Terms of Service
Terms of Service
§1 General
1. For the business relations of any kind between Smile Session Music Lager and Elektronik Vertriebs GmbH in the succession S.M.I.L.E. Vertriebs GmbH, the customer is subject to the following terms and conditions in their current version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB). Entrepreneur is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity (§ 14 BGB).
2. The presentation of the products in the online shop is not a legally binding offer, but only a non-binding offer of the product range as an online catalog. By clicking on the “Buy” button, the customer makes a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is concluded with our separate order confirmation or delivery of the goods. The contract text and the order data are saved. The general terms and conditions are sent to the customer with all order data by e-mail. All previous orders can be viewed by the customer in the login area.
3. If after conclusion of the contract it turns out that the goods are not available, even though a corresponding obligation transaction has been concluded, S.M.I.L.E. Vertriebs GmbH reserves he right not to render the promised service. In such a case the customer will be notified immediately. Any consideration already paid will be reimbursed immediately. Further claims against S.M.I.L.E. Vertriebs GmbH are excluded.
4. Contract language is German.
§2 Delivery
1. If the customer is an entrepreneur (§ 14 BGB), delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item also passes on the sale of the consignment only with the transfer of the goods to the customer. The transfer is the same if the buyer is in default of acceptance. The delivery will be made to the delivery address specified by the customer.
2. In addition to any packaging and transport costs incurred, all prices are cash prices including VAT.
3. Shipping costs and other possible costs, which are subject to the deliveries, are shown separately on the invoice. Deliveries to third countries incur additional duties and fees for the customer.
5. After receipt of the goods by the customer or his agent, this is to be examined immediately for transport damage if the customer is a merchant within the meaning of the HGB. Upon acceptance of the goods, the customer, the merchant within the meaning of the German Commercial Code (HGB), must have confirmed transportable and packaging damages in writing by the transport company (bearer or deliverer) and display them immediately. Customers who are consumers, we ask to report obviously recognizable transport damage also to us.
§3 Legal right of withdrawal
1. Right of withdrawal if the customer is a consumer (§ 13 BGB), he has the right to revoke this contract within fourteen days without stating reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods.
In order to exercise the right of revocation, the revocation must be sent to us (e.g. by letter, fax or e-mail):
with a clear statement of his decision to withdraw from this contract. He can use the attached model withdrawal form, which is not required. To maintain the cancellation period, it is sufficient that the customer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. Withdrawals If the contract is canceled by the customer in due time, we will reimburse all payments received from the customer immediately and at the latest within fourteen days from the date on which the notification of the cancellation of this contract is received. Including the delivery costs (except for the additional costs that result from the customer choosing a different type of delivery than the cheapest standard delivery we offer).
Reimbursement will be made using the same method of payment used by the customer in the original transaction, unless otherwise expressly agreed; the customer will in no case be charged for this repayment charges. Until we have received the goods back or until the proof is provided by the customer that the goods were returned, whichever is the earlier, we can refuse the repayment.
From the day on which he notifies us of the cancellation of this contract, he must return the goods to us immediately and in any event not later than fourteen days. If the customer sends the goods before the deadline of fourteen days, the deadline is respected. The customer only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
3. Exclusion of the right of withdrawal The right of revocation does not apply to delivery of goods that are not prefabricated and whose manufacture is based on an individual selection or determination by the consumer or that are clearly tailored to the personal needs of the consumer, delivery of sealed goods for reasons of health protection or the hygiene is not suitable for return if its seal was removed after delivery, delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery, delivery of newspapers, magazines, magazines except subscription-contracts.
§4 Warranty and Compensation
1. The warranty does not cover defects or damage resulting from culpable or improper handling or improper installation and use of unsuitable accessories or changes to the original parts by the customer or a third party commissioned by the customer, without written confirmation from S.M.I.L.E. Vertriebs GmbH, are due.
2. Wear and tear resulting from use is also excluded from the warranty.
3. If acceptance of the goods or the object of the order is made by the customer or a customer, despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves these in writing immediately upon receipt of the goods.
4. Warranty claims due to existing transport damage shall only be due to the customer if he has complied with his obligation to inspect and report in accordance with § 2 clause 5. This does not apply if the customer consents reg. §13 BGB is.
