General Terms and Conditions of this online store.
1 Scope of application
1.1 These General Terms and Conditions ("GTC") apply to the entire business relationship between HifiPilot GmbH, Höhenstr. 7, 75239 Eisingen, Germany, (hereinafter "HIFI-Pilot") and the customer.
1.2 HIFI-Pilot does not recognize general terms and conditions that conflict with or deviate from these terms and conditions, unless the validity of these general terms and conditions is expressly agreed to. This also applies if the customer submits or accepts an offer with reference to the overriding validity of its own General Terms and Conditions.
1.3 The current version of these General Terms and Conditions shall also apply to all future transactions with the customer. The current version of the General Terms and Conditions can be accessed at any time on the Internet under GTC.
2 Offers, conclusion of contract, form
2.1 Your order constitutes an offer to us to conclude a purchase contract. When you place an order, we will send you a message confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer. A purchase contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second e-mail or a message in your message center in your customer account (shipping confirmation).
2.2 A specific form, in particular written form, is not required.
2.3 Unless otherwise stated, offers from HIFI-Pilot are subject to change. HIFI-Pilot is bound to fixed offers for two (2) weeks in the absence of any other provision. The time of submission of the offer is decisive.
2.4 The customer is not granted any ownership or rights of use to drawings, drafts, layouts, software and other materials and documents that are handed over in the context of offers and contract negotiations. Disclosure to third parties requires the express consent of HIFI-Pilot.
3.1 The contracting parties shall appoint contact persons who shall coordinate all issues relating to the execution of the contract in a binding manner. In the event of absence due to vacation, illness, etc., replacement persons must be named. The parties shall notify each other immediately of any changes in the designated persons. Until such notification is received, the previously named contact persons shall be deemed authorized to make and receive declarations within the scope of their previous power of representation.
3.2 The contact persons shall communicate with each other at regular intervals and as required about progress and obstacles in the execution of the contract.
3.3 HIFI-Pilot will prepare a confirmation to be sent to the customer regarding the exchange of information and the agreements between the contact persons. The confirmation is binding for the agreements of the parties if the customer does not object immediately after receipt.
4.1 The details of the service to be provided by HIFI-Pilot for the customer are set out in the service description within service specifications and/or project contracts.
4.2 Without a separate agreement, HIFI-Pilot is not obliged to hand over interim results, drafts, layouts, source files, etc. leading to the contractual service.
4.3 HIFI-Pilot is entitled to render partial services insofar as these are reasonable for the customer.
5. cooperation services
5.1 The customer shall support HIFI-Pilot in the fulfillment of its contractually owed services. This includes in particular the timely provision of information, materials, data ("content") as well as hardware and software, insofar as the customer's cooperation services require this.
5.2 Content to be provided by the customer must be made available in a common, directly usable digital format.
5.3 If the customer recognizes that his own information, requirements or content are incorrect, incomplete, ambiguous or impracticable, he must inform HIFI-Pilot immediately of this and the consequences recognizable to him.
5.4 Cooperation services of the customer, which are owed within the scope of the contract, are provided without special remuneration, unless expressly agreed otherwise.
6 Changes to services
6.1 If the customer wishes to change the contractually agreed scope of services, he shall inform HIFI-Pilot of this in writing. The latter will examine the customer's change request and its effects on the existing agreement. The review shall be remunerated at HIFI-Pilot's usual hourly rate.
6.2 HIFI-Pilot will inform the customer of the result of the review. It will either submit a detailed proposal for the implementation of the change request or explain why the change request cannot be implemented.
6.3 If the amendment is feasible according to the result of the review, the contracting parties shall agree on the content of the proposal for the implementation of the requested amendment. If an agreement is reached, the contract shall be amended accordingly. If no agreement is reached, the original scope of services shall remain unchanged.
6.4 Agreed deadlines shall be postponed, if and insofar as they are affected by the change procedure, taking into account the duration of the review, the vote on the change proposal and, if applicable, the change requests to be carried out plus a reasonable start-up period. HIFI-Pilot will inform the customer of the new deadlines.
6.5 If HIFI-Pilot wishes to change the contractually agreed scope of services, it will inform the Customer in writing and submit a proposal for implementation in accordance with point 6.2. The further procedure is based on points 6.3 and 6.4. HIFI-Pilot will bear the expenses associated with the preparation of the change proposal.
7.1 HIFI-Pilot is not responsible for delays in performance due to circumstances within the customer's area of responsibility (e.g. failure to provide cooperation services on time) and force majeure (e.g. strike, lockout, general telecommunication disruptions). They entitle HIFI-Pilot to postpone the provision of the relevant services for the duration of the hindrance plus a reasonable start-up time. HIFI-Pilot will notify the customer of delays in performance due to force majeure.
7.2 If the assertion of the customer's rights requires the setting of a reasonable grace period vis-à-vis HIFI-Pilot, this shall be at least two (2) weeks.
