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§ 1 General Remarks, Scope of Application
1.1. The following General Terms & Conditions shall apply to all offers, deliveries and services by Lehmannaudio Vertriebs GmbH, Richard-Zanders-Str. 54, D-51469 Bergisch Gladbach for the webshop under the domain „headphone-gallery.com“. The applicability of any General Terms & Conditions of the customer is formally excluded unless stipulated otherwise.
1.2. Customers in the sense of these General Terms & Conditions are consumers and entrepreneurs with a consumer being any natural person who buys mainly for private purposes. Entrepreneurs, on the other hand, are any natural or corporate bodies or a legally responsible joint partnership who, when concluding a legal transaction, act in pursuance of their independent professional or commercial activities.
§ 2 Accomplishment of Contract
2.1. The contractual object is the sale of goods.
2.2. The representation of the products in the online shop does not constitute a legally binding offer, but a noncommittal online catalogue. By clicking on the “Buy“ button, a legally binding order will be placed for the items contained in the shopping cart. The acknowledgement of receipt of your order will follow immediately upon sending your order and does not yet constitute a contractual acceptance. We can accept your order by sending an order confirmation via e-mail or by delivering the goods within five days.
2.3. The contract language shall be German.
§ 3 Order / Delivery
3.1. The essential characteristics of the ordered goods are based on the respective product descriptions.
3.2. The delivery shall take place at Lehmannaudio’s risk with DHL or DPD. The consignments will be insured against transport damages for Lehmannaudio. Upon delivery make sure to check the integrity and completeness of the consignment and to have any existing damages on the goods certified. In case of a complaint, please contact us directly at +49 2202 2806240 or by e-mail at email@example.com.
3.3. We will hand over the ordered article to our shipping provider no later than 3 workdays after acknowledged receipt of payment. For deliveries withing Germany the delivery time is usually up to 3 workdays.
§ 4 Revocation
For consumers the statutory right to cancel the contract shall apply.
Right of withdrawal for consumers (a consumer is any natural person who closes a legal transaction for purposes which can mostly be attributed neither to his/her commercial nor to his/her independent professional occupation).
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving a reason.
The cancellation period is fourteen days, calculated from the day
– when you (or a third party appointed by you who is not the carrier) have (has) seized the goods, provided you ordered one or several articles as part of a collective order and this is (these are) delivered in a full consignment;
– when you (or a third party appointed by you who is not the carrier) have (has) seized the last article, provided you ordered several articles as part of a collective order and these are delivered in part consignments;
– when you (or a third party appointed by you who is not the carrier) have (has) seized the final part consignment or the last item, provided you ordered an article which is delivered in several part consignments or pieces.
In order to exercise your right of withdrawal, you must inform us
Lehmannaudio Vertriebs GmbH
D-51469 Bergisch Gladbach / Germany
Phone: +49 2202 2806240
Fax: +49 2202 2806239
by means of an unambiguous declaration (e. g. a written notice sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose you may use the attached sample cancellation form which is, however, not mandatory.
To comply with the notice period, it is sufficient to dispatch the notice stating that you wish to exercise your right of withdrawal before the cancellation period expires.
Consequences of Cancellation
Upon cancellation of this contract we will have to send you a full refund of all payments received from you including the shipping charges (except for any extra costs which may have incurred if you chose another type of delivery than our cheapest standard delivery rate), immediately and within fourteen days at the latest from the day when we have received your message regarding the cancellation of this contract. For this refund we will use the same method of payment which you were using for the initial transaction unless stipulated otherwise with you formally; on no account we will charge you any fees in connection with this refund. We may withhold the refund until we have got the goods back or until you have delivered proof of returning the goods, whichever falls earlier.
You are obliged to ship back or return the goods to us immediately and in any case no later than fourteen days, calculated from the day when you notify us about the cancellation of this contract:
Lehmannaudio Vertriebs GmbH
D-51469 Bergisch Gladbach / Germany
The deadline is met if you dispatch the goods prior to the expiration of the 14-day period. You will have to bear the immediate costs of returning the goods.
You will be held liable for any depreciation of the goods only if such depreciation is due to using them in a way which is not necessary for checking the condition, properties and workings of the goods.
End of Cancellation Policy
§ 5 Prices / Shipping Costs
5.1. The product prices quoted in the online shop by Lehmannaudio under headphone-gallery.com are understood including the relevant legal VAT.
5.2. We deliver free of charge within the Federal Republic of Germany. The shipping costs for the EU customs union are 12.00 EUR (EU customs union: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Israel, Italia, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus, Austria). For the remaining EU (Albania, Andorra, Gibraltar, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland, Turkey) the shipping costs are 25.00 EUR.
5.3. In the event of withdrawal (§ 4 GTC) you will have to bear the regular return expenses.
§ 6 Payment
6.1. Payment shall be effected either by credit card or in advance by bank transfer.
6.2. Invoices are due 7 days upon receipt of the goods without deduction of discount.
6.3. Accruing default charges in case of delayed payment are 3.00 EUR for the 1st and 2nd overdue notice each. If due to false bank account details or an insufficient account coverage a return debit takes place, Lehmannaudio shall be entitled to charge the customer the costs incurred thereby in the amount of 4.50 EUR. The customer shall retain the right to deliver proof of lower costs.
§ 7 Reservation of Ownership
Until receipt of full payment the goods will remain our property.
§ 8 Warranty / Defects
The legal provisions shall apply.
§ 9 Complaints / Dispute Settlement
9.1. In the event of a complaint you are welcome to contact our customer service at firstname.lastname@example.org. We do not take part in a system of Alternative Dispute Resolution.
9.2. According to Article 14 Paragraph 1 of the Regulation (EU) 524/2013, companies who enter into online purchase contracts must offer their customers the possibility of an online dispute resolution in case of consumer disputes. The EU platform for an online dispute resolution (the availability of which lies in the responsibility of the EU) can be contacted here.
§ 10 Choice of Law, Place of Performance, Place of Jurisdiction
10.1. German law shall apply. This choice regarding the governing law shall apply to consumers only to the extent that the protection granted by mandatory statutory provisions of the country, where the consumer maintains his/her habitual residence, is not withdrawn (principle of favourability).
10.2. The place of performance for all deliverables and services resulting from the existing business relations with us and also the place of jurisdiction shall be our place of business unless you are not a consumer, but a merchant, a corporate body under public law or a special fund under public law. The same shapp apply if you do not have a domestic place of general jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time of the institution of legal proceedings. The capacity to appeal to the court at another place of jurisdiction shall remain unaffected by this.
10.3 The provisions of the UN sales law shall explicitly not apply.
We will save this contract text and send you the order data together with our GTC by e-mail. You may also call up the GTC anytime here.
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