Terms & Conditions

Michael Paschenda
MPAudio
Zum Himmerich 1
65597 Hünfelden

 

1. General, Customers, Language

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(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www.mpaudio.net (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).

 

(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).

(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

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(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.

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2. Conclusion of Contract

 

(1) Our offerings in the Online Shop are non-binding.

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(2) The customer can choose from our product range and collect them via the button "add to cart" in a so-called shopping cart. With the button "Place order" he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time time (for this, the zoom function of the internet browser may be helpful). However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions and privacy notices by placing an appropriate tick and thereby included in his application.

 

(3) After the order is placed we send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again and which the customer can print out via the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by us and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by us. A declaration of acceptance will be made within 5 days, either:

a) with a separate e-mail (order confirmation) received by the customer, or

b) by delivery of the goods to the customer, or

c) by request for payment;

should several of the options be met, the option with the earliest conclusion point will be the deciding factor.  

At the latest, the contract text (consisting of the order, terms and conditions, and an order confirmation will be sent to the customer by us on durable medium (email or paper printout) on the delivery of the goods (contract confirmation). The text of the contract is saved while maintaining all data protection contingencies.

 

(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.

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3. Prices, Payment and Payment Options

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(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.

 

(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop) or shall be paid cash on delivery, in each case upon receipt of an invoice. In case of choosing Paypal as payment method a payment fee of 0% of the purchase price including shipping costs will be charged.

 

(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 10 business days upon receipt by the Customer of the product and the invoice.

 

(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision. In the case of defects, however, the counterclaims of the customer remain unaffected.

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4. Dispatch of the Product

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(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price is paid in advance.  If no or no different delivery time is specified for the respective goods in our online shop, the delivery period is 8 working days.

 

(2) If no copies of the product selected by him are available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the supplier looks away from a declaration of acceptance. A contract is not concluded in this case.

(3) If the ordered product will not be available for a foreseeable period of time, provider will also immediately notify the Customer in the order confirmation

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5. Shipment, Insurance and Passing of Risk

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(1) The provider bears the shipping risk if the Customer is a consumer.If the Customer is a Business Customer the risk passes to the Customer upon delivery of the goods to the transport company, provided we only owe the shipment.

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6. Retention of Title and Resale

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(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.

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7. Warranty

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(1) We are liable for material defects in accordance with the relevant statutory provisions.

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(2) An additional guarantee exists only if this was expressly stated.

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(3) Consumers are requested to complain about obvious damage in transit during delivery to the deliverer and to notify the provider within 5 working days; if this is not done, this does not have any impact on the contractual and legal rights to which the buyer is entitled.

 

(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified. Unless otherwise agreed, the warranty period shall be one year upon delivery of the Product.

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8. Liability

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(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

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(2) In the event of a breach of essential contractual obligations that was caused by simple negligence the provider is only liable for the contractually typical, foreseeable damage, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.

(3) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

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(4) Any exclusion or limitation of liability in this Terms shall also apply to the benefit of our agents and servants.

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(5) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

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9. Special provisions regarding repair services

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(1) The present General Terms and Conditions conditions apply mutatis mutandis for any repair services, as far as nothing else results from the following paragraphs.

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(2) In accordance with the statutory provisions of the German Civil Code (Sec.633 et seq.), we provide guarantee for the contractual quality of our services. An additional guarantee exists only if expressly issued.

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(3) Only for Business Customers: Unless otherwise agreed, we are entitled to request reasonable advance payments at regular intervals. After completion of the service, the Customer will accept the service within a period of 2 weeks. After expiry of this period without notice of defects, the acceptance is deemed to have taken place. If the customer refuses acceptance because of not insignificant defects, he must notify us in writing, stating the defects. The customer will set a reasonable deadline for the removal of these defects.

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10. statutory right of revocation

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You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

 

To exercise your right of withdrawal, you must contact us (Michael Paschenda, MPAudio, Zum Himmerich 1, 06438-9283813, contact@mpaudio.net) by means of a clear statement (eg a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not prescribed

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In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

 

Consequences of the cancellation

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In case of withdrawing from this Agreement, we have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment fees. 

