General Terms and Conditions

General Terms and Conditions of PEAKHOUSE AUDIO, Proprietor Jan Koray

§ 1 General Provisions

1. These terms and conditions apply to all contracts, deliveries, and other services from Peakhouse Audio, owned by Jan Koray, Bergweg 26, 58313 Herdecke (hereafter referred to as "Seller"), regarding the online shop www.peakhouse-audio.de and all associated sub-domains. Any differing customer regulations are not applicable unless the Seller has provided written confirmation. Individual agreements between the Seller and the customers always take precedence.
2. The business relationship between the Seller and customers is subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only if the protection provided is not revoked by mandatory provisions of the laws in the consumer's country of residence. The application of UN Sales Law is excluded.
3. The language of the contract is German.
4. Jurisdiction is Dortmund if the customer is a merchant or a legal entity under public law or a special public fund. The same applies if the customer has no general jurisdiction in Germany or if their residence or habitual location is unknown at the time of legal proceedings.

§ 2 Contract Contents and Conclusion

1. The Seller offers new products, mainly professional audio equipment, for sale in the online shop www.peakhouse-audio.de.
2. A purchase contract is concluded when the Seller accepts the customer’s order. Price listings in the online shop do not constitute a legally binding offer. Order receipt and acceptance will be confirmed via email. Customers may also inquire by phone, email, fax, or letter about specific items, after which the Seller will provide an offer by email, letter, or fax. The contract is established only when the customer accepts the offer.
3. The contract text cannot be viewed after ordering; therefore, please save the contract text.

§ 3 Prices, Shipping Costs, VAT, and Payment

1. The prices stated in the online shop apply to online orders and include statutory VAT.
2. Prices include shipping costs. For orders outside the online shop, the prices indicated in the Seller's offer, also inclusive of shipping costs, apply.
3. Customers may choose payment methods such as prepayment (via bank transfer, PayPal, Sofortüberweisung) or on account (only for schools and government agencies after verification). For prepayment via bank transfer, payment is due within seven calendar days of the contract conclusion. Payment on account is due within seven calendar days of invoicing. Cash on delivery requires payment upon delivery.
4. If a customer falls behind in payment obligations, the Seller may claim damages under legal provisions and/or withdraw from the contract.
5. The Seller will issue an invoice to the customer upon delivery or via email.

§ 4 Delivery and Transfer of Risk

1. Unless otherwise agreed, goods are delivered to the address provided by the customer. Delivery originates from the Seller’s warehouse.
2. Product availability is stated in the item descriptions. Stock items are shipped within 2-3 business days of contract conclusion (or payment receipt for prepayment). If an item is marked as unavailable, the Seller will strive for prompt delivery, though stated delivery times are non-binding unless confirmed otherwise.
3. Partial delivery is permitted if it facilitates quicker processing and does not unduly inconvenience the customer. Additional costs from partial deliveries will not be charged to the customer.
4. The Seller reserves the right to withdraw from contract fulfillment if goods ordered from a supplier are not delivered as expected, provided the Seller is not responsible. If items are undelivered, the Seller will notify the customer and refund any payment made, including shipping costs.
5. The right of withdrawal obligates customers to bear the cost of return shipping if the delivered goods match the order, the price of returned items is below €40, or if they have not provided the payment or a partial payment at the time of withdrawal for items priced higher.

§ 5 Retention of Title The delivered goods remain the property of the Seller until full payment is made. For public legal entities or businesses acting in a professional or independent capacity, the Seller retains ownership until all claims related to the contract are fulfilled.

§ 6 Liability for Defects and Warranties

1. Customers are entitled to statutory warranty rights for defects under the following conditions. If both parties are merchants, §§ 377 ff. HGB applies additionally.
2. Improper handling by the customer during setup, connection, operation, or storage does not warrant a claim against the Seller. Customers may refer to manufacturer instructions for proper handling.
3. Defects must be reported within three years for new items and within one year for used items. For business customers, the warranty period for new items is one year; for used items, warranty claims are excluded. These restrictions do not apply if the Seller has fraudulently concealed a defect or guaranteed specific qualities, nor do they affect claims for compensation for injury or intentional or grossly negligent misconduct by the Seller or its agents.
4. If defects are identified and reported in time, the Seller is entitled to attempt rectification. If this fails, the customer may reduce the purchase price or withdraw from the contract. Otherwise, legal provisions apply.

§ 7 Information Obligation on Transport Damage For deliveries with visible packaging or content damage, customers should promptly report this to the courier service without prejudice to warranty rights and inform the Seller via email or another method.

§ 8 Liability Disclaimer

1. Beyond defect liability, the Seller is liable for damages due to intentional or gross negligence without limitation. Liability also extends to slight negligence in the breach of essential or cardinal obligations, limited to typical foreseeable damages. For other negligently breached obligations, the Seller is not liable.
2. These liability limitations do not apply to damages involving life, body, or health, nor for damages covered by product liability law or those involving defects fraudulently concealed by the Seller.
3. If the Seller’s liability is excluded or limited, this applies to its employees, agents, and representatives.

§ 9 Data Protection

1. Customers are aware that personal data necessary for order processing will be stored. The Seller will handle personal data confidentially and process it according to the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
2. Customers may withdraw consent to data use at any time with future effect, after which the Seller will delete personal data unless active order processing prevents it.

