General Terms and Conditions of PEAKHOUSE AUDIO, Owner Jan Koray

§ 1 General

(1) These terms and conditions apply to all contracts, deliveries, and other services of Peakhouse Audio, owner Jan Koray, Bergweg 26, 58313 Herdecke (hereinafter referred to as “Seller”), regarding the online shop www.peakhouse-audio.de and all sub-domains belonging to the domain. Divergent provisions of the customers do not apply unless the Seller has confirmed them in writing. Individual agreements between the Seller and the customers always take precedence.

(2) The business relationship between the Seller and the customers is subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence. The application of the UN Sales Convention is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is Dortmund, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the domicile or habitual residence is unknown at the time of filing a lawsuit.

§ 2 Contract Content and Conclusion of Contract

(1) The Seller offers the customers in the online shop www.peakhouse-audio.de new goods, especially professional sound technology, for purchase.

(2) When purchasing in the online shop, a purchase contract is concluded by acceptance of the customer’s order by the Seller. Price indications in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.

The customer also has the option to inquire by phone, e-mail, fax, or letter about a specific article with the Seller. After receiving such an inquiry, the Seller submits a corresponding offer to the customer by e-mail, letter, or fax. A contract is only concluded when the customer accepts this offer.

(3) The contract text can no longer be viewed after the order. Therefore, we ask you to save the contract text.

§ 3 Prices, Shipping Costs, VAT and Payment

(1) For orders via the online shop, the prices stated there apply. All prices include statutory VAT.

(2) Prices include shipping costs. For orders outside the online shop (§ 2 (3)), the prices stated in the Seller’s offer apply, also including shipping costs.

(3) Delivery to customers is made according to the customer’s wishes by the following payment methods: prepayment (by bank transfer, PayPal, Sofortüberweisung, invoice (only for schools and authorities after verification)).

If the customer chooses prepayment by bank transfer, payment is due no later than 7 calendar days after conclusion of contract.

For delivery on invoice, payment is due no later than 7 calendar days after invoicing.

If payment is made by cash on delivery, the purchase price plus cash on delivery fees is due upon delivery and presentation of the cash on delivery slip by the transport company.

(4) If the customer is in default with payment obligations, the Seller can claim damages according to statutory provisions and/or withdraw from the contract.

(5) The Seller always issues an invoice to the customer, which is handed over upon delivery of the goods or otherwise sent in text form.

§ 4 Delivery and Transfer of Risk

(1) Unless otherwise contractually agreed, the ordered goods are delivered to the address provided by the customer. Delivery is made from the Seller’s warehouse.

(2) The availability of individual goods is indicated in the product descriptions. Stock goods are shipped by the Seller within 2-3 working days after conclusion of contract (in case of prepayment by bank transfer: within 2-3 working days after receipt of payment), unless otherwise agreed. If goods are marked as out of stock in the online shop, the Seller will endeavor to deliver as quickly as possible. Delivery times are non-binding unless a binding delivery date has been expressly promised by the Seller.

(3) The Seller reserves the right to make partial deliveries if this appears advantageous for prompt processing and is not unreasonably burdensome for the customer. Any additional costs arising from partial deliveries will not be charged to the customer.

(4) The Seller reserves the right to be released from the obligation to perform the contract if the goods are not delivered by a supplier on the day of delivery. This reservation only applies if the Seller is not responsible for the non-delivery and has concluded a congruent hedging transaction with the supplier in time. If the goods are not delivered, the Seller will inform the customer immediately and refund any purchase price and shipping costs paid.

The risk of accidental loss and deterioration of the goods passes to the customer upon handover. If the customer is an entrepreneur, the risk passes upon delivery of the goods to the carrier, freight forwarder, or other person designated to perform shipment.

(5) In case of exercising the right of withdrawal, the customer must bear the regular costs of return shipment if the delivered goods correspond to the ordered ones and the price of the returned goods does not exceed 40 Euros or if the customer has not yet provided the consideration or a contractual partial performance.

§ 5 Retention of Title

The delivered goods remain the property of the Seller until all claims arising from the contract have been fulfilled; in the case that the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of their commercial or independent professional activity, the retention of title applies until settlement of all claims arising from the ongoing business relationship with the Seller.

§ 6 Liability for Material and Legal Defects

(1) If defects exist, the customer has statutory warranty rights according to the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB apply in addition.

(2) Damages caused by improper actions of the customer during installation, connection, operation, or storage do not justify warranty claims against the Seller. Instructions for proper handling can be found in the manufacturer’s documentation.

(3) Defects must be reported by the customer within a warranty period of three years for new goods and one year for used goods. If the customer is an entrepreneur, the warranty period for new goods is one year; for used goods, warranty claims are excluded. The above liability limitations do not apply if the Seller has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. They also do not apply for claims for damages due to bodily injury or health damages caused by a defect for which the Seller is responsible, or for intentional or grossly negligent misconduct by the Seller or its agents.

(4) If defects exist and have been reported in time, the Seller is entitled to subsequent performance. If this fails, the customer is entitled to reduce the purchase price or withdraw from the contract. Otherwise, statutory provisions apply.

§ 7 Information Obligations in Case of Transport Damage

If goods are delivered with obvious damage to the packaging or content, the customer must immediately complain to the carrier/freight service without prejudice to warranty rights (§ 7) and contact the Seller immediately by e-mail or other means (fax/post) so that the Seller can assert claims against the carrier/freight service.

§ 8 Exclusion of Liability

(1) Outside liability for material and legal defects, the Seller is liable without limitation only if the cause of damage is intentional or grossly negligent. The Seller is also liable for slight negligence if essential contractual obligations (cardinal obligations) are breached, but only for foreseeable typical contractual damages. For slight negligence of other obligations, the Seller is not liable.

(2) The liability restrictions of the preceding paragraph do not apply in cases of injury to life, body, and health, for defects after the assumption of a guarantee for the product quality, or for fraudulent concealment of defects. Liability according to the Product Liability Act remains unaffected.

(3) If liability of the Seller is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

§ 9 Data Protection

(1) The customer is aware and consents that personal data required for processing the order will be stored by the Seller on data carriers. The customer expressly agrees to the collection, processing, and use of their personal data. The stored data will be treated confidentially. Data handling is done according to the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

(2) The customer has the right to revoke consent at any time with future effect. In this case, the Seller must immediately delete the personal data. Ongoing orders will be processed until completion.

Information on the Right of Withdrawal for Consumers in Distance Selling Contracts

Right of withdrawal for consumers

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last goods.

To exercise your right of withdrawal, you must inform us:

Peakhouse Audio
Owner Jan Koray
Bergweg 26
58313 Herdecke
Phone: 02330 / 892 88 52
E-mail: shop@peakhouse-audio.de

by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the communication before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse all payments received from you, including delivery costs (Germany only and except additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive your withdrawal notice. We will use the same payment method for reimbursement that you used for the original transaction unless expressly agreed otherwise. In no event will you be charged fees for such reimbursement. 

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day you inform us about your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. 

You bear the direct costs of returning the goods unless the goods delivered are not as ordered. You are only liable for any diminished value of the goods if this loss in value results from handling the goods other than what is necessary to establish their nature, characteristics, and functioning. 

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period. We bear the costs of returning the goods, except for returns that must be shipped by freight forwarder. Customers within the EU but outside Germany bear the costs of return shipping.

You are only liable for any loss in value of the goods if this loss in value results from handling the goods beyond what is necessary to check their condition, characteristics, and functioning.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to: