General Terms and Conditions (GTC)

 

1. General
For the business relationship between the company hifi12 a KG as operator of the online shop,  accessible on the Internet at www.hifi12a.de (hereinafter hifi12a) and its customers, only the following General Terms and Conditions (GTC) are applicable in their version which is valid at the time the order is placed . Deviating rules are only valid if they have been agreed in writing between customer and hifi12a.

 

2. Conclusion of Contract  

2.1 The offers of hifi12a via Internet are a non-binding invitation for the customer to order goods online . 

2.2  By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract. By sending the order by the customer, the purchase contract has not yet come into existence.  

2.3 The customer will receive a confirmation of receipt of the order as well as our currently valid General Terms and Conditions (GTC) via email (order confirmation). This confirmation does not constitute acceptance of the offer, but should inform the customer that the order has been received by hifi12a. Furthermore, the customer is requested to pay the contract price, which is the prerequisite for the acceptance of the offer.

2.4  hifi12a reserves the right to refuse incoming order requests for economic reasons, even without explanation.

2.5  A sales contract is concluded only if hifi12a accepts the offer of the customer  by delivering the ordered product to the customer and adding an invoice. The purchase agreement is saved by hifi12a for processing purposes. 

2.6 hifi12a sells the goods offered in its online shop only to legally competent persons and only in common household amounts.

 

3.1 Cancellation policy
Consumer (§ 13 German Civil Code (BGB)) have a statutory right of withdrawal.

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (hifi12a KG, Am Herrengarten 12 A, D-49504 Lotte-Wersen, Tel.: +49 (0)5404 - 9175899, Fax: +49 (0)5404 – 918870, Email: info@hifi12a.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of withdrawal
The right of withdrawal does not apply to distance contracts:

  • for the supply of goods that are not pre-made and for the production of which an individual choice or decision by the consumer is important or which are clearly tailored to the personal needs of the consumer,
    • for the supply of sealed goods which are unsuitable for reasons of health or hygiene to return if they are unsealed after delivery,
    • for the supply of goods, if they were mixed after delivery due to their nature inseparably with other goods,
    • for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery,
    • for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

3.2 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To hifi12a KG, Am Herrengarten 12 A, D-49504 Lotte-Wersen, Fax: +49 (0)5404 – 918870, Email: info@hifi12a.de:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following

goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date
----------
(*) Delete as appropriate.

 

4. Delivery

4.1 All items are immediately, if available from stock, delivered to a home address of the customer.

4.2 The delivery time within Germany is, unless otherwise stated in the offer, a maximum of 10 working days. The  delivery time for european and international shipments amounts to, unless otherwise stated, a maximum of 20 working days. 

4.3 If an item is temporarily unavailable, hifi12a will inform  the customer via email about the expected delivery time, if we have an address from the customer. 

4.4 For delivery delays, such as force majeure, traffic disruption and acts of government, as well as other  occurences for which hifi12a does not bear responsibility, there is no compensation claim against us. 

 

5. Packing and Shipping

5.1 Germany. Deliveries within Germany are free of shipping costs.

5.2 Europe, Zone-1. For delivery in the Member States of the European Union (EU), we charge a postage and handling fee of EUR 11, - per order. From an order of EUR 1.500, - we deliver free of charge up to a maximum weight of 30kg. Items that exceed the maximum weight of 30kg, or bulky items are optionally delivered by freight carrier. We will inform you via email about the exact shipping costs for this prior to shipment.

5.3 Europe, Zone-2. For delivery to the countries Andorra, Liechtenstein, Monaco, Norway, Switzerland, Holy See (Vatican City State), we charge a postage and handling fee of EUR 15, - per order. From an order of EUR 2.000,- we deliver free of charge up to a maximum weight of 30kg. Items that exceed the maximum weight of 30kg, or bulky items are optionally delivered by freight carrier. We will inform you via email about the exact shipping costs for this prior to shipment. Please note that for shipments duty and taxes must be paid when receiving the goods!

5.4 International, Zone-3. For delivery to the countries Bosnia and Herzegovina, Georgia, Gibraltar, Iceland, Croatia, Macedonia, Republic of Moldova, Montenegro, Russian Federation, Serbia, Turkey, Ukraine, Belarus, we charge a postage and handling fee of EUR 39, - per order. The maximum weight is 20kg. Items that exceed the maximum weight of 20kg, or bulky items are optionally delivered by freight carrier. We will inform you via email about the exact shipping costs for this prior to shipment. Please note that for shipments duty and taxes must be paid when receiving the goods!

5.5 International, Zone-4/5. For delivery to the countries Argentinia, Australia, Bahrain, Canada, Hongkong, Israel, Japan, Jordan, Kuwait, Malaysia, Morocco, New Zealand, Oman, Quatar, Saudi Arabia, Singapore, South Africa, South Korea, Taiwan, Thailand, Tunisia, United States, United Arab Emirates, we charge a postage and handling fee of EUR 65, - per order. The maximum weight is 20kg. Items that exceed the maximum weight of 20kg, or bulky items are optionally delivered by freight carrier. We will inform you via email about the exact shipping costs for this prior to shipment. Please note that for shipments duty and taxes must be paid when receiving the goods!

5.6 For international deliveries to countries not listed here, we will calculate the exact shipping costs country- and weight-specific and share them with you prior to delivery by email. Items that exceed the maximum weight of 20kg, or bulky items are optionally delivered by freight carrier. We will inform you via email about the exact shipping costs for this prior to shipment. Please note that for shipments duty and taxes must be paid when receiving the goods!

5.7 Additional deliveries will be sent postage and packing free.    

5.8 If desired, express deliveries are carried out at an additional cost of the respective courier service.

 

6. Payment

6.1 All prices are final, which include the legally applicable VAT (currently 19% in Germany).

6.2 For delivery, the following payment options are possible:

  • International: Credit card.
  • International: Payment in advance (The customer is obliged to transfer the purchase price promptly, stating the order number to the account of hifi12a. hifi12a will process the order as soon as we have received the transfer). When paying in advance, you will receive an email with the exact transfer data. Please enter therefore necessarily your email address and/or phone number in the order so that we can get in touch with you. Please specify in your payment your name and order number, that we can allocate your payment to your order!
  • International: Payment by TransferWise (The customer is obliged to transfer the purchase price promptly, stating the order number to the TransferWise account of hifi12a. hifi12a will process the order as soon as we have received the transfer). When paying in advance, you will receive an email with the exact transfer data. Please enter therefore necessarily your email address and/or phone number in the order so that we can get in touch with you. Please specify in your payment your name and order number, that we can allocate your payment to your order!
  • International: Payment by N26-Money Beam (for customers of N26 Bank). MoneyBeam is an offer from the N26 Bank and allows money transfers in real time by the N26 MoneyBeam (Smartphone app). When paying by MoneyBeam, you will receive an email with the exact payment data. Please send the purchase price stating the order number to hifi12a as a phonebook contact, which must be on your smartphone. hifi12a will process the order as soon as we have received the payment.
  • European Union: SOFORT banking (Instant money transfer. Currently possible in Belgium, Germany, Italy, Netherlands, Austria, Poland, Switzerland, Spain).
  • Germany only: COD Cash on delivery (The customer is obliged to pay the purchase price upon delivery of goods). At COD deliveries an additional collection fee of EUR 6.00 will be charged, which is payable by the recipient. The maximum COD amount is 750, - EUR. A delivery to a packing station at COD deliveries is impossible!

6.3 Until full payment the delivered goods remain our property (retention of title pursuant to §§158, 449 German Civil Code (BGB)). In case of exceeding the agreed payment period, we have to charge reminder and processing fees.

 

7. Warranty
If any shipping damages to the goods are assessed, the receiver has to make immediate notification of claim towards the carrier (shipping service). Other visible transport damages  shall be asserted ​​within 24 hours of receiving the goods to us in writing to the following address: 

hifi12a KG, Am Herrengarten 12 A, D-49504 Lotte-Wersen, Fax: +49 (0) 5404-918870, email: info@hifi12a.de. 

We are not liable for defects arising from faulty handling, normal wear or by outside influences.  For repairs to the goods in personal contribution or through a third party, which took place without our written consent, our warranty claim will expire.

 

8. Limitation of Liability
As long as nothing else arises, further claims of the customer, regardless of the legal reason, are excluded. hifi12a is not liable for damages that are not caused to the item itself, especially hifi12a is not liable for lost profits or other financial damages of the customer. As far as the contractual liability of hifi12a is excluded or limited, this also applies to the personal liability of employees, representatives and agents. The above limitation shall not apply if the damage is caused by intent or gross negligence or a personal injury. It also does not apply if the purchaser claims legal rights. The provisions of the Product Liability Act remain unaffected. 

Unless hifi12a violates an essential contractual obligation, the obligation to compensate for material damage is restricted to the typically arising damage. 

If the supplementary performance has taken place by way of replacement, the customer is obliged to return the original goods within 30 days to hifi12a at our expense. The return of the defective product must be in accordance with the law. hifi12a reserves the right to assert damages under the conditions stipulated by law. The statute of limitations is 2 years. Commencement will take place with delivery of the goods.  

 

9. Privacy Policy
The information you provide will solely be used to process your orders. All information will be treated in the strictest confidence. A transfer of data to third parties (eg shipping services) is made by us only to the extent necessary for processing the order. Transfer of the order information is encrypted and secure, however we accept no liability for data security during transmission over the Internet (eg due to technical problems of the provider) or for possible criminal access to files of our website. Access for the customer login, which is sent to the customer on his request must be treated as strictly confidential by the customer, as we accept no responsibility for the use and application of these data. 

Please read our full privacy policy.

 

10. Copyright
All logos, images and graphics are property of their respective owners and are subject to copyright of the licensor. All the pictures, logos, texts, reports, scripts and programming shown here, which are developed by us or have been prepared by us, may not be copied without our consent or otherwise used. All rights reserved.

 

11. Miscellaneous
We have no influence on, if our suppliers take items out of the program and thus are no longer available or have changed in type and design. If the supplier is able to offer a replacement item, we will let you know. A claim for damages for not deliverable items may not be asserted against us. 

We reserve the right to change the price of individual items. 

 

12. Links on our website 
This website contains links to other websites ("external links"). These websites are the responsibility of the operator. The provider has made ​​the first connection to the external links to external content to establish whether there are any legal violations. At the time no violations were found. The provider has no influence on the current and future design and content of linked pages. The inclusion of external links does not mean that the provider adopts the reference or link content to own. A permanent control of external links is not reasonable for the provider without concrete evidence of legal violations. With knowledge of rights violations, such external links will be deleted immediately.

 

13. Validity of Terms 
By placing an order, the General Terms and Conditions of hifi12a be recognized. If any provision of these Terms and Conditions, for any reason, be invalid, the validity of the remaining provisions shall remain unaffected. 

Verbal agreements require written confirmation.

 

14. Applicable Law
German law applies to the exclusion of the UN Sales Convention (CISG).

 

15. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG
The European Commission provides an online dispute resolution platform (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration agency.