Terms and Conditions
Sonitrade GmbH - General Terms and Conditions of Sale and Delivery (GTC) for online trading
Provider:
Sonitrade GmbH, Carl-Zeiss-Str. 47, 55129 Mainz,
E-mail: info@sonitrade.de, represented by: Mr. N. Iordanov
Contents:
I. Scope
II. General Terms and Conditions of Sale and Delivery for Consumers
III. General Terms and Conditions of Sale and Delivery for Entrepreneurs
VI. Information according to the Packaging Ordinance
I. Scope
(1) These terms and conditions of sale and delivery apply to all business relationships between Sonitrade GmbH (hereinafter "Sonitrade GmbH") and its customers for the use, online ordering and delivery of goods via the website www.iordanov.de and its subpages.
(2) Of the following terms and conditions of sale, Section II applies exclusively to transactions with consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.
(3) For entrepreneurs, only the terms and conditions of sale and delivery for entrepreneurs set out in Section III apply.
II. General Terms and Conditions of Sale and Delivery for Consumers
II. 1. Offer and offer documents
(a) The presentation of Sonitrade GmbH’s product range on the website does not constitute a legally binding offer, but rather a non-binding quotation.
(b) Unless otherwise stated, the prices quoted include statutory VAT.
(c) The customer orders the goods he wants by sending or handing over all the requested information. An item offered in our web shop can be ordered by clicking on the "Add to shopping cart" button and then entering the requested data ("Continue to checkout"). Before submitting the order, you have the opportunity to check your details and correct any input errors. The order process can be cancelled at any time by closing the browser, input errors can be corrected by pressing the "Back" button in the browser or by simply making changes. If all the information is correct, the order becomes binding for you when you click on the "buy" button.
(d) The order placed by the customer is a binding offer. A contract is concluded when Sonitrade GmbH accepts the offer within 14 calendar days. Acceptance occurs by dispatch of the goods or individual confirmation. If Sonitrade GmbH does not accept the order within this period, the customer's offer is void and the customer is no longer bound to it. Automatically sent order confirmations are for the information of the customer only and do not constitute acceptance of the contract.
(c) Sonitrade GmbH is entitled to withdraw from the contract with the customer if and to the extent that Sonitrade GmbH had already concluded a purchase contract for the goods when the contract was concluded with the customer and the goods were nevertheless not delivered unforeseeably and through no fault of its own. In such a case, Sonitrade GmbH will immediately inform the customer of the unavailability of the delivery item and, if Sonitrade GmbH wishes to withdraw from the contract, will immediately exercise the right of withdrawal. In the event of such withdrawal, Sonitrade GmbH will immediately reimburse the customer for any consideration already provided.
II. 2. Due date and offsetting
(a) Our invoices are due for payment immediately upon receipt of the invoice.
II. 3. Terms of payment and delivery
(a) Unless otherwise agreed, delivery shall be made on account.
(b) If delivery against advance payment has been agreed, the delivery period is 5 working days after receipt of the purchase price. Otherwise, the delivery period is 5 working days after notification of the delivery address.
(c) Delivery will be subject to the stated packaging and shipping costs. If the customer requests a special type of shipping that incurs higher costs, he must also bear these additional costs.
(d) In the event of exercising his right of withdrawal, the customer shall bear the regular costs of return up to a value of goods of €40.00 if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of €40.00 or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal.
II. 4. Right of withdrawal
(a) The customer has a right of withdrawal in accordance with the statutory provisions.
(b) In the event of cancellation, the customer shall bear the direct costs of returning the goods.
(c) In all other respects, the provisions relating to the right of withdrawal shall apply as set out in detail in the following cancellation policy:
right of withdrawal
You have the right to revoke your contract within 14 days without giving reasons.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. If you have ordered goods that are delivered in several partial deliveries or pieces, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece. If you have ordered goods that are to be delivered regularly over a set period of time, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first goods.
To exercise your right of withdrawal, you must inform Sonitrade GmbH of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another unambiguous declaration on our website (www.iordanov.de). If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
The declaration should be addressed to:
Sonitrade GmbH
Carl-Zeiss-Str. 47
55129 Mainz
Fax: 069-20308
E-Mail: info@sonitrade.de
Phone: 069-20522
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
If Sonitrade GmbH has delivered goods to you, you must return or hand over these goods to Sonitrade GmbH, Carl-Zeiss-Str. 47, 55129 Mainz, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Sonitrade GmbH
Carl-Zeiss-Str. 47
55129 Mainz
E-Mail: info@sonitrade.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
________________________________________________________________
- Ordered on (*)/received on (*)
________________________________________________________________
- Name of the consumer(s)
________________________________________________________________
- Address of the consumer(s)
________________________________________________________________
- Signature of the consumer(s) (only if notification is on paper)
________________________________________________________________
- Date
________________________________________________________________
*Delete as appropriate
- End of the cancellation policy-
(d) If the customer has paid cash on delivery, the refund will be made by bank transfer to the customer's bank account if the customer withdraws the order. The customer will provide Sonitrade GmbH with the necessary bank details for this purpose.
