1.1 These General Terms and Conditions shall apply to all current and future business relationships between Goldster Audio GmbH & Co. KG domiciled in Munich, hereinafter referred to as "Goldster Audio" and its customers.
1.2 Customers within the meaning of these General Terms and Conditions shall be both consumers and contractors.
1.3 Any other General Terms and Conditions which are different from these General Terms and Conditions or which are contrary or supplementary to these General Terms and Conditions shall not be part of the contract, even if these are known, unless the parties expressly agree in writing that such other General Terms and Conditions shall be valid.
1.4 If the goods are ordered electronically, both the wording of the contract and these General Terms and Conditions shall be stored in reproducible format and shall be delivered via email upon customer's request.
2.1 In your capacity as customer you are required to provide true information only. You are required to provide us with any modifications of any material data regarding our business cooperation (e.g. name, address, email address, capacity as consumer) without delay. If wrong data are submitted to us we shall be entitled to cancel any contracts which have already been concluded.
2.2 Goldster Audio orders are not binding. Any technical changes such as changes of the form, colour and/or weight shall be reserved within a reasonable scope.
2.3 Your order shall be deemed as offer for the conclusion of a contract in accordance with these General Terms and Conditions. Your order is your binding declaration of intent to purchase the goods ordered. We shall not be obligated to accept your order. You will be assigned with a customer ordering number upon receipt of your order.
2.4 You will receive an order confirmation from us upon acceptance of your order. We will send you this order confirmation via email. In the event that we are unable to accept your order, we will try to inform you via e-mail or telephone accordingly.
2.5 The information contained on our Goldster Audio Website or those provided by our agents or employees shall be regarded merely as a request to receive orders. This information shall not be deemed as offer aimed at the conclusion of a contract.
Please refer to our order confirmation for further details regarding delivery and the scope of delivery of the products ordered by you.
4.1 The product price will be specified in the invoice sent to you. VAT will be included in consumers' invoices and will be specified as an extra item.
4.2 You shall make payment of the VAT specified on the invoice. If the customer is a contractor, we shall only specify net prices. Statutory VAT is not included in our prices. Statutory VAT will be specified as an extra item on our invoice at the date of invoice.
4.3 You shall bear the delivery costs as specified on the invoice.
4.4 Additional costs (duties, import taxes or charges) may become payable in case of deliveries abroad. These costs shall be borne by you. We shall do our best to inform you about any costs that will be incurred before placing the order. However, we are unable to provide you with a final statement regarding possible taxes or charges and therefore we may recommend that you obtain any such information from the relevant authorities.
5.1 The methods of payment that may be used are mentioned on our Goldster Audio Website. Full payment shall be made within ten days following the receipt of the goods without deduction, providing nothing to the contrary has been agreed upon. The statutory provisions regarding the consequences of delayed payment shall apply.
5.2 Payment shall be made in the currency mentioned on the invoice.
5.3 For payments by credit card you have to provide the necessary details on the ordering form. The amount will be charged to your credit card upon delivery of the products ordered or upon issuance of invoice. Goldster Audio will not commence with the production or delivery of the products ordered, until your credit card company has confirmed the use of your credit card for payment of the products ordered. If such confirmation is not provided by your credit card company, we shall inform you accordingly. The party ordering must be the card holder of the credit card, if payments are made by credit card.
5.4 If you chose to make advance payment, the products ordered will be delivered after we have received your payment. If any advance payment as announced by you is not received on our account within fourteen days following your order placement, Goldster Audio shall be entitled to cancel your order.
5.5 If you wish, you may grant us with a direct debit authorization. Please remember that sufficient funds must be on your account, since otherwise a return debit will be made. You will be charged with any costs that will be incurred by any such return debit for lack of funds or due to wrong data submitted by the customer.
6.1 We shall deliver the products ordered by you to the delivery address specified on the ordering form, unless you pay the products by credit card which shows a different address. Any products paid by credit card shall be sent to the address under which your credit card is operated only.
6.2 The production and delivery periods that we specify upon order placement
are estimations and are without engagement and shall not substantiate any
binding delivery or performance deadlines.
You shall be entitled to cancel your order at any time until delivery of the
goods ordered. Such cancellation shall be made either in writing via email
to order@goldster-audio.com or via telephone at +49 89 78749518.
Please do not forget to specify your customer ordering number.
6.3 If nothing else has been agreed upon, we shall provide your delivery with sufficient insurance. The risk shall be passed to you upon surrender of the goods by our transport agent. If no insurance has been agreed upon for the goods transportation, the risk will pass to you by when the goods are surrendered to a transport agent. The risk will only be passed to us in case of returns to Goldster Audio upon surrender of the goods on the premises of Goldster Audio.
6.4 You will receive an electronic confirmation of the goods' despatch via email after surrender of the product to the transport agent.
6.5 The goods will be delivered based upon your order and at your cost and will be effected by a transport agent to be chosen by Goldster Audio.
6.6 We shall remain the owner of the goods (conditional commodity) until full payment of the purchase price and any additional delivery costs (taxes, import duties, etc.). You are obligated to inform us immediately about any foreclosure proceedings initiated by third parties against the conditional commodity and shall further provide us with any documents which are needed for any intervention. This shall also apply to any other deterioration. Apart from that, you shall inform third parties about the rights existing with the goods beforehand.
