Exclusively the following Terms and Conditions will govern business relations between Fiedler Audio (referred to in the following as “FIEDLER AUDIO”) and the Webshop Customer. FIEDLER AUDIO will not acknowledge any different terms and conditions of the Customer, unless FIEDLER AUDIO has explicitly agreed to them in written form.
1. Formation of Contract
The offers featured at the FIEDLER AUDIO Webshop are always subject to change without notice, unless a specific blocking period is explicitly mentioned.
All prices given include the sales-related tax (sales tax, VAT, etc.) required by law and do not include despatch costs.
Prior to submitting the online order, the Customer will be able to check and, where necessary, correct all details (e.g. name, address, form of payment and articles ordered).
By going through the FIEDLER AUDIO online order placement process, entering all the information required there and clicking the button „Place order”, the Customer submits its binding willingness to enter into a purchase contract with FIEDLER AUDIO. The Customer agrees to having the sole responsibility for the correctness of his billing address as it is an integral part of calculating taxation if required by law. Any damage, loss or legal consequence resulting in wrong billing data bears the Customer, independent of willful intent.
FIEDLER AUDIO can accept this offer to contract (and hence enter into the contract with the Customer) within 14 days by sending either an order confirmation or the items ordered.
With products on offer by FIEDLER AUDIO in file form (for downloading), the contract will come into effect upon FIEDLER AUDIO permitting the Customer to download.
2. Downloading Files
FIEDLER AUDIO provides the Customer who has access to Internet the opportunity of downloading files of text, audio or video content onto a computer of the Customer with Internet connection.
In this respect, the Customer is conceded a personal, non-exclusive and non-transferable license to use the downloaded file for the contractual intended purpose. The contractual intended purpose includes the duplication or transfer of the file to another data carrier (e.g. blank CD) or to another recording device solely for the personal use of the Customer. Any use in excess of that granted by the license, in particular the letting, broadcasting, public demonstration, re-licensing of the file, rendering it available in Internet or on other electronic networks (file sharing) or any other commercial use of the file is impermissible.
Non-compliance will result in the extinguishment of the license conceded.
Contractual relations between FIEDLER AUDIO and the Customer do not include any other transfer of copyright-related industrial rights of use, ancillary copyright protection or other commercial rights (e.g. protective rights of trademark, name or title).
FIEDLER AUDIO will not be liable for any temporary or permanent breakdown in the transfer of the data to the Customer’s server. FIEDLER AUDIO will also not guarantee the continuous availability of the downloads on offer, e.g. upon failure of the transport provider or when maintenance work is being carried out.
To make use of the FIEDLER AUDIO downloads on offer, certain technical systems are required (e.g. computer hardware, software, telecommunications services), which will incur further costs for the Customer, in particular connection fees. The responsibility for the functionality and costs of these technical systems lies solely with the Customer. In this respect FIEDLER AUDIO will bear neither guarantee nor liability.
3. Consumer’s Right of Cancellation
Consumer customers will be entitled to cancel the contract subject to the following:
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 of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, Fiedler Audio, Rhönstr. 20, 97786 Motten, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post 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.
You will lose your right of withdrawal, if we have started to perform the contract after you have
1. expressly consented to us starting the performance of the contract before the withdrawal period has expired, and
2. confirmed your acknowledgment that you thereby lose your right of withdrawal.
The right of revocation does not exist for
- distance contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return, and
- for distance contracts for the delivery of audio or video recordings or of software, where the seal of the data carriers has been broken by the consumer.
4. Offset, Retention
The Customer will only be entitled to offset if its counterclaims have been established by declaratory judgment or have been acknowledged by FIEDLER AUDIO. Moreover the Customer is only authorized to exercise a right of retention where its counterclaim is derived from the same contractual relations.
5. Terms of Guarantee
For all the products in our shop exists a legal guarantee of conformity for goods.
Unless otherwise agreed in the following, any other claims of the Customer – derived for whatever legal reason – will be ruled out. For this reason, FIEDLER AUDIO will not be liable for damages generated on the article delivered itself; in particular FIEDLER AUDIO will not be liable for losses in profits or for any other financial losses suffered by the Customer. Where the liability of FIEDLER AUDIO is ruled out or restricted, this will also apply for the personal liability of employees, representatives and vicarious agents.
The above restriction of liability will not apply if the damages suffered are attributable to willful intent or gross negligence. It will also not apply if the Customer asserts claims under the Product Liability Act.
Should FIEDLER AUDIO violate a significant duty of the contract, the duty to compensate for material damages will be restricted to those that are incurred typically.
All damages attributable to natural wear-and-tear, to improper use of the article and to inadequate or erroneous care will not be covered by guarantee.
FIEDLER AUDIO will not be liable for the downloading of files if the cause of the defective transfer lies within the sphere of responsibility of the Customer (e.g. using non-compatible hardware and/or software) or of third parties appointed by the Customer (Internet provider, telecommunications provider).
6. Data Protection
7. Applicable Law
In case the customer is not a consumer, all contractual relations shall be governed by and construed in accordance with german substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8. Place of Performance and Place of Jurisdiction
Place of performance is Motten.
Jurisdiction for any and all claims and disputes arising from the contractual relations will lie with the proper courts at Schweinfurt/Frankfurt, providing the Customer is a business person.
9. Participation in dispute settlement proceedings for consumers
We are willing to participate in dispute settlement proceedings before a consumer conciliation board.
Information regarding online dispute resolution:
The European Commission provides an official website dedicated to helping consumers and traders resolve out-of-court disputes arising from the purchase of goods or services online. The Online Dispute Resolution website can be reached via the following link: http://ec.europa.eu/consumers/odr.
10. Clause governing the Written Form/ Severability Clause
Additional or differing arrangements will require the written form and will only then become component of the contract. Should any of the above provisions be inoperative in whole or in part, the validity of the remaining provisions will not be affected hereby.