General Terms and Conditions

General Terms and Conditions SSB AUDIO GmbH


    1 General

      1. For business relations of any kind between SSB AUDIO GmbH and the customer the following terms and conditions apply in their current version. Customers can be both entrepreneurs and consumers. Consumer means any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor independent professional activity (§ 13 BGB). Entrepreneur is a natural or legal entity or a judicable partnership that in concluding a legal transaction is acting in the execution of its commercial or independent business activity (§ 14 BGB).

      2. The presentation of products in our online shop is not a legally binding offer, but only a non-binding online catalog of the product assortment. By clicking the button "Purchase", "Binding Purchase" the customer issues a binding order of the goods in the shopping cart. An acknowledgment of receipt of the order follows immediately after sending the order. The purchase contract is only valid with our separate confirmation. The contract will be saved and the order information and the terms and conditions will be sent to the customer by e-mail. All previous orders can be viewed by the customer in the login area.

      3. The SSB AUDIO GmbH reserves the right, not to perform the promised service, if it is determined after conclusion of the contract that the goods are not available, although a corresponding obligating transaction was concluded. In such a case, the customer will be notified immediately. Any already paid consideration will be refunded immediately. Further claims against SSB AUDIO GmbH are excluded.

      4. The contract language is German for customers from Germany, Austria, Switzerland and English for all international customers.

      5. In detail, the customer goes through the following technical steps when ordering in the online shop:
      • Click on the button "Add item to cart"
      • Click on the button "Checkout" while the cart is displayed
      • Forwarding to the order summary page (checkout), where, in the following, the individual purchase steps are carried out
      • Step 1 Selection of the "invoice and delivery address" (for the case that the customer does not have a customer account and is not logged in, otherwise invoice and delivery addresses are stored);
        • Entry of the "Invoice Address"
        • If the delivery address differs from the invoice address, you may click on the checkbox "Different Delivery Address" to enter it
      • Step 2 In the next section "All items of your order" are shown in an overview; it is possible to change the contents of the shopping cart or to delete items, or to increase the order quantity.
      • Step 3 Selection of "payment" (by clicking the desired payment method)
      • Step 4 Enter option "Voucher/Coupon". By entering a valid voucher code the amount of the order is reduced.
      • Step 5 Completion of the order by clicking the "Purchase" button

      The customer can get back to the previous step in the order process by using the provided functions of his browser.

       

      2 Delivery

      1. If the customer is an entrepreneur (§ 14 BGB), delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item, also in case of purchase to destination, shall pass to the customer not until the delivery of the item. The handover is the same, if the buyer is in default of acceptance. The delivery takes place to the address provided by the customer.

      2. All prices are cash prices incl. VAT, plus possible packaging and transport costs.

      3. Delivery within Germany costs 5.90 Euros per order. From an order value of 25.00 Euros we ship free of charge within Germany. The shipping costs to other countries can be found at shipping costs. For deliveries to third countries additional duties and fees incur for the customer.

      4. Immediately upon delivery the goods must be examined by the customer or an authorized person to detect transportation damages, if the customer is a merchant within the meaning of the German Commercial Code (HGB).

        The customer who is a commercial trader within the meaning of the German Commercial Code (HGB), must get detectable transport and packaging damage confirmed in writing by the transport company upon receipt of the goods and report them. We ask customers who are consumers, not legally binding, also to report clearly visible transport damage to us.

       
      3 Legal Right of Withdrawal

      1. Right of Withdrawal

      If the customer is a consumer (§ 13 BGB), he has the right to cancel this contract within fourteen days without giving a reason. The revocation period is fourteen days from the day the customer or any third party named by him, other than the carrier, has taken the last goods in possession.

      To exercise the right of cancellation, the customer must inform us (SSB AUDIO GmbH, Sonnenweg 25, 30827 Garbsen, Fon: +49 5131 464272, Fax: +49 7021 9989019, E-Mail: service@SSB-AUDIO.com) by means of a clear statement (e.g., consigned by post mail, fax or email) of his decision to withdraw from this contract. He may use the attached model withdrawal form, but it is not compulsory.
      To meet the cancellation deadline, it is sufficient that the customer mails his notification concerning the exercise of the right of withdrawal before the withdrawal deadline.

      2. Effects of Withdrawal

      If the customer withdraws from this contract, we will reimburse all payments we received from him, including delivery costs (except for the additional costs arising from the fact that the customer chose a method of delivery other than the cheapest standard delivery offered by us) immediately and no later than fourteen days from the date on which the notice of the cancellation of this contract was received by us. For this repayment we use the same method of payment that the customer used in the original transaction, unless expressly agreed otherwise; in any case, the customer will not be charged fees for such repayment. We may refuse reimbursement until we have received the goods back, or until the customer has demonstrated that he has returned the goods, whichever is the earlier.


