Terms of service
§1 Scope of Application
(1) The following General Terms and Conditions (GTC) apply to all purchase contracts that customers conclude with Jens-Marcus Becker - Schall & Rausch Tonträger, Schulstr. 7, D-35305 Grünberg (hereinafter referred to as "SRT") by placing orders in this webshop. The GTC apply in the version at the time of ordering.
(1a) Company headquarters, address, delivery address: Schall & Rausch Tonträger, Schulstr. 7, D-35305 Grünberg
(2) Customers within the meaning of these GTC may be private consumers or entrepreneurs.
(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a transaction, acts in the exercise of his commercial or independent professional activity.
§2 Conclusion of Contract
(1) A contract can only be concluded with a registered customer.
(2) The items listed by SRT contain fixed prices that serve as the basis of the contract. Written offers of any kind are always subject to change and non-binding, unless they are expressly and in writing designated by SRT as fixed prices with a period of validity.
(2a) In the case of an order at a fixed price directly via the shopping cart, a purchase contract is concluded.
(2b) An order confirmation will be issued. All orders are only considered binding when they are confirmed in writing or by delivery with invoicing by SRT. A confirmation of receipt of an order does not yet constitute a binding acceptance by SRT.
(3) The contractual text of the valid GTC must be saved by the buyer independently at the time of ordering.
(4) SRT reserves the right to only sell customary quantities to end customers.
§3 Prices, shipping costs
All prices quoted for new goods are final prices including legally valid VAT without shipping costs. Invoicing will be carried out separately with the applicable value added tax. The costs for shipping and packaging are shown separately in the shopping cart and are based on the currently valid online prices of DHL, Hermes, DPD and GLS and packaging costs. In the case of used goods, taxation is subject to margin taxation. All prices are in Euro (€) plus freight and packaging costs. The details of the current shipping costs can be found separately in the menu under "Shipping". Offers and prices from SRT are valid as long as stocks last and stock is available in the shop, after which prices are subject to change, the offer is non-binding and SRT reserves the right to change prices.
§4 Delivery / Packaging / Inserts, Flyers (§6 Packaging Ordinance)
(LUCID registration number: DE5256529070198)
Goods in stock are shipped in special record shipping boxes within 1-3 days. Delivery will be made to the address specified in the order. Partial deliveries are permissible if they are reasonable for the customer. Delivery is made by shipping service provider with proof of shipment and insured shipping. Any customs or import fees at the respective delivery address of the buyer are to be paid by the buyer. SRT will inform the customer immediately in the event of delivery delays on the part of the shipper as soon as they become aware of the delivery delay. If SRT is in default of delivery, the liability for damages is limited to foreseeable damages if these are based on slight negligence. Further claims for damages only exist if the delay is due to intent or gross negligence. SRT provides various shipping options that can be selected by the buyer himself. SRT cannot guarantee delivery times. The following transit time estimates are provided by the transport companies: DHL Germany approx. 2-4 working days, Deutsche Post Letter Germany approx. 2-5 working days, GLS Germany approx. 1-4 working days.
In accordance with §6 of the Packaging Ordinance, SRT points out that almost exclusively packaging that has already been used is used and that no (new) packaging is used for the first time on the market. The packaging comes from goods purchased and from upstream suppliers. This gives rise to the fact that reusable packaging is more resource-efficient and causes less waste. SRT is expressly happy to take back the packaging, as multiple use makes sense in terms of ecological and economic aspects. This fulfils the purpose of the Circular Economy Act.
§5 Terms of Payment / Payment Options
The customer has the option of choosing between the following payment options: prepayment by bank transfer, PayPal payment, cash payment on pick-up. SRT invoices are due immediately without deduction if no other payment deadline is specified on the invoice. A payment is only considered to have been made when the claim amount has been credited to the bank account or Paypal account.
§6 Retention of Title
The goods remain the property of SRT until full payment has been made. The retention of title also remains in place for all claims that should arise subsequently.
§7 Liability, copyright, right of set-off and right of retention
(1) For ordered goods, there is a statutory right to liability for defects in accordance with the statutory provisions.
(2) SRT shall not be liable for damages regardless of the subject matter.
(3) SRT excludes liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG).
