1.1 These General Terms and Conditions (hereinafter "GTC") of David Kern, acting under "KernSoundboard" (hereinafter "Seller"), apply to all contracts;The following applies to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “customer“) concludes with the seller with regard to the goods displayed by the seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply mutatis mutandis, unless expressly agreed otherwise.
1.3 consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership which, at the conclusion of a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. The customer may also submit the offer to the seller by telephone, e-mail, post or via an online contact form.
2.3 The Seller may accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending the Customer's order. The Seller shall not make the contract text available to third parties beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data shall be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.5 Before binding submission of the order üvia the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, which is used to zoom the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 For the conclusion of the contract only the German language is available.
2.7 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 näh;here Information on the right of revocation result from the revocation instruction of the seller.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. If necessary, additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. remittance fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.1 Goods shall be shipped to the delivery address specified by the customer, unless otherwise agreed. The delivery address indicated in the order processing of the seller is decisive for the transaction.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this shall not apply with regard to the costs of the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the provision made in the seller's revocation policy shall apply to the costs of sending the goods.
5.3 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the Seller, collect the goods from the Seller's registered office. In this case, no shipping costs will be charged.
5.4 vouchers will be left to the customer as follows:
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims.
8.1 vouchers that can be purchased via the Seller's online store (hereinafter referred to as "gift vouchers") may only be redeemed in the Seller's online store unless otherwise stated in the voucher.
8.2 Gift vouchers and balance of gift vouchers are redeemable until the end of the third year after the year of purchase. Remaining credit will be credited to the customer until the expiry date.
8.3 Gift Certificates can only be redeemed prior to the completion of the order process. A subsequent billing is not possible.
8.4 When placing an order, several gift vouchers can also be redeemed.
8.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift certificates.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
8.8 The Gift Certificate is ütransferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, business incompetence or lack of power of representation of the respective owner.
Für all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The salesman is neither obligated nor ready for the participation in a dispute settlement procedure before a consumer arbitration board.