(e) The right of withdrawal does not apply to distance contracts
- for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded;
- for the delivery of audio or video recordings or software, provided that you have unsealed the data media supplied;
- for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after return,
- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which Sonitrade GmbH has no influence.
II. 5. Liability for defects
(a) The statutory warranty period is 2 years and begins with the handover of the goods.
(b) For used items, the limitation period for claims for defects is 1 year, calculated from the transfer of risk. Further claims remain unaffected insofar as Sonitrade GmbH is liable by law or something else is agreed, in particular in the case of a guarantee or in the case of culpable injury to life, body or health, as well as in the case of intentional or grossly negligent action or omission.
II. 6. Retention of title
(a) Sonitrade GmbH reserves title to the purchased item until all payments arising from the contract have been received.
(b) The customer is obliged to treat the goods subject to retention of title with care.
(c) In the event of seizures or other interventions by third parties, the customer must immediately notify Sonitrade GmbH in writing.
II. 7. Data protection
(a) Sonitrade GmbH stores personal data for order processing and may pass it on to third parties for this purpose. Personal data is information that can be used to determine the identity of the customer. This includes information such as the customer's name, address, postal address and telephone number.
(b) Information that is not associated with the identity of the customer (such as the number of users of the website) is not included. The customer can generally use Sonitrade GmbH's online offering without disclosing his identity.
(c) When the customer places an order, we ask for the customer's name and other personal information. It is the customer's free decision whether to enter this data. We store the information on secure servers in Germany.
(d) Every time our servers are accessed, data is stored for statistical and security purposes. We only record the IP address of the Internet service provider, the date and time, and the website that the customer visits for a limited period of time. This data is used exclusively to improve our Internet service and is not evaluated in a way that can be traced back to the customer.
(e) The contract text will be saved and can be viewed even after the contract has been concluded.
(f) The customer can object to the above-mentioned use and/or processing of his data at any time by notifying: Sonitrade GmbH, Carl-Zeiss-Str. 47, 55129 Mainz (or by email: info@sonitrade.de) or revoke his consent. After receipt of the objection or revocation, the data affected by this will no longer be used or processed.
(g) Details are governed by our privacy policy.
III. General Terms and Conditions of Sale and Delivery for Entrepreneurs
III. 1. Offer and offer documents
(a) Provisions deviating from these General Terms and Conditions shall only apply if they are confirmed in writing by Sonitrade GmbH. This also applies if Sonitrade GmbH provides services without reservation despite knowing that the customer has conflicting or deviating General Terms and Conditions.
(b) Unless otherwise stated, the prices quoted include VAT and shipping costs. The presentation of Sonitrade GmbH's product range on websites, in catalogs or in displays does not constitute a legally binding offer, but rather a non-binding offer.
(c) The customer orders the goods/services he or she requires by sending or handing over all requested information. The order placed by the customer is a binding offer. A contract is concluded when Sonitrade GmbH accepts the offer. Acceptance occurs through delivery or individual confirmation. Automatically sent order confirmations are only for the customer's information and do not constitute acceptance of the contract.
(d) Sonitrade GmbH is entitled to accept the offer within two weeks.
(e) We reserve the right to provide a service equivalent to our offer in price and quality and not to deliver/perform in the event of unavailability.
III. 2. Due date
(a) Our invoices are due for payment immediately upon receipt of the invoice.
III. 3. Terms of payment and delivery time
(a) Unless otherwise agreed, delivery will be made cash on delivery.
(b) Unless otherwise stated, delivery will take place within 5 working days of receipt of the order.
(c) Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's obligation. The right to object to non-fulfillment of the contract remains reserved.
(d) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved.
(e) If the conditions of (d) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer defaults on acceptance or payment.
(f) We are liable in accordance with the statutory provisions if the underlying purchase contract is a fixed-term transaction within the meaning of Section 286 Paragraph 2 No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (HGB). We are also liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further performance of the contract has ceased.
(g) We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(h) We shall also be liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; in this case, however, liability for damages is limited to the damage that was foreseeable and typically occurring at the time the contract was concluded.
(i) Furthermore, in the event of a delay in delivery, we shall be liable for a flat-rate compensation for delay amounting to 3% of the delivery value for each completed week of delay, but not more than 15% of the delivery value.
(j) Other statutory claims and rights of the Customer remain unaffected.
III. 4. Transfer of risk and packaging costs
(a) Unless otherwise stated in the order confirmation, delivery is agreed “ex works”.
(b) If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this regard will be borne by the customer.
