Terms and Conditions
Terms of monster beats by Dr Dre online store in Germany. § 1
(1) The presentation of products in our online shop is not a legally binding offer, but a non-catalog dar By clicking the "Order" button, enter a binding order in the basket of goods. Confirmation of receipt of your order along with the acceptance of your order directly by sending automated e-mail. With this confirmation e-mail to the purchase agreement has been reached.
(2) Our sales claimed exclusively, or deviate from our terms and conditions of the customer, we do not recognize it unless we have expressly agreed in writing. Our terms and conditions also apply if we are aware of conflicting or differing terms and conditions without reservation sales of customer delivery.
(3) All agreements between us and the customer to sign a contract is written to the relevant contract. The respective agreement, the presumption of completeness in itself.
(4) Notice of Sale apply only to businesses in conjunction with § 14. BGB § 310 section 1.
Offer, offer documents
(1) If the order is consistent with an offer. § 145 BGB to qualify, then we are entitled to accept the offer within two weeks by sending an order confirmation.
(2) In documents filed thereafter our offer or attached to them, illustrations, drawings, calculations, calculations and other documents, we reserve ownership and copyright. This also applies to written documents, which are designated as "confidential". Before moving on to third parties without our express written permission.
Price and payment
(1) The value added tax is not included in our prices and must be paid in addition to the legal amount, in which he is the invoice date must be shown separately on the invoice, unless s it is exempt intra-Community supplies or exempt export deliveries.
(2) Payment shall, unless otherwise agreed, within 30 days from the invoice date without any deduction or 14 days with a 2% discount. (3) non-compliance with payment, default or circumstances that may reduce the creditworthiness of the buyer, immediate payment of all our claims.
(4) to accept bills of exchange and checks, we are not required. Credits in this regard are still subject to redemption (payment, rather than not to respond), it is with the value on the day when we can dispose of the product. Bills must be credited under the load, we calculated the transfer of tax cuts, stamps, bank charges and collection fees.
§ 4 Delivery
(A) For respect of delivery times and delivery dates, we need the timely receipt of all documents and information of the buyer, we need to place the order. If this is not the case, then the delivery period shall be extended accordingly. Furthermore, it is respect of the delivery period subject to the correct delivery of timely and our suppliers, we share the problems the customer without delay. A delivery time shall be deemed satisfied if the delivered goods left until the end of our factory / warehouse.
(2) If the acceptance by the customer delays or violates other cooperation obligations, we are entitled to damages in this regard, to demand compensation, including additional costs. Further claims are reserved.
Available (3) If the requirements of paragraph 2, the risk of accidental loss or accidental deterioration of the goods delivered at the buyer, in which he is in default of acceptance or payment.
(4) In case of late delivery, the customer can, after the expiration of the contract, a reasonable grace period, in the case of the impossibility of our service is to him that the right to do so without notice. Late delivery must represent the impossibility if delivery is not more than a month. Claims for damage (including any consequential loss) shall be without prejudice to paragraph 5 following excluded, the same applies for reimbursement. (5) The provision under paragraph 4 preceding disclaimer does not apply if any exclusion or limitation of liability for damages resulting from injury to life or health is agreed that an intentional violation or neglect of duty by us or by a legal officer or officers of us and it does not apply if any exclusion or limitation of liability agreed for other damages based on an intentional violation or gross negligence by us or by a legal representative or agent of us.
If our fault violate an obligation of the principal contract, the liability is not excluded, but limited to the foreseeable damage typical.
In the case of reimbursement above shall apply accordingly. (6) The limitations of liability referred to in paragraph 4 and 5 do not apply if a firm agreement has been agreed, the same principle applies if the buyer can not claim because we represent the delay is no longer interested in the contract.
(7) In case of force majeure and other, not at the time the agreement was disruptive events (such as breakdowns of all sorts of difficulties in obtaining materials or energy, delays transport, strikes, lockouts, shortages of labor, problems with the power - or the raw material supply, the control measures), we are not responsible, and make the delivery or impossible, we are entitled, by contract, in whole or in part, or the delivery time for the duration of the impediment plus a reasonable start-up period. extend the circumstances that delay we will notify the customer immediately. As regards the customer as a result of the delay to accept delivery can not be expected, it may, by written notice to us promptly withdraw the contract over. Requests for damages are excluded in these cases
§ 5 Liability for defects
(1) The claims of the buyer to assume that this is according to § 377 HGB and give due consideration to complain. (2) If a defect in the goods delivered, we are entitled to choose the remedy in the form of repair or delivery of a new free of defects. In the case of repair, we are forced to bear all expenses necessary for the, to the extent that they are not increased by the fact that the delivery item is shipped to a location other than the premises the client. If performance in the form of delivery of conforming goods is impossible or disproportionate, we have the right to refuse them. We may refuse the remedy, as the payment obligations of the buyer we do not meet in an amount corresponding to the part of the service flawless.
(3) If the appeal fails, the buyer shall have the right in its sole discretion, to require the cancellation or reduction, in particular regarding the culpable delay or decline the substitution, as if that fails a second time. Unless the following paragraph 5 provides otherwise, subsequent requests from customers for any legal reason (in particular claims for breach of contractual principal and accessory obligations, reimbursement of expenses other than those defined in § 439 paragraph 2 BGB, impermissible act and any other criminal liability) are excluded, especially as regards claims for damages outside the goods supplied and claims for lost profits, also included are claims that not result from a defect in the goods supplied.
