GENERAL TERMS AND CONDITIONS (GTC)

 

Seller / Distributor
enoaudio.de – Yuki Iino
Kanzowstrasse 16, 10439 Berlin, Germany
Email: [email protected]

Brand Notice
Phonon is a registered trademark of PHONON Inc. (Japan).
enoaudio.de is the official European distributor of Phonon products.

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§1. General

1. These General Terms and Conditions (GTC) apply to all deliveries and services provided by enoaudio.de (the “Seller”).
2. By placing an order, the customer accepts these GTC.
3. All product names, logos, and trademarks remain the property of their respective owners.

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§2. Prices and Payment

1. All prices are stated in EUR and include VAT where applicable. Shipping costs are shown separately at checkout.
2. Unless otherwise agreed, payment is due before dispatch.

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§3. Delivery and Transfer of Risk

1. Unless otherwise instructed by the customer, the Seller determines the shipping method and carrier.
2. Risk passes to the customer upon delivery to the address indicated by the customer.

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§4. Retention of Title

The goods remain the property of the Seller until payment in full has been received.

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§5. Right of Withdrawal (Consumers)

(1) Withdrawal Period

Consumers have the right to withdraw from this contract within 14 calendar days without giving any reason.
The period starts on the day on which the consumer or a third party (other than the carrier) obtains physical possession of the goods.

(2) Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the consumer must inform the Seller of the decision to withdraw by an unequivocal statement (e.g., letter or email) using the contact details above.

Alternatively, consumers may easily submit their withdrawal request using our online cancellation form, available at:
https://phonon-inc.eu/terms-for-returning-goods/cancellation-form/

Use of the form is optional.

(3) Effects of Withdrawal and Refunds

1. The Seller reimburses all payments received from the consumer, including the cost of the least expensive standard shipping offered by the Seller.
   If the consumer chose a more expensive delivery option (e.g., express), the additional cost is not refunded.
2. The Seller may withhold reimbursement until the goods have been received back or the consumer has supplied evidence of having sent back the goods, whichever is earlier.
3. Refunds are made within 14 days after receipt of the returned goods (or adequate proof of dispatch), using the same means of payment unless otherwise agreed.

(4) Return Shipping Costs

The consumer bears the direct cost of returning the goods.

(5) Deductions for Diminished Value

The consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods (i.e., use beyond showroom-like inspection).

(6) Exclusions from WithdrawalThe right of withdrawal does not apply to:

• Goods made to the consumer’s specifications or clearly personalized;
• Sealed goods not suitable for return for health protection or hygiene reasons which were unsealed after delivery (e.g., ear pads, in-ear headphones, or similar products that come into direct contact with skin or ears).
  For on-/over-ear headphones, hygiene seals or inner bag seals apply; if broken/unsealed, return may be refused.

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§6. Warranty

1. A 24-month statutory warranty applies to material defects from the date of delivery.
2. Warranty does not cover damage caused by improper use, modification, or unauthorized repair.
3. As the official EU distributor, the Seller handles warranty claims in cooperation with PHONON Inc. (Japan). Customers may contact the Seller directly for support.

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§7. Data Protection

Personal data is processed in accordance with the Seller’s Privacy Policy and the GDPR.

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§8. Applicable Law and Dispute Resolution

1. German law applies, without prejudice to mandatory consumer protection provisions of the consumer’s EU country of residence.
2. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.⸻

§9. Customs Processing Information for International Customers

We appreciate your interest in our products and services.
To ensure a smooth and efficient shopping experience, please note the following information regarding customs and import handling:

1. Import Duties and Taxes
When ordering products from our website for delivery to destinations outside the European Union, your shipment may be subject to import duties, taxes, and fees imposed by the customs authorities in your country.
These charges are beyond our control and are the responsibility of the customer.

2. Determining Applicable Charges
Customs duties and taxes vary depending on the country of destination and the type and value of the ordered products.
We recommend contacting your local customs office or using online customs calculators to obtain accurate estimates of any applicable charges.

3. Clearance Process
Please provide accurate and complete shipping details during checkout to ensure efficient customs clearance.
Be aware of any local import regulations or restrictions that may apply to your purchase.

4. Customs Delays and Responsibility
While we strive to ensure timely delivery, customs processing times may cause delays that are beyond our control.
Failure to pay import duties or taxes may result in your order being returned, delayed, or incurring additional costs.

5. Compliance Statement
enoaudio.de complies with all applicable EU and international customs regulations.
We cannot undervalue shipments or mark them as gifts for the purpose of avoiding customs duties.

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§10. Contact and Company Information

For any questions, complaints, or legal correspondence, please contact: enoaudio.de – Yuki Iino
Kanzowstrasse 16, 10439 Berlin, Germany
Email: [email protected]

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§11. Liability Disclaimer

1. The Seller shall be liable without limitation for intent and gross negligence.
2. In cases of slight negligence, the Seller is liable only for breach of essential contractual obligations (cardinal duties) and limited to the foreseeable damage typical for the contract.
3. The Seller shall not be liable for minor negligence other than in cases