Terms and condition of deejay.de e.K.

1. Area of application

For the business relations between deejay.de eK and the purchaser is subject to the following terms and conditions (GTC) in their time of ordering the current version. Contrary conditions of the buyer can be effective only if they express in writing and accepted by us. R n

r nSoweit these terms and regulations for the movement of entrepreneurs, they only apply to a contractor , At the conclusion of a legal transaction in the exercise of his independent professional or commercial activity, a legal entity governed by public law or a special public asset. r n

2. Formation of a contract

Our offers are subject to change without notice and are without obligation. Only your official order constitutes a firm offer leading to a contract of sale. A confirmation of receipt, which you will be emailed back after receiving your order, shall not be construed as an acceptance of your offer, but serves exclusively as acknowledgment of your order.

We will first verify our own ability to fill your order. Only then, we shall accept your order either in full or partially. This will normally result in shipping your goods. Only in exceptional cases will you receive an order confirmation.

By shipping the order or by submitting an order confirmation, the contract of sale between you and deejay.de e.K shall be deemed complete in its corresponding scope. A contract of sales does not exist for any product which you did not order or which is not listed in the order confirmation.

3.1 The end-user's right of withdrawal pursuant to § 312 of the BGB (German Civil Code).

The end-user has the right to revoke his/her contractual statement in writing, without stating the reasons, within 2 weeks of receipt of the goods (e.g. by letter, fax, or email) or by returning the goods. The time shall start with the receipt of these instructions. The punctual dispatch of the cancellation or the return of the goods suffices to comply with the time limit. The cancellation shall be submitted to:

deejay.de e.K.
Retourenstelle 100
Hofer Str.32
95182 Döhlau - Germany

3.2. Consequences of a withdrawal

In case of an effective withdrawal, any payments received by either party shall be reimbursed. If the purchaser is unable to return the goods, either in part or in whole, or only in a deteriorated condition, he/she may be required to pay compensation.

This does not apply, if the deterioration of the good(s) is solely due to the examination of the goods - similar to the purchaser's inspection the goods in a retail store. The purchaser can avoid any obligation for compensation by refraining from treating the goods as his/her property and prevent any action which may affect the value of the goods.

Any packaged goods can be returned as such; unpackaged goods will picked up at your address. The purchaser shall bear the cost of the return of the goods if the goods are identical with the ordered goods and the price does not exceed € 40, or if the purchase order exceeds this price and the purchaser has not paid for the goods - either in full or as instalment - at the time of the withdrawal. In any other case, the purchaser may return the goods free of charge.

Any commitments to pay shall be met by the purchaser within 30 days after submitting the withdrawal.

If returns charges are for our account, the most reasonable method shall be selected. We shall cover the cost for any returned packages up to two kilograms. For any return package exceeding two kilograms, we will be happy to provide you with a return label for the free of charge shipment by DHL/Post.

Please send us an email to: info@deejay.de. The shipping costs (goods to the purchaser) cannot be reimbursed.

The right to withdraw cannot be accepted for goods produced based on specific customer requirements or the tailor-made choice of a customer.

Furthermore, a withdrawal is also excluded for all audio and video recordings or software, if the seal has been removed by the purchaser.

4. Duty to inform

The purchaser is obligated to provide only true information during the registration. The purchaser shall provide any changes pertaining to his/her information, in particular: name, address, email, telephone umber or bank information. In case of false statements by the purchaser, deejay.de e.K. reserves the right to withdraw from the contract.

The purchaser shall be responsible to inform us immediately if he/she does not receive a receipt via email (see item 2) immediately after placing the order. The purchaser shall ensure that the email address he/she provided is correct and avoid undeliverable email messages due to forwarding, shut-down, or the mailbox exceeding its capacity.

5. Delivery

The goods will be delivered to the address given by the purchaser.

In case a certain item cannot be delivered without the fault of deejay.de e.K., it shall be our duty to inform the purchaser immediately. Under these circumstances we reserve the right to withdraw from the order. Any advanced payments shall be reimbursed.

If the purchaser refuses the goods without any reason, or the purchaser is not available at the delivery address - even though the time of the delivery was communicated in due course - the purchaser shall be responsible for all costs arising from the unsuccessful delivery attempt.

6. Acceptance

The purchaser shall check the goods immediately after receipt for completeness and defects. If a written note of defect has not been received within two weeks of the delivery date, any warranty will be excluded.

Examination and Notice of Non-Conformity, as it applies to merchants and in accordance with § 377 HGB (German Commercial Code) shall remain unaffected.

7. Prices

All our prices are in addition to cost for packaging , transportation, and freight, inclusive of any taxes applicable at the time of delivery (currently 19%), provided such taxes are applicable for the customer.

Additional services requested by the purchaser may be invoiced separately.

8. Terms of payment

Unless otherwise agreed upon in writing, all invoices are due with receipt of the goods. All invoices must be paid without discount or other deductions. We expressly reserve the right to request either prepayments or cash with delivery.

Cheques and bills of exchange are only considered as payment after encashment. The acceptance of bills of exchange always requires our preceding agreement. If accepting such bills of exchange, bank discounts and expenses will be charged They must be paid immediately.

deejay.de e.K. reserves the right to assign a claim.