(4) The above provisions also apply to the delivery of another element or a lesser amount.
(5) The provision under Article 3 withdrawal does not apply if any exclusion or limitation of liability for damages resulting from injury to life or health is agreed that an intentional violation or negligence of duty by us or by a legal representative or those employed by us are based, it does not apply either if any exclusion or limitation of liability is agreed for any damage caused by an intentional violation or gross negligence by us or by a legal representative or vicarious agent of us. If our fault violate a principal obligation of the contract with the buyer, the liability is not excluded, but limited to the foreseeable damage typical. Moreover, it depends. Paragraph 3 excluded. The disclaimer does not apply in cases where there is liability under product liability law for defects of the delivered goods for personal injury or property damage to privately used objects.
It does not apply to the acceptance of a guarantee and assurance of a feature if a defect covered thereby activating our responsibility. In the case of reimbursement above shall apply accordingly.
(6) After the transfer of risk is not responsible for damages is accepted by the following reasons: the misuse or abuse, improper storage of goods by the buyer or third parties, faulty or negligent treatment, and by the customer without our consent alteration of the delivered goods, chemical, electrochemical, electrical and contaminating influences on the delivery item by the customer or third.
(7) Claims for compensation, damages are limited to one year after delivery of the item, but not in the case of § 438 para 2 BGB # 2. Applications for abatement and the exercise of a right of withdrawal is excluded, unless the remedy is foreclosed. The customer can refuse the case of sentence 2, but payment of the purchase price to the extent that he would be entitled to the elimination or reduction, in the case of withdrawal exclusion and subsequent refusal to pay, we are entitled to terminate the contract.
Resignation and other (1) The following provisions are applicable to breaches of duty outside the warranty and shall exclude the legal right of withdrawal limit in any way. Similarly, we are entitled to legal or contractual rights and claims should be excluded or limited.
(2) The purchaser may also terminate the entire contract if the overall performance is permanently impossible, and even in case of incapacity. The client can also withdraw from the entire contract if an order implementing similar items of part of the delivery of many possible because of our obligation to represent and if in partial fulfillment not interested, this is not the case, then the buyer reduce compensation accordingly, the right to cancel does not apply to a minor fault.
(3) If there is a delay in the execution and allows the customer to us for the rationale behind a reasonable time for performance, and this extension is not met, the buyer is entitled to withdraw.
In case of failure to perform partial paragraph 1, sentence 2 applies accordingly.
(4) The withdrawal does not apply if the buyer for the circumstance that entitles him to resign, is solely or principally responsible, or whether the fact that we are responsible at the time of the default input in decision- Delivery. If not possible, we keep in our case above claim under consideration as defined in § 326 paragraph 2 of the BGB.
§ 7 Retention of title
(1) We reserve title to all goods delivered until the customer has paid all current and future needs of the business relationship.
(2) The purchaser is entitled to resell the goods in the ordinary course of business, process or mix, it seems already all claims arising from the disposal, processing, mixing or other legal grounds (including insurance and tort) in the amount of the invoice of a final agreement (including VAT). The assignment refers only to the requirement of the customer against third parties without VAT. Authorized to collect this debt from the buyer remains even after the transfer, and our right to be included in the application remains unchanged. We undertake not to collect the debt if the customer meets its payment obligations from the proceeds, is not late and did not file for insolvency proceedings against the purchaser or the payment of buyers. If this occurs, the customer must notify us of any desire on the assigned claims and the debtors, provide all information necessary for collection, and provide relevant documents. The buyer is required to disclose its debtors (third) of the transfer, despite the fact that we are entitled to disclose, in this case, the debtor of the customer. In the case of breach of contract (including arrears) by the buyer, the debit authorization may be revoked by us. (3) The purchaser must provide the object and in its place requires not pledge or assign as security for the moment. In case of seizure or other interventions by third parties, the buyer must be notified immediately in writing so that we can proceed in accordance with § 771 ZPO. Despite our successful litigation under § 771 ZPO remaining costs are borne by the buyer. § 8
Revocation (1) Withdrawal
You can cancel your contract within 14 days without giving reasons in writing, by email or - if the goods are delivered before the deadline - by returning the goods. Please do not send the same back to the address on the package, please contact us before returning. We will give you a good return address. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not meet our obligations as per § 312c Section 2 BGB in conjunction § 1 Sections 1, 2 and 4 BGB-Info V and our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB-Info v The date on which the conditions set above do not count in calculating the period began with (§ 187 paragraph 1 BGB). The revocation period is sufficient to send the revocation or the merchandise. The revocation must be sent to: firstname.lastname@example.org
In the case of an effective cancellation the mutually received benefits and make any use of benefits. If the performance received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is due solely to his control - as they would in a retail store - is due. For a determination by the deterioration of the goods you need not pay compensation.
Transportable items must be returned at our risk. You must bear the costs of return if the delivered goods ordered and if the price of the item to be returned not to exceed 40 euros or if you are at a higher price of goods are not at the time of full payment or a contract agreed partial payment provided. Otherwise, return goods free. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods to us at the reception.
You must bear the costs of return if the delivered goods ordered and if the price of the item to be returned from 40.00 euros, or if you are at a higher price of goods are not at the time of full payment or a contractually agreed partial payment provided. Otherwise, the return is free.