Instruction on the Right of Withdrawal for Distance Contracts for Consumers

Right of Withdrawal for Consumers You have the right to withdraw from this contract within 14 days without providing reasons, starting the day you or a designated third party takes possession of the last item.

To exercise the right of withdrawal, you must inform:

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

with a clear declaration (e.g., letter or email). You may use the withdrawal form provided but are not required to do so.

Consequences of Withdrawal Upon withdrawal, we will refund all payments, including delivery costs, within 14 days of receiving your withdrawal notice. Refunds use the original payment method unless otherwise agreed. Refunds may be withheld until goods are returned.

Exclusions from the Right of Withdrawal The right of withdrawal does not apply to custom-made items, sealed items unfit for return after opening, or specific media items with broken seals.

Additional Terms for easyCredit Installment Purchases and Further Information on Battery Disposal have been omitted for brevity but are similarly detailed in the full terms.

Supplementary General Terms and Conditions for easyCredit Installment Purchase

1. Scope and General Usage Terms
These supplementary General Terms and Conditions (GTC) apply to all contracts between you and the retailer where the easyCredit Installment Purchase (hereafter referred to as Installment Purchase) is used. In the event of any conflict, these supplementary GTC take precedence over the retailer's other general terms. Installment Purchase is only available to customers who are consumers as defined by § 13 BGB (German Civil Code) and have reached the age of 18.

2. Installment Purchase
For your purchase, the retailer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereafter referred to as TeamBank AG), provides Installment Purchase as an additional payment option. The retailer reserves the right to check your creditworthiness; details are provided in the Installment Purchase Data Privacy Notice during the ordering process. If Installment Purchase is not possible due to insufficient creditworthiness or retailer transaction limits, the retailer reserves the right to offer an alternative payment method. The Installment Purchase agreement is formed directly between you and the retailer. No cash payout occurs; instead, Installment Purchase enables you to pay the purchase price in monthly installments. These installments are due over an agreed term, with the final installment possibly differing from previous installment amounts. Ownership of the goods remains with the retailer until payment is made in full. Claims arising from the use of Installment Purchase are assigned by the retailer to TeamBank AG under an ongoing factoring agreement. Payments can only be made to TeamBank AG to discharge the debt. Apart from general business oversight, the retailer is not subject to supervision by a regulatory authority. Complaints may be sent by letter or email to the retailer.

3. Installment Payment via SEPA Direct Debit
By authorizing SEPA Direct Debit with the Installment Purchase, you allow TeamBank AG to collect payments due through Installment Purchase from the bank account you provided during the order process. The collection takes place no earlier than the date indicated on the Pre-Notification. A later collection may occur as well. If the purchase amount is reduced (e.g., due to credits) between the Pre-Notification and the due date, the deducted amount may differ from that indicated in the Pre-Notification. You must ensure that sufficient funds are available in your bank account on the due date. If your bank account lacks sufficient funds, your bank is not obliged to honor the debit. In the case of a return debit due to insufficient funds, unauthorized objection by the account holder, or account closure, you will be in default without a separate notice unless the return debit is due to circumstances beyond your control. Any costs incurred by TeamBank AG for a return debit caused by you may be claimed as damages by TeamBank AG, which you must reimburse. You may provide evidence that no or a lesser loss was incurred by TeamBank AG. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the European Central Bank's base rate. Due to the high costs associated with a return debit, we request that, in the case of a contract cancellation, return, or complaint, you do not object to the SEPA Direct Debit. In such cases, payment will be refunded through a bank transfer or credit in coordination with the retailer.

Important Disposal Notice for Batteries and Accumulators

In accordance with German battery regulations, consumers are legally required to return all used batteries and accumulators. Disposal in household waste is prohibited. Used batteries and accumulators can be returned free of charge at public collection points, in our store (address below), or anywhere similar batteries and accumulators are sold.

Alternatively, you may return the batteries we provided to the following address:

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

By doing so, you make an essential contribution to environmental protection! Batteries or accumulators containing harmful substances are marked with the following symbols to indicate the prohibition of disposal with household waste. Below the symbol, the chemical symbol for the heavy metal is indicated:

• Battery contains cadmium (Cd)
• Battery contains mercury (Hg)
• Battery contains lead (Pb)

Notice under the Packaging Ordinance

According to the Packaging Ordinance, we are obligated to take back the packaging of our products that does not bear a system mark (such as the Green Dot of Duales System Deutschland AG) and to ensure it is reused or disposed of.

For further clarification on returning such packaging, please contact us:

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

We will provide you with a local collection point or waste disposal company that accepts the packaging free of charge. If this is not possible, you may send the packaging back to us:

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

We will reuse the packaging or dispose of it according to the provisions of the Packaging Ordinance.

As a licensee of the dual system, it is no longer necessary to return packaging placed on the market by us after January 1, 2009. You may dispose of it via the dual system, such as through public collection points, like paper and glass containers, or the “Yellow Bag” and/or “Yellow/Blue Bin.” All packaging placed on the market before January 1, 2009, and not marked with a system logo (the "Green Dot") may be returned to us at no cost.

The address can be found in the provider’s imprint.