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General Terms and Conditions

General Terms and Conditions

Customer information

§ 1 Basic regulations

  1. The following business terms are applicable to all the contracts, which you conclude with us as a supplier (HMC Hightech Media Components GmbH & Co. KG) via the https://www.kidz-audio.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
  2. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Realization of the contract

  1. The object of the contract is the sale of goods and/or the provision of repair services.
  2. By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
  3. The contract is concluded via the online shopping cart system as follows: The goods and/or repair services intended for purchase are stored in the “shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

    If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

    Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order. By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
  4. Your request for a quotation is non-binding. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
  5. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Provision of services in case of repairs

  1. Insofar as repair services are the subject matter of the contract, we shall owe the repair work resulting from the service description. We provide these services to the best of our knowledge and belief, either personally or through third parties.
  2. You are obliged to cooperate, in particular you must describe the existing defect in the device as comprehensively as possible and make the defective device available.
  3. You bear the costs for sending the defective device to us.
  4. Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
  5. If you exercise your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if you have a statutory right of withdrawal, this only applies if you only exercise your right of withdrawal after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 4 Special agreements related to the offered payment methods

  1. Payment via “PayPal” / “PayPal Checkout”
    When selecting a payment method offered through ‘PayPal’ / ‘PayPal Checkout,’ the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; ‘PayPal’). The individual payment methods via ‘PayPal’ will be displayed under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, ‘PayPal’ may utilize additional payment services; if special payment conditions apply, you will be separately informed of them. Further information about ‘PayPal’ can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
  2. Payment via “Stripe”
    When selecting a payment method offered through ‘Stripe,’ the payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; ‘Stripe’). The individual payment methods via ‘Stripe’ will be displayed under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, ‘Stripe’ may utilize additional payment services; if special payment conditions apply, you will be separately informed of them. Further information about ‘Stripe’ can be found at https://stripe.com/de.

§ 5 Right of retention, reservation of proprietary rights

  1. You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
  2. The goods remain our property until the purchase price is paid in full.
  3. If you are a businessman, the following conditions also apply:
    1. We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands. Pledging or transferring ownership by way of security before the transfer of ownership of the reserved goods is not permitted.
    2. You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
    3. In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
    4. If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty

  1. The statutory warranty rights are applicable.
  2. If we notify you of this prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:
    • for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
    • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
  3. As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
  4. If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  5. Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
    • Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
    • In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
    • The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
      • for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
      • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
      • in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
      • in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.

§ 8 Choice of law, place of fulfilment, jurisdiction

  1. German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
  2. If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
  3. The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

Customer information

1. Identity of the seller

HMC Hightech Media Components GmbH & Co. KG
Knochenhauerstr. 11
28195 Bremen
Germany
E-Mail: support@kidz-audio.de

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

  1. Contract language shall be English.
  2. The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
  3. You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

Codes of conduct

We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

  1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
  2. They include all the price components, including all the incidental taxes. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
  3. If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
  4. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
  5. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
  6. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

7. Delivery conditions

  1. he delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
  2. If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
  3. If you are a businessman, the delivery and shipping operations take place at your own risk.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).

9. Termination

Information on the termination of the contract and the terms and conditions of termination can be found in the section “Repair” section of our General Terms and Conditions of Business (Part I), and in the individual quotation.

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