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Generic Terms and Conditions (GTC)


A. GENERAL - ALLGEMEINES 

1. Contract Partner

Contracts are concluded with Broadcast & HiFi Service GmbH (hereinafter referred to as BHS-Berlin), Detmolder Strasse 14, 10715 Berlin in Germany, Authorized shareholder: Mr. Roman Boldt, Company registration number at AG-Berlin under HRB206527B , Tax ID: DE815849677, Telephone number: +49 (30) 8514015, E-Mail: info(at)bhs-berlin.de

2. Coverage - Scope

  1. When purchasing goods and ordering services in the BHS-Berlin online shop, the provisions of Parts A and B of these General Terms and Conditions apply, unless expressly agreed otherwise.
  2. BHS-Berlin currently only ships goods within Germany, so the delivery address must be in Germany.

3. Customer and Contractor

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur/Contractor is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

B. Purchase of Goods

1. Prices, shipping, delivery and collection.

  1. The prices listed in the offer at the time of the order apply to orders in the BHS Berlin online shop. The prices given are final prices in euros, i.e. they include all price components and statutory sales tax. Unless otherwise agreed, shipping or delivery is subject to a charge. There are no additional taxes and costs.
  2. Unless expressly agreed otherwise, delivery or shipping costs are incurred when the ordered goods are sent to the customer. These are shown separately during the ordering process and can also be viewed on the website.
  3. Delivery for collection at the Broadcast & HiFi Service GmbH shop is free of charge.
  4. When exercising the statutory right of cancellation (see cancellation policy), the customer can return the goods on site in the shop or send them back to Broadcast & HiFi Service GmbH, Detmolder Strasse 14, 10715 Berlin at his own expense.

 

2. Conclusion of contract, contract language, quantities

  1. The presentation of the items does not constitute a legally binding offer, but rather an invitation to the customer to submit a binding offer to BHS-Berlin. On the order page, the customer can check his entry again. The customer completes the ordering process by clicking on the “Order for a fee” button. The customer has thus submitted a binding order. The process can be canceled at any time by closing the browser window. The customer also receives further information on the individual pages, such as correction options. After receipt of his order in the online shop, the customer automatically receives an e-mail documenting his order. This e-mail confirms that the order has been received by BHS-Berlin; a contract is not yet concluded. An effective contract between the customer and BHS-Berlin only comes into effect if BHS-Berlin accepts the customer's offer by e-mail within three working days. Depending on the selected payment method, a binding contract can already come about beforehand as follows:
    In the case of the “transfer” payment method, when the payment is received on the BHS Berlin credit account; in the case of the “Paypal” payment method, at the time the payment order to Paypal is confirmed.
  2. If the customer chooses insurance for the object of purchase, the insurance contract is concluded with Wertgarantie AG, Breite Straße 8, 30159 Hanover (registry court AG Hanover, HRB 208988). BHS Berlin only mediates the insurance contract and does not become a contractual partner of the same.
  3. The contract is concluded exclusively in German.
  4. All items are only sold in normal household quantities.


3. Product availability, delivery and collection 

  1. The articles presented in the BHS-Berlin online shop are marked with an indication of availability and delivery or pick-up time.
  2. If not all ordered products are in stock, BHS-Berlin is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer and unless otherwise expressly agreed. If the ordered product is not available because BHS-Berlin was not supplied with this product by its supplier through no fault of its own, BHS-Berlin can withdraw from the contract. In this case, BHS Berlin will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available, or if the customer does not want a comparable product to be delivered, BHS-Berlin will immediately reimburse the customer for any consideration already paid.
  3. If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are handed over to the commissioned logistics partner.
  4. In addition to the indication of the pick-up option in the online shop, the customer will also be informed when the order is ready for pick-up at BHS-Berlin. If the customer is not able to collect the order himself, he can authorize a third person to do so. Authorization for collection and the service e-mail "confirmation of collection" as well as a valid identification document are required for collection.

 

4. Storage option, insight into the contract text

The customer can view these GTC on the online shop page. Furthermore, the customer can print out or save these General Terms and Conditions by using the function of his internet browser provided for this purpose. The customer can save his order data, the data summarized on the last page of the ordering process in the online shop, using the functions of his browser, or the customer waits for the automatic confirmation of receipt of the order, which BHS-Berlin also sends by e-mail after completing the order to the address specified by the customer address shipped. BHS Berlin saves the text of the contract and sends the order data by email. The customer can view past orders in his customer account.

 

5. Condition of payment - Terms of Payment

  1. The customer can, if available, pay by Paypal or bank transfer.
  2. When paying by Paypal, the debit is made at the time the customer's offer is accepted by BHS Berlin.
  3. Cash payment or EC cash when picking up the goods in the shop is of course also possible.
  4. Credit cards are currently not accepted as payment.

 

6. Warranty - Gewährleistung

  1. The statutory warranty regulations apply. The statutory warranty claims expire after two years. If the customer buys as an entrepreneur, the claims from the statutory warranty provisions expire in one year. Excluded from this are claims for injury to life, limb or health that are based on a negligent breach of duty by BHS Berlin or an intentional or negligent breach of duty by a legal representative or vicarious agent of BHS Berlin.
  2. The customer's legal claims for defects remain unaffected if there is a guarantee for the ordered goods.
  3. The assignment of claims for defects is excluded unless the customer is a consumer.

 

7.  Reservation of probrieatary rights

The goods remain the property of Broadcast & HiFi Service GmbH until full payment has been made.


8.  Liability - Haftung

  1. Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb and health, as well as liability for other damage based on an intentional or grossly negligent breach of duty by BHS-Berlin, its legal representatives or vicarious agents. Liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected. In the case of a slightly negligent breach of these contractual obligations, BHS-Berlin is only liable for the contractually typical, foreseeable damage, unless the customer claims for damages resulting from injury to life, limb or health.
  2. Paragraph 1 also applies in favor of the legal representatives and vicarious agents of BHS Berlin if claims are asserted directly against them.
  3. The provisions of the Product Liability Act remain unaffected.

 

Final clause - Schlussbestimmungen

  1. These general terms and conditions are exclusively subject to German law to the exclusion of the UN sales law.
  2. For customers who are entrepreneurs, the exclusive place of jurisdiction for all disputes arising from contractual relationships between BHS-Berlin and the entrepreneur is the registered office of BHS-Berlin.
  3. Should any provision be or become void, the remaining provisions shall remain in full force. The statutory regulations shall take the place of the ineffective provision, if any.
  4. BHS-Berlin is not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
  5. Online dispute resolution in accordance with Art. 14 Para. 1 ODR regulation: We would like to point out that the EU Commission has provided an internet platform for the out-of-court settlement of disputes that may arise from online purchases. The EU Commission's platform for online dispute resolution can be reached via the link  https://ec.europa.eu/consumers/odr




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