If the purchaser is a consumer, we shall charge 5% over and above the base lending rate. If the purchaser is a business, a legal entity governed by public law or a special fund under public law, interest on arrears will be charged at 8% over and above the base lending rate. Set-offs by a company, or a purchaser with claims which are not undisputed and are not legally established, are not permitted.

9. Cancellation charges

If deejay.de, as a gesture of good will, agrees to accept the customer's wishes to cancel an order,deejay.de reserves the right to charge a damage fee of 10% of the value of the order. It is up to the purchaser to prove lesser damages.

We do not unpaid postage. We expressly reserve the right to submit a debit memo for any such deliveries.

If bank debit memos are not processed, we shall charge a reversal debit of € 7.50.

Cheques and bills of exchange are only considered as payment after encashment. The acceptance of bills of exchange always requires our preceding agreement. If accepting such bills of exchange, bank discounts and expenses will be charged They must be paid immediately.

deejay.de e.K. reserves the right to assign a claim.

If the purchaser is a consumer, we shall charge 5% over and above the base lending rate. If the purchaser is a business, a legal entity governed by public law or a special fund under public law, interest on arrears will be charged at 8% over and above the base lending rate.

Set-offs by the purchaser for claims which are not undisputed and are not legally established by us, are not permitted

10. Warranty

If, at the time of transfer of risk, the goods are defect, we shall either repair the damage or provide undamaged goods, base on the wish of the purchaser. When dealing with a business, a legal entity governed by public law or a special fund under public law, we reserve the right to choose between repairing the damage or the delivery of an undamaged good. If a replacement fails or the replaced goods do not arrive in due time, the purchaser may request abatement of the purchase price or withdraw from the contract completely.

Normal wear and tear is excluded from any warranty request.

If the purchaser is a consumer the warranty period does not exceed two years. If the purchaser is a business, a legal entity governed by public law or a special fund under public law, the warranty period is one year.

11. Sealing of the goods

The seller reserves the right to seal the goods. The irreversible attachment of a seal on the audio media sleeve cannot be construed as damage, which may be considered grounds for warranty claims.

12. Liability

Liability shall be limited to damages which are caused by us, by one of our assistants either in a grossly negligent or deliberate manner. This shall not apply to claims for damages which relate to health effects, bodily harm, or loss of life.

13. Right of ownership

We reserve the right of ownership of all delivered goods until full payment has been received. In case of garnishment or other third party claims for the delivered good, the purchaser shall inform us immediately in writing. Any conduct by the purchaser contrary to the contract, in particular in case of default of payment, deejay.de e.K. reserves the right to withdraw from the contract and request the return of the goods. The purchaser shall be bound by such request. If used by a business, a legal entity governed by public law or a special fund under public law, the following shall apply:

The purchaser has the right to resell the delivered goods during a regular course of business; however, he/she shall assign to us all claims in the amount of the purchase price which was agreed upon between the purchaser and us (including the added value tax required by law) and which he/she accrues as a result of the resale, regardless whether the delivered goods were sold with or without further processing.. The purchaser has the right to collect such claims. Our authority to collect such claims shall remain unaffected; however, we shall agree not to collect such claims so long as the purchaser fulfils his/her obligation to pay and does not default. However, should this be the case, we reserve the right to request the purchaser to name the assigned claim(s) and the debtor and disclose all information necessary for the collection of the claim(s), submit all associated documentation, and inform the debtor (third party) of such assignment of claim(s).
Any further processing or alteration of the goods by the purchaser shall be considered in our name. If the delivered goods are processed with items which are not our property, we shall gain joint ownership of the new item(s) by a ratio equal to the value of the goods we delivered and the other processed item(s) at the time of the processing.
If the delivered goods are intermixed and become inseparable with items which are not our property, we shall gain joint ownership of the new item(s) by a ratio equal to the value of the goods we delivered and the other intermixed item(s). The purchaser reserves us the right of joint ownership.
The purchaser may neither pledge nor assign the delivered goods as security. In case of garnishment and confiscation, or any other claims by third parties, the purchaser agrees to inform us immediately and provide all information and documentation which will protect our rights. An executory officer or a third party shall be advised of our property.
We agree to release any securities payable to us upon the request by the purchaser and if the value of such claims - in as far as such claims have not yet been settled - does not exceed 20%.
Our assertion of the extended retention of title shall not be construed as rescission of the contract, unless we expressly agreed so in writing.

14. Court of jurisdiction

If the purchaser is a business, a legal entity governed by public law or a special fund under public law, the court of jurisdiction is Hof, Germany. However, we do reserve the right to bring action against the purchaser at the place of our headquarters or any other place of our branch offices.

15. applicable law

For these terms and conditions as well as all legal relationships between deejay.de e.K. and the purchaser the laws of the Federal Republic of Germany apply. All other national laws, including the uniform law on the international sale of goods shall not be applicable between deejay.de e.K. and its customers.

16. Data protection

deejay.de e.K. reserves the right to process all information about the purchaser received and pertaining to this business relationship or any other business relationship, regardless whether this data was received from the purchaser or any other party, within the German Federal Data Protection Act. I hereby agree for deejay.de e.K. to submit my credit card information to the PCI certified provider

Others

The transfer of purchaser's rights and obligations pursuant with the mutually agreed upon contract, shall only be effective with our written permission. If any of the provisions of this agreement in whole or in part is or becomes invalid, the remaining provisions will remain in force. .