III. 5. Liability for defects
(a) The customer’s claims for defects presuppose that the customer has properly fulfilled its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
(b) If there is a defect in the purchased item, Sonitrade GmbH is entitled, at its own discretion, to subsequent performance in the form of remedying the defect or delivering a new, defect-free item. In the event of remedying the defect, Sonitrade GmbH is obliged to bear all expenses required for the purpose of remedying the defect, in particular transport, travel, labor and material costs, provided that these are not increased by the fact that the purchased item was transported to a location other than the place of performance.
(c) If the subsequent performance fails, the customer is entitled, at his discretion, to demand withdrawal or reduction of the price.
(d) Sonitrade GmbH is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents. If Sonitrade GmbH is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
(e) Sonitrade GmbH is liable in accordance with the statutory provisions if a material contractual obligation is culpably breached; in this case, however, liability for damages is limited to the damage that was foreseeable and typically occurring at the time the contract was concluded.
(f) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(g) Unless otherwise provided above, liability is excluded.
(h) The limitation period for claims for defects shall be one year from the transfer of risk.
(i) The limitation period in the event of a delivery recourse pursuant to Section 478 of the German Civil Code (BGB) remains unaffected; it is five years, calculated from the delivery of the defective item.
III. 6. Joint liability
(a) Any liability for damages beyond that provided for under III. 5. is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code. Liability for intentional acts remains unaffected by this.
(b) The limitation under (a) also applies if the customer demands reimbursement of wasted expenditure instead of a claim for compensation for damages or instead of performance.
(c) To the extent that liability for damages is excluded or limited towards Sonitrade GmbH, this shall also apply with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of Sonitrade GmbH.
III. 7. Retention of title
(a) Sonitrade GmbH retains title to the purchased item until all payments from the delivery contract have been received. If the customer breaches the contract, in particular if payment is delayed, Sonitrade GmbH is entitled to take back the purchased item. Taking back the purchased item by Sonitrade GmbH constitutes a withdrawal from the contract. After taking back the purchased item, Sonitrade GmbH is entitled to dispose of it; the proceeds from the disposal are to be credited to the customer's liabilities - less reasonable disposal costs.
(b) The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it at his own expense against fire, water and theft damage to the replacement value. If maintenance and inspection work is required, the customer must carry this out in a timely manner at his own expense.
(c) In the event of seizures or other interventions by third parties, the customer must immediately notify Sonitrade GmbH in writing so that Sonitrade GmbH can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse Sonitrade GmbH for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the resulting loss.
(d) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to Sonitrade GmbH all claims in the amount of the final invoice amount (including VAT) of the claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Sonitrade GmbH's authority to collect the claim itself remains unaffected. However, Sonitrade GmbH undertakes not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application for the opening of a settlement or insolvency proceedings has been made or payments have been suspended. However, if this is the case, Sonitrade GmbH can demand that the customer inform Sonitrade GmbH of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
(e) The processing or transformation of the purchased item by the customer is always carried out for Sonitrade GmbH. If the purchased item is processed with other items that do not belong to Sonitrade GmbH, Sonitrade GmbH acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the item created through processing as to the purchased item delivered subject to reservation.
(f) If the purchased item is inseparably mixed with other items not belonging to Sonitrade GmbH, Sonitrade GmbH acquires co-ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to Sonitrade GmbH. The customer shall safeguard the sole ownership or co-ownership created in this way for Sonitrade GmbH.
(g) The customer also assigns to Sonitrade GmbH the claims to secure the claims against him that arise against a third party through the connection of the purchased item with a property.
(h) Sonitrade GmbH undertakes to release the securities to which Sonitrade GmbH is entitled at the customer's request to the extent that the realisable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is the responsibility of Sonitrade GmbH.
III. 8. Data protection
(a) Sonitrade GmbH stores personal data for order processing and may pass it on to third parties for this purpose. The customer expressly consents to this collection, processing and use of personal data.
(b) The contract text is saved and can be viewed even after the contract has been concluded. The customer can object to the above-mentioned use and/or processing of his data at any time by notifying: Sonitrade GmbH, Carl-Zeiss-Str. 47, 55129 Mainz, (or by email: info@sonitrade.de) or revoke his consent. After receipt of the objection or revocation, the data affected by this will no longer be used or processed.
(c) Details are governed by our privacy policy.
III. 9. Place of jurisdiction and place of performance
(a) If the customer is a merchant, the place of business of Sonitrade GmbH is the place of performance and exclusive place of jurisdiction; However, Sonitrade GmbH is also entitled to bring legal action at the customer's place of business.
(b) The law of the Federal Republic of Germany applies; the application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(d) Should individual provisions of these Terms and Conditions be or become invalid and/or contradict statutory provisions, this shall not affect the validity of the Terms and Conditions in other respects. The contracting parties shall endeavour to mutually replace the invalid provision with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of any gaps in the provisions.
IV. Information according to the Packaging Ordinance
(1) The disposal of packaging shall be carried out at our discretion, in principle, by a comprehensive system within the meaning of the Packaging Ordinance or by third parties commissioned by us.
(2) You can return packaging that we are required to take back in accordance with legal requirements to us free of charge.