5. The warranty period for new items is 24 months. The period begins with transfer of risk. The warranty period for used goods is different from 12 months insofar as the S.M.I.L.E. Vertriebs GmbH is not under Section 5, item 7, in particular for the injury of life, body and health, an unlimited liability applies. If the customer is an entrepreneur within the meaning of §14 BGB, the warranty period for new items is one year and for used items six months from the transfer of risk insofar as S.M.I.L.E. Vertriebs GmbH is not under Section 5 Number 7, in particular for the injury of life, body and health, an unlimited liability applies.
6. For the rest, the warranty is based on the statutory provisions.
7. S.M.I.L.E. Vertriebs GmbH is liable for other damages than damages caused by injury to life, body and health, only insofar as these are due to intentional or grossly negligent acts or culpable violation of a material contractual obligation by S.M.I.L.E. Vertriebs GmbH or a vicarious agent (eg the delivery service) of S.M.I.L.E. Vertriebs GmbH. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is negligently violated, the liability of S.M.I.L.E. Vertriebs GmbH limited to the foreseeable damage.
§5 Warranty
1. For all defects arising after the transfer of risk, for a period of two years which can be proved to be due to a material or manufacturing defect, S.M.I.L.E. Vertriebs GmbH warranty. The claim to warranty service is only the customer, the consumer reg. §13 BGB is closed and can not be assigned.
2. Excluded from the warranty are:
Used equipment and accessories, unless otherwise stated in the respective article description.
Products subject to usage or other wear.
Defects in the product resulting from failure to observe operating instructions, improper use, abnormal environmental conditions, operating conditions that are not normal, overloading or lack of maintenance or care.
Defects in the product caused by the use of accessories, accessories or spare parts that are not original parts. Products that have undergone modifications or additions.
Slight deviations from the target condition, which are insignificant for the value and serviceability of the product.
3. The remedy of one of the S.M.I.L.E. Vertriebs GmbH is deemed to be liable for a defect in such a way that the defective product is repaired free of charge at our discretion or replaced by a faultless product (possibly also a successor model). Replaced products or parts become the property of S.M.I.L.E. Vertriebs GmbH over.
4. The warranty claim must be asserted within the warranty period. For this purpose, the affected product with a copy of the invoice and a short description of the defect to the S.M.I.L.E. Vertriebs GmbH or to one of our designated and authorized service station.
5. Claims other than the right to remedy defects in the product referred to in these warranty conditions are not substantiated by this warranty.
6. The warranty period for the product is neither extended nor restarted by the provision of warranty services.
7. According to § 6 and according to the legal regulations warranty rights of the customer are not limited by these warranty conditions.
§7 Due date and terms of payment
1. Unless otherwise agreed in writing, invoices of S.M.I.L.E. Vertriebs GmbH, payable immediately and without deduction. Cash on delivery will be paid upon delivery in cash to the respective carrier. Other means of payment are currently not provided.
2. The refusal of other means of payment as well as checks reserves the S.M.I.L.E. Vertriebs GmbH. Acceptance is always only as payment. Bank charges for payments in foreign currency are to be borne by the customer and will be credited according to bank account.
3. If the customer defaults on payment of the purchase price, the sum of the purchase price during the delay shall be subject to interest at five percentage points above the respective base interest rate. If the S.M.I.L.E. Vertriebs GmbH, the S.M.I.L.E. Vertriebs GmbH has the right to assert this.
§8 Retention of title
1. Until complete payment of all claims against the customer, including all ancillary claims, the delivered goods shall remain the property of S.M.I.L.E. Vertriebs GmbH, as far as the customer is a merchant within the meaning of the HGB. For contracts with consumers (§13 BGB) S.M.I.L.E. Vertriebs GmbH the property until full payment of the purchase price.
2. The customer is not entitled to sell the goods to third parties until the full payment of the purchase price or other property belonging to S.M.I.L.E. Vertriebs GmbH to take risky measures. The customer hereby assigns his future claims against the purchaser in the amount of the amount between the S.M.I.L.E. Vertriebs GmbH and the customer, including interest and ancillary claims to S.M.I.L.E. Sales GmbH. S.M.I.L.E. Vertriebs GmbH accepts this assignment.
§9 Place of performance and jurisdiction
1. It is exclusively German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance for all services from the company S.M.I.L.E. Vertriebs GmbH is Eschelbronn, as far as the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a public / legal special fund, Sinsheim is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.
§10 Final provision
Should any of these provisions – for whatever reason – not be applied, this shall not affect the validity of the remaining provisions.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute settlement procedures before a consumer arbitration board.