8.1 HIFI-Pilot grants the customer the right to use the services for the purposes underlying the contract to the contractually agreed extent, subject to the condition precedent of full payment of the agreed remuneration for the services rendered. Unless otherwise agreed, use is limited to the territory of Germany, Austria and Switzerland.
8.2 If the customer wishes to exploit work designed by HIFI-Pilot in whole or in part beyond the originally agreed purpose or scope, a separate fee agreement to be made in advance is required for the compensation of the rights of use.
8.3 A transfer of the rights of use or the granting of sublicenses is only permitted if it has been expressly agreed or if it results from the purpose of the contract.
8.4 The customer shall not be entitled to modify or edit the services provided without separate permission. This shall not apply to changes and processing that are necessary to achieve the purpose of the contract.
8.5 The customer is obliged to name HIFI-Pilot on the completed work and its reproductions.
8.6 The customer's suggestions or other cooperation have no influence on the amount of the remuneration.
9.1 If the shipping route and means of transport have not been individually agreed, HIFI-Pilot may choose the most favorable option for the shipping route and means of transport. In making this choice, HIFI Pilot will take into account the readily recognizable interests of the customer.
9.2 If the customer requires special packaging, he must bear the additional costs incurred.
10 External services
10.1 As a rule, HIFI-Pilot will order external services necessary for the fulfillment of the order in the name and for the account of the customer.
10.2 The customer is obliged to grant HIFI-Pilot the necessary powers of attorney on request and to provide power of attorney documents.
11.1 If a fixed remuneration has been agreed, HIFI-Pilot is entitled to invoice installment payments for self-contained and independently usable parts of the agreed service.
11.2 If remuneration is based on time spent, HIFI-Pilot's current remuneration rates shall apply in the absence of any other agreement.
11.3 In the absence of any agreement, the fee recommendations of the Bundesverband Digitale Wirtschaft (BVDW) e.V. in Düsseldorf shall apply.
11.4 All contractually agreed remuneration includes packaging and shipping and the applicable statutory value added tax.
11.5 If remuneration is based on time spent, expenses, out-of-pocket expenses and travel expenses incurred by HIFI-Pilot in connection with the order shall be borne by the customer and will be charged at cost price.
11.6 Unless otherwise agreed, cost estimates from HIFI-Pilot are non-binding. If it is foreseeable that the actual costs will exceed those estimated by HIFI-Pilot in writing by more than fifteen (15) percent, HIFI-Pilot will inform the Customer of the higher costs without delay.
12 Terms of payment, right of retention, offsetting
12.1 Unless expressly agreed otherwise, all services shall be rendered in cash and without discount.
12.2 Offsetting against counterclaims is only permitted if these are undisputed or have been legally established. In addition, the customer may offset with a counterclaim which has taken the place of a right of retention to which it is entitled under this contractual relationship.
12.3 The customer's right of retention is limited to the same contractual relationship and, in the event of defects, only to the amount of three times the expenses required to remedy the defects. However, the customer may exercise his right of retention on the basis of undisputed or legally established claims.Supplementary General Terms and Conditions for installment purchase by easyCredit
The following Supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which installment purchase by easyCredit (hereinafter referred to as installment purchase) is used. In the event of a conflict, the supplementary GTC shall take precedence over any other general terms and conditions of the merchant. An installment purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.
2. installment purchase
With the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), the retailer provides you with the installment purchase as an additional payment option for your purchase. The retailer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the order section. If it is not possible to use the installment purchase option due to insufficient creditworthiness or reaching the merchant's sales limit, the merchant reserves the right to offer you an alternative payment option. The contract for an installment purchase is concluded between you and the retailer. There is no payment, but with the installment purchase you decide to pay the purchase price in monthly installments. Monthly installments are to be paid over a fixed agreed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made. The claims arising from the use of the installment purchase are assigned by the merchant to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect. Apart from the general trade supervisory authority, the merchant is not subject to supervision by a supervisory authority. Complaints can be addressed to the merchant by letter or e-mail.
3. payment in installments by SEPA direct debit
With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. The collection will take place at the earliest on the date specified in the pre-notification/advance notice. A later, more timely collection may take place. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification. ratenkauf by easyCredit Status February 2022 Page 2 of 2 You must ensure that your current account has sufficient funds at the due date. Your bank is not obliged to honor the direct debit if there are insufficient funds in your current account. If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the return debit is the result of circumstances for which you are not responsible. TeamBank AG may claim the costs charged by your bank to TeamBank AG for a return debit note for which you are responsible as damages and must be reimbursed by you. You reserve the right to prove to TeamBank AG that you have suffered less damage or no damage at all. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective prime rate of the European Central Bank for each reminder. Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the merchant by transferring the corresponding amount back or by issuing a credit note.
13. claims for defects
13.1 In the event that a delivery is defective, the customer is entitled to subsequent performance. HIFI-Pilot is obliged, at its discretion, to provide subsequent performance in the form of rectification of the defect or delivery/production of a new defect-free item. In the case of a replacement delivery, the customer is obliged to return the defective item.
13.2 If the subsequent performance fails, the customer may, at his discretion, reduce the price or withdraw from the contract without observing a deadline. This shall also apply if the company refuses subsequent performance or if subsequent performance is unreasonable for the customer.
13.3 The limitation period for claims for defects is one (1) year.
14.1 In the event of intent, HIFI-Pilot shall be liable without limitation. In cases of gross negligence and simple negligence in the event of breach of material contractual obligations and in the event of claims for damages in lieu of performance, HIFI-Pilot shall be liable for the foreseeable damage typically occurring. Otherwise, liability for slight negligence is excluded.
14.2 Liability arising from the assumption of a guarantee or a procurement risk, from default, due to damage to life, body and health, in accordance with the Product Liability Act and mandatory statutory provisions remains unaffected.
14.3 The above provisions shall also apply to the personal liability of employees, representatives and vicarious agents.
14.4 The customer shall be liable in accordance with the statutory provisions.
15 Third-party content, domain names
15.1 HIFI-Pilot is not responsible for materials and content provided by the customer. HIFI-Pilot is not obliged to check the materials and content for possible legal violations. However, it will inform the customer in good time of any significant risks that are readily recognizable from its point of view.
15.2 In the event that claims are made against HIFI-Pilot itself on the basis of the materials and content provided by the customer, the customer shall indemnify and hold HIFI-Pilot harmless.
16 Retention of title
16.1 All delivered physical services remain the property (reserved goods) of HIFI-Pilot until all monetary claims of HIFI-Pilot arising from its business relationship with the Customer have been settled in full, even if payments for the specific service have been made.
16.2 The customer must inform HIFI-Pilot immediately in the event of enforcement measures against the goods.
16.3 If the realizable value of the securities existing for HIFI-Pilot exceeds its claims not only temporarily by a total of more than ten (10) percent, HIFI-Pilot shall release securities in the corresponding amount at its discretion at the Customer's request.
17 Confidentiality, naming of references
17.1 The contracting parties agree to maintain confidentiality regarding the content and conditions of this contract and the knowledge gained during its execution.
17.2 Confidentiality shall also apply beyond the termination of the contractual relationship.
17.3 If a contracting party so requests, the documents handed over by it shall be returned to it after termination of the contractual relationship, unless the other contracting party can assert a legitimate interest in these documents.
17.4 Press releases, information, etc. in which one contracting party refers to the other are only permitted after prior written agreement - also by email. Notwithstanding this, HIFI-Pilot may name the customer as a reference customer on its website or in other media and reproduce and disseminate the services provided as part of its own advertising and publicly reproduce and refer to them for demonstration purposes, unless the customer can assert a conflicting legitimate interest.
17.5 The customer is advised that email is an open medium. HIFI-Pilot accepts no liability for the confidentiality of emails. At the customer's request, communication can be conducted via other media.
18 Data protection
18.1 HIFI-Pilot is entitled to store the data relating to the specific order and to process and use this data for operational purposes in accordance with the statutory provisions.
18.2 Disclosure to third parties is permitted if and insofar as this is the subject of the contract, for example when registering domains or similar.
19 Guarantee, warranty
19.1 In the event of defects in the goods, the customer has a statutory right of liability for defects (warranty). The statutory warranty period of 2 years applies to goods delivered by us. The period begins with the delivery of the goods.
19.2 HIFI-Pilot itself does not provide any warranty for the items in our range. In addition, the customer may have claims against the product manufacturers from their warranty declarations (manufacturer's warranties). The guarantee periods of the manufacturer's guarantees are in some cases considerably longer than the statutory warranty period. Manufacturer's warranty promises do not establish a legal relationship with us, but only give the customer rights vis-à-vis the guarantor. However, we will be happy to assist you as part of our service.
19.3 You can contact us in the event of any warranty or guarantee claim. To do so, either send the information by email to email@example.com or contact our hotline on 07232 3640155.
19.4 The buyer's statutory warranty claims, in particular for subsequent performance and, if applicable, compensation for damages in the event of defects, remain unrestricted for the buyer in addition to the manufacturer's warranty.
20. alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court dispute resolution procedure.
21 Final provisions
21.1 Unless otherwise agreed, the place of performance is the location of HIFI-Pilot's branch office.
21.2 The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship as well as its creation and effectiveness is Karlsruhe. This also applies to disputes arising from documents, bills of exchange and checks relating to the contractual relationship. However, HIFI-Pilot has the right to take legal action against the customer before the court at the customer's place of residence or business.
21.3 German law shall apply to all legal issues arising from the order and its execution, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
21.4 Should one or more individual provisions of these GTC be invalid for any reason, this shall not affect the validity of the remaining provisions. Insofar as these GTC contain loopholes, these shall be filled by a provision that takes into account the economic purpose of the contract.