 

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

 

(2) The provider informs about the sample withdrawal form according to the legal regulation as follows:

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sample withdrawal form

(If you want to withdraw the contract, please fill in this form and send it back.)

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To: 

Michael Paschenda, MPAudio , Zum Himmerich 1

65597 Hünfelden

contact@mpaudio.net

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I/we (*) hereby withdraw den contract regarding the purchase of the following goods (*)/the provision of the following service (*)

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Ordered on (*)/received on (*)

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Name of the consumer 

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Address of the consumer

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Signature of the consumer (only when notified on paper)

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date

(*)Delete as appropriate.

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11. Data Protection

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(1) In the following we inform about the collection of personal data in business transactions. Personal data means all data that is personally available to you, eg. name, address, e-mail addresses, payment details, ordered goods. Responsible person according to Art. 4 Abs. 7 DS-GVO is Michael Paschenda, MPAudio, Zum Himmerich 1, 65597 Hünfelden, 06438-9283813, contact@mpaudio.net

 

(2) The data are collected, stored and, if necessary, passed on, as far as necessary to provide the contractual services. Therefore the collection, storage and dissemination is carried out for the purpose of fulfilling the contract and on the basis of Art. 6 para. 1 sentence 1 lit. b DS-GVO. Non providing this information may lead to the situation that the contract is unable to be closed. If we deliver goods to you, we will pass on your data to the commissioned shipping company, as far as needed for delivery.

 

(3) To ensure the protection of personal date we maintain current technical measure. These are adapted to be of state-of-the-art of the time.

 

(4) At any time affected persons have the right to request information about the personal data stored with them (Art. 15 DS-GVO). This also applies to the recipients or categories of recipients to whom this data is communicated and to the purpose of the storage. In addition, they have the right under the conditions of Art. 16 DS-GVO, to correct and/or, under the conditions of Art. 17 DS-GVO, to delete and/or under the conditions of Art. 18 DS-GVO to demand to limit the use. In addition, under the conditions of Art. 20 DS-GVO you can request a data transfer at any time. Personal data is only stored for as long as it is necessary for the contractual purpose (this usually corresponds to the duration of the contract) or statutory retention periods exist.

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In case of processing personal data for the purpose of performing public interest tasks (Article 6 (1) sentence 1 (e) DS-GVO) or for attention of legitimate interests (Article 6 (1) sentence 1 (f) DS -GVO), at any time you may object the processing of personal data with future effect. In the case of objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless

- there are compelling, legitimate grounds for processing that exceed your interests, rights and freedoms, or

- the use is necessary for the establishment, exercise, defense of legal claims or litigation.

You may object the use of the data for direct advertisement at any time with future effect. This also applies for profiling, which is related to direct advertisement. In case of opposition, we shall refrain from any further processing of your data for the purpose of direct advertisement.

 

(5) We reserve the right to transmit personal data of the Customer to credit bureaus, as far as this is necessary for the purpose of a credit check, and provided that the Customer expressly agrees in individual cases. Otherwise, we will not forward personal customer data to third parties without the expressly agreed consent of the Customer, except insofar as we are legally obliged to surrender it.

(6) The collection, transmission or other processing of personal data of the Customer for purposes other than those mentioned in this Section 11 purposes is not permitted.

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(7) Depending on the payment method you have selected your payment details will be transmitted to the selected payment service provider. The payment service provider is responsibley for your payment data. 

Information about, in particular about the responsible department of the payment service provider, the contact details of the data security office and the categories of personal data processed by the payment service providers are available at the following Internet address:

 

When paying by Paypal ((PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg): https://www.paypal.com/de/webapps/mpp/ua/privacy-full

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(8) All information requests, revocations or objections to the processing of data should be directed to the contact details stated in paragraph 1. For further information, please refer to the full text of the DS-GVO, which is available on the Internet at https://dejure.org/gesetze/DSGVO, and our privacy policy, which is available on the Internet at [Link]. Furthermore, you have the opportunity to complain to the competent supervisory authority about data protection matters.

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12. Applicable Law and Competent Courts

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(1) The contract of sale existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods.  The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his permenant residence remain unaffected.

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(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Limburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.