfstr. 24
D-55545 Bad Kreuznach/Germany

Phone 0049-174-9308738
e-mail: balladaudio@googlemail.com

(3) In case of an effective cancellation both sides should be refunded on the benefits received and if applicable the utilization uses taking into account (e.g. interest).

(4) If the received benefits cannot be totally or partly refunded or only in worst condition by the customer, penalty value must be carried out, even if the deterioration occurred by the intended use of the good. By the intended use of the good, this does not apply, if the deterioration of the good happened during its inspection - as would have been possible if the customer had been at the store. For the rest, the customer can avoid the penalty value, by dealing with the good not like an owner do during use and neglecting everything, which may influence the goods value.

(5) In the case of cancellation, the customer is obligated to send immediately the received goods back to Ballad Audio. In case of return of a good, if their purchase orders costs were up to 40. - Euro, the customer is responsible to cover the return costs, as long as the delivered good corresponds to the ordered one. Otherwise the return is free of charge.

(6) The cancellation right according to the conditions in § 312d BGB does not apply for distance selling contracts, for the delivery of goods, which are made according to customer’s specification or clearly made to attend personal needs or which are not suitable for a return due to their condition or can fast suffers deterioration due to exceeded date of the expiration, for the delivery of audio or video records or of software, if the delivered data storage medium were unsealed by the consumer, and in all other legally planned cases.
It applies our general terms and conditions.