      The customer has to send back or pass the goods to us promptly and in any event not later than fourteen days from the date on which he notifies us of any cancellation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods.


      The customer only needs to pay for any diminished value of the goods when such loss in value is due to a handling unnecessary to ascertain the nature, characteristics and functioning of the goods.

       3. Exclusion of Right

                      The right of withdrawal does not exist with

      • delivery of goods which are not prefabricated and which require an individual choice or decision by the consumer for their production or which are clearly tailored to the personal needs of the consumer,

      • supply of sealed goods which for reasons of health or hygiene are unsuitable to be returned when they were unsealed after delivery,

      • delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery,

      • delivery of newspapers, journals or magazines with the exception of subscription contracts.

       

      4 SSB AUDIO Warranty and Damages

      1. Defects or damages resulting from negligent or improper handling or improper installation as well as use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by the SSB AUDIO GmbH are excluded from warranty.

      2. A wear based on usage is also excluded from the warranty.

      3. If the customer accepts the goods or the subject of the contract despite knowledge of a defect, warranty claims to the extent described below shall only be valid, if he reserves these expressly and in writing immediately upon receipt of the goods.

      4. Warranty claims arising from transportation damages are due to the customer only, if he has fulfilled his obligation to examine and notify in accordance with § 2 Section 4. This does not apply, if the customer is a consumer.

      5. The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used items is 12 months, if unlimited liability does not apply pursuant to § 4 section 7, in particular for the injury to life, body and health. If the customer is an entrepreneur, the warranty period for new items is one year and for used items it is six months from the passing of risk, if unlimited liability does not apply pursuant to § 4 section 7, in particular for the injury to life, body and health.

      6. Otherwise, the warranty is based on the statutory provisions.

      7. SSB AUDIO GmbH is only liable for other damages than by injury of life, body and health, as far as these damages are based on intentional or gross negligence or culpable violation of an essential contractual obligation by the SSB AUDIO GmbH or an agent (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is violated by negligence, the liability of the SSB AUDIO GmbH is limited to the foreseeable damage.

       

       5 Maturity and Payment Terms

      1. If not agreed otherwise in writing, the invoices of SSB AUDIO GmbH are payable immediately upon receipt without deduction. The payment for cash on delivery shall be made in cash. Prepayment orders will be shipped only after payment. For credit card payments the actual debiting will be made with creating the invoice and the shipping of goods. Directly at the completion of the online order by the customer, the total amount is reserved on his credit card.

      2. SSB AUDIO GmbH reserves the right to reject checks and other non-cash means of payment. They are accepted only as an undertaking to pay. Payments in foreign currency are credited according bank statement. Bank charges are to be borne by the customer.

      3. If the customer is in default with the payment of the purchase price, the sum of the purchase price shall bear five percentage points interest above the base rate during the delay. If a higher default damage verifiably has occurred for SSB AUDIO GmbH, the SSB AUDIO GmbH is entitled to claim it.

       

      6 Retention of Title

      1. Until full payment of all claims against the customer, including any existing ancillary claims, the delivered goods remain the property of SSB AUDIO GmbH, if the customer is a merchant within the meaning of the German Commercial Code (HGB). For contracts with consumers, SSB AUDIO GmbH retains title until full payment of the purchase price.

      2. The customer is not entitled to sell the goods until full payment of the purchase price to a third party or to take other measures which jeopardize the property of SSB AUDIO GmbH. The customer hereby assigns his future claims against the transferee in the amount of the purchase price agreed between the SSB AUDIO GmbH and the customer, plus interest and other subsidiary claims to the SSB AUDIO GmbH. The SSB AUDIO GmbH accepts this assignment.

       

      7 Place of Performance and Jurisdiction

      1. Only German law under the exclusion of the UN Sales Convention (CISG) shall be applicable.

      2. The place of fulfillment for all performances of the existing business relationships with the company SSB AUDIO GmbH is Garbsen near Hannover, if the customer is a merchant, a legal entity under public law or of special fund under public law.

      3. If the customer is a merchant, a legal entity under public law or of special fund under public law, Hannover is the exclusive place of jurisdiction for all disputes directly or indirectly arising from the contractual relationship with the customer or of these General Terms and Conditions.

       

      8 Final Provision

      If any individual of these provisions - for whatever reason - do not apply, the validity of the remaining provisions shall not be affected.