(4) As a provider, SRT is responsible for its own content in the offers in accordance with general laws in accordance with § 7 para. 1 TMG. According to §§ 8 to 10 TMG, SRT is not a service provider and is also not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
(5) Created content and images on this page are subject to copyright. The article images used were taken by SRT itself. Duplication, editing, distribution and any kind of exploitation or use is prohibited. Violations will be prosecuted. Copyrights of third parties are observed. All product and manufacturer names, brand names and other legally protected terms, logos or images of third parties in the article description are subject to the copyrights of the respective rights holder without restriction. Names and designations are only used in the text of the offer to properly describe the item for sale. If SRT uses third-party images, permission has been obtained from the upstream supplier or the rights holder.
(6) The phonograms supplied by SRT are intended for private use. Any further use as well as lending or rental is prohibited and may be prosecuted.
(7) The Customer shall only be entitled to offset if the counterclaim is undisputed, legally established or acknowledged by the Provider. The customer can only exercise a right of retention insofar as the claims arising from the same contractual relationship are involved.
§8 Warranty
Statutory warranty obligations are observed. In the event of damage after opening the original packaging (see "Revocation" 1a), the customer can demand subsequent performance (exchange) or refund against delivery of the damaged goods. The costs for subsequent performance shall be borne by SRT. Due to the nature of the goods, repair is not advisable in the event of damage and replacement would be preferable. In the event of transport damage, the shipping service provider is liable for the damage and the shipping costs. Transport damage must be reported to SRT by the buyer immediately upon receipt with photographic material. SRT settles the transport damage with the sender and ensures replacement or repayment. Insofar as the customer is an entrepreneur and the order is made for his commercial enterprise, the following shall apply in deviation from the aforementioned above:
The customer is obliged to inspect the goods immediately and with the necessary care for quality and quantity deviations and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods, timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. In the event of a breach of the duty to inspect and to complain, the assertion of warranty claims is excluded.
§9 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR). https://ec.europa.eu/consumers/odr/.
SRT is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
$10 Right of revocation (§§ 246, 312 and 355 to 359 BGB and others)
(1) Buyers have the right to revoke the contract (distance contract, i.e. contract via the Internet) within 14 days of delivery within 14 days of delivery without giving reasons.
(1a) If there is a defect or damage after opening a new product, this is usually due to an error in the manufacturing process. In this case, there is the right to return or, alternatively, SRT can arrange for an exchange. To document and prove the damage, SRT needs images and acoustic proof.
(1b) Used goods are excluded from return, provided that the item is free of damage and defects. However, SRT also grants a right of return of 14 days for used goods.
(2) The revocation results in a withdrawal from the contract and a rescission takes place, i.e. a return shipment initiated by the buyer. In the event of his withdrawal, the buyer must bear the costs of the return shipment himself! In the event of transport damage, the shipping service provider is liable for the damage and the shipping costs. Transport damage must be reported to SRT by the buyer immediately upon receipt with photographic material. SRT will settle the transport damage with the shipper and arrange for replacement or refund. This also applies to hidden damage to the property that only becomes visible afterwards - see 1a.
(3) The return shipment after revocation should take place within 10 working days to the seller.
(4) The refund of the purchase price will be made within three days of receipt of the goods, provided that they were in the same condition as when they were originally shipped. If the original packaged goods have been opened, the full purchase price can no longer be refunded. Discounts are agreed on a case-by-case basis.
(5) To cancel your withdrawal, send SRT an informal notification via the sales platform or use the following sample text by post or email and return the goods.
return to:
Schall & Rausch Tonträger
Schulstr. 7
35305 Grünberg
E-Mail: info@s-r-t.de
Telefon: +49 (0) 170 6088635
Sample form
Revocation
I hereby revoke
- Name and address of the buyer -
..................................................
..................................................
..................................................
the contract concluded with
Schall & Rausch Tonträger, Schulstr. 7, 35305 Grünberg
(E-mail: info@s-r-t.de)
about the purchase of the following goods:
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
Order No: ..................
ordered on ..................
Date, signature of the buyer
______________________________________
§11 Miscellaneous
(1) The place of performance and jurisdiction shall be Giessen if both parties are merchants and a place of jurisdiction can therefore be agreed between the parties. For private individuals, there is no jurisdiction agreement, but the legal place of jurisdiction.
(2) German law shall apply. The language of the contract is exclusively German.
(3) Ancillary agreements must be made in writing and with the consent of both parties.
§12 Protection of minors
If sound recordings are provided with age rating for reasons of youth protection, I undertake to carry out the dispatch exclusively with proof of age in order to observe or comply with legal youth protection regulations.
Last update: 02.01.2025
Responsible for content: Jens-Marcus Becker
source: e-recht24.de
