Date: 01.03.2018
 

§0 Valid Address according to BGB-InfoV 1

enoaudio.de
Yuki Iino
Kanzowstraße 16
10439 Berlin
Germany
 

§1 General

(1) These General Terms and Conditions apply exclusively to all deliveries and services. In addition, the license terms of the manufacturers enclosed with the products also apply. All product names and logos are the property of their respective manufacturers. Product images are exemplary illustrations and may differ from the delivered products.
 
(2) Purchase contracts are only concluded upon written order confirmation (email is sufficient) or acceptance of the goods by the customer (and after the expiration of the withdrawal/return period). By opening the original packaging or plastic wrap, the customer acknowledges our copyright protection, warranty conditions, and the license terms of the manufacturers.

 

§2 Prices and Payment Conditions

(1) The prices at the time of ordering the goods apply to the delivery. The currency of the prices listed in the online catalog is EUR (Euro) and includes the currently applicable statutory VAT. Invoices will specify the supplementary services: shipping costs, insurance, packaging, and the VAT applicable at the time of invoicing, in addition to the net price.
 
(2) In the case of delivery against open invoice, these are due without deduction, payable within the specified period on the invoice. In the event of default in payment, we are entitled to charge default interest at a rate of 5% above the respective base interest rate announced by the Deutsche Bundesbank. In the event of default, we are entitled to refuse all deliveries to the customer, even from other contractual relationships. We are not liable for any damages resulting from this non-delivery.
 

§3 Delivery Period

(1) Delivery dates must be agreed upon in writing. The deadline is considered met if the shipment is made before the deadline expires.
 
(2) All agreed delivery deadlines are subject to correct and timely self-delivery. The delivery time is extended appropriately in the event of measures within the scope of labor disputes (strike/lockout), legal and regulatory requirements (import/export restrictions), force majeure. Claims for damages due to non-compliance are excluded.
 

§4 Delivery, Shipping, Transfer of Risk

(1) We determine the type of shipment, shipping route, and carrier at our discretion, unless specific instructions are provided by the purchaser.
 
Shipping flat rates:
 
Germany:
 
Orders up to and including EUR 4.20 net or EUR 5.00 incl. VAT: EUR 2.85 net or EUR 3.39 incl. VAT.
Orders from EUR 4.21 net or EUR 5.01 incl. VAT onwards: EUR 5.79 net or EUR 6.89 incl. VAT.
 
France, Austria, Belgium, Denmark, Greece, Netherlands, Spain, Estonia, Finland, Great Britain, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Sweden, Czech Republic, Hungary:
 
Orders up to and including EUR 8.40 net or EUR 10.00 incl. VAT: EUR 14.00 net or EUR 16.66 incl. VAT.
Orders from EUR 8.41 net or EUR 10.01 incl. VAT onwards: EUR 20.00 net or EUR 23.80 incl. VAT.
 
(2) In the case of sending goods and other items to enoaudio.de, Yuki Iino, the respective sender bears the transport risk and all associated costs. This does not apply to returns within the granted return policy.
 

§5 Right of Withdrawal for Consumer Contracts, Cancellation Policy

(1) Right of Withdrawal
 
You have the right to revoke your contractual declaration within one month without stating reasons in text form (e.g., letter, fax, email) or – if the item is delivered to you before the deadline expires – by returning the item. The deadline begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB as well as our obligations according to § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in a timely manner. The withdrawal is to be addressed to:
 
enoaudio.de
Yuki Iino
Kanzowstraße 16
10439 Berlin
 
(2) Consequences of Withdrawal
 
In the event of an effective withdrawal, the mutually received benefits are to be returned and any benefits derived (e.g., interest) surrendered. If you cannot return the received performance in whole or in part or only in a deteriorated condition, you must compensate us accordingly for the value. This can lead to the obligation to fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with the receipt.
 
End of Cancellation Policy
 
(3) Exclusion of the Right of Withdrawal
 
The right of withdrawal does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or spoil quickly or whose expiration date would be exceeded.
 
(4) General Information
 
Please avoid damaging or soiling the goods. Please return the goods preferably in the original packaging with all accessories and with all packaging components to us. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging.
 
Please do not return the goods to us unfree if possible. Upon request, we will also gladly refund the postage costs in advance, provided that you are not responsible for bearing them yourself.
 
Please note that the above points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
 

§6 Retention of Title

(1) We reserve ownership of the purchased item until full payment of all claims, including ancillary claims. In the event of a breach of contract, we are entitled to demand the return of the purchased item. If the purchased item is further processed or mixed with other goods, we acquire co-ownership of the new item. A right of return is excluded in this case.
 
(2) The buyer is entitled to resell the goods in the ordinary course of business. This does not apply if the customer is in default with a payment obligation towards enoaudio.de, Yuki Iino.
 

§7 Warranty / Disclaimer of Liability

(1) We guarantee that the delivery items are free from defects according to the current state of the art, i.e., that they are suitable for the intended uses or for ordinary use and have a quality that is customary for items of the same type. Claims for damages due to defects in the item are excluded. The warranty period is 2 years, except for consumables. The warranty period begins upon receipt of the goods by the customer. In addition, the customer has claims arising from the manufacturer’s warranty declarations for many technical products, which are enclosed with the products.
 
(2) enoaudio.de, Yuki Iino assumes no liability for damages or defects resulting from improper use, storage, operation, or negligent handling. Likewise, any warranty expires if the customer performs interventions or repairs themselves or has them performed by persons not authorized by us.
 
(3) Obvious defects must be reported in writing immediately upon receipt of the goods. If a defect becomes apparent more than 6 months after delivery, the customer must prove that the item was defective at the time of transfer of risk.
 
(4) If a defect of the purchased item for which we are responsible becomes known, the customer can, at his discretion, demand rectification of the defect or delivery of a defect-free item in accordance with §439 BGB. The buyer is obliged to return the claimed item to us with a detailed description of the defect and a copy of the delivery note or invoice. Furthermore, the buyer is obliged to secure data at his own expense. enoaudio.de, Yuki Iino cannot be held liable for data loss. In the event of an unjustified complaint, we reserve the right to charge a processing fee for the inspection measures carried out. The amount depends on the effort, but is at least EUR 15.00.
 
(5) Upon receipt and before further processing, the customer is obliged to check the goods for correctness and suitability for his purposes.
 

§8 Software / Literature / Licenses

(1) In many cases, certain articles (e.g., software) are subject to license terms of the manufacturer beyond our conditions. By accepting the goods, the buyer acknowledges their validity and is liable for any damage resulting from a breach.
 

§9 Data Protection

(1) The data necessary for the execution of the business transaction will be stored and used within the framework of order processing. Furthermore, we maintain data exchange with SCHUFA and other credit agencies for the purpose of credit checks. All personal data will be treated confidentially.
 
(2) The customer is entitled to revoke at any time.
 

§10 Miscellaneous

(1) Multiple orders transmitted (telephone/fax/mail/repeats) for whatever reason must be clearly marked as such, otherwise they will be executed again. In such cases, we cannot assume any costs.
 
(2) In the event of the ineffectiveness of individual provisions of the delivery contract or these General Terms and Conditions, the remaining provisions shall remain effective.

 

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.