6.7 Delayed payment will be subject to the statutory provisions.
Goods which have not been ordered, wrong or defective goods shall be returned to the seller in their original packaging stating the reasons or giving a detailed description of the facts and circumstances. The invoice shall be enclosed with the goods. Any return costs incurred in this respect shall be reimbursed by Goldster Audio.
8.1 You shall be entitled to make use of your contractor's right to refuse performance only, if your counterclaim is based upon the same contractual relationship.
8.2 You shall be entitled to offset only, if your counterclaims have been confirmed by a final and absolute court order, if these are undisputed or if they are expressly acknowledged by Goldster Audio.
9.1 As a consumer, you are entitled to revoke your declaration of intention aimed at conclusion of contract within two weeks from receipt of the goods. You are not required to give any reasons in such revocation and such revocation shall be made in writing or shall be expressed by returning the goods to Goldster Audio; sending such declaration within due time shall be sufficient for observance of the deadline.
9.2 In your capacity as consumer and when making use of your right of revocation, you are required to return the goods in any case where the goods can be sent by parcel. You shall bear the costs for returns made in connection with making use of the right of revocation, unless the goods delivered do not correspond with the goods ordered.
The address of Goldster Audio is:
Goldster Audio GmbH & Co. KG
Halskestr. 12
D-81379 Munich
Germany
9.3 You shall provide a compensation for any loss of value suffered due an impairment/wear of the goods due to their intended use. You may check the goods carefully and diligently. The loss of value suffered by any use exceeding the mere check that will result in the fact that the goods can no longer be sold as "new" goods shall be borne by you.
9.4 You shall have no right of revocation subject to the statutory provisions for goods delivered which have been made according to customer specifications or which have undisputedly been customized for personal needs or which due to their nature cannot be returned.
10.1 If you are a consumer, we shall be liable in case of a defect within the statutory scope, unless no limitations are derived from the following provisions. You shall notify us of any apparent defects within two weeks after occurrence of the defect in writing. If such notification is not made within such term, you will have no warranty rights. This shall not apply in cases in which we have concealed the defect maliciously.
10.2 If you are a contractor, we shall reserve the right to elect the type of subsequent performance in case of defects.
10.3 If you are a consumer, the statutory period of limitation for warranty claims due to defects shall be two years in case of delivery of new things, and one year in case of delivery of used products. Such term shall commence upon passage of the risk.
10.4 If you are a contractor, such period of limitation shall always be one year. Sections 478,479 of the German Civil Code shall not be affected.
10.5 The customer shall not be granted any warranties by us in the legal sense.
Any contractual or non-contractual liability for damages on the part of Goldster Audio, its employees or vicarious agents, no matter on which legal reason they may be based upon, shall only apply, if such damage was caused by gross negligence or intent. Any mandatory liability, i.e. according to the product liability law on the grounds of violation of persons, of human beings or health or due to at least slightly negligent violation of a material contract provision shall not be affected. However, damages for the violation of material contract provisions shall be limited to any foreseeable damage which is typical for the contract, unless caused by intent or gross negligence or if such liability is based upon a violation of persons, of human beings or health. Any such claims shall become statute-barred within one year starting with the arisal of the claim. To the extent that liability for damages against us is excluded or limited, this shall also apply to personal liability for damages of our employees, representatives and vicarious agents.
We may expressly inform you that any applicable import and export
limitations, in particular, those of the United States, the European Union
and of your home country, to the extent these relate to export, re-export,
passing on and selling on of products, shall be complied with.
You further shall omit to (a) export products to other countries into which
such export is prohibited according to the aforementioned legal provisions
and (b) to export products to countries for which an export license or any
other government approval has to be obtained due to the aforementioned legal
provisions, unless you have received such approval already beforehand. You
further confirm that you do not live in a country, to which export of the
products subject to the above legal provisions is prohibited, that you do
not stay there, that you are not subject to its government authority and
that you are not a citizen of any such country, either.
By placing the order, you give your consent that we store your personal data as contained on the ordering form in our system and that we process and use them for the realization of the order. Some of these data will be given to the transport contractor as commissioned by us for handling purposes. You may receive a list of your personal data stored in our system upon written request free of charge. We shall correct any wrong data upon your written request. To the extent you have already given your consent to the use of your personal data within the statutory permitted scope, you may revoke any such consent at any time.
14.1 The laws of the Federal Republic of Germany shall apply. The regulations of the UN Commercial Law shall not apply. Our place of domicile shall be the place of performance and payment, provided nothing to the contrary is specified in the agreement.
14.2 If you are a merchant, a legal person under public law or public
special assets, our domicile shall be the sole place of jurisdiction for any
legal disputes resulting from this contract.
The same shall apply, if you do not have a general place of jurisdiction in
Germany or if your place of residence or usual abode is not known at the
time when the action is brought.
14.3 Safeguarding provision. If any part or provision of this contract should be or becomes invalid, such invalid provision shall not affect the validity of the remaining provisions in this contract. The parties agree to replace the invalid provision by another valid provision that in its meaning is as close as possible to the commercial purpose of the invalid provision.
14.4 If neither we nor you ascertain any rights from a contract in any individual case, this shall not be deemed as a waiver of such right.
14.5 Any legal declarations and information that you have to make as a customer towards us or any third party shall be made in writing.
You may contact us as follows:
via email: order@goldster-audio.com
Telefophone: +49 89 78020813
Fax: +49 89 78020814
by postal mail:
Goldster Audio GmbH & Co. KG
Halskestr. 12
D-81379 München
Germany
Please state your customer or order number, if possible.
Munich, this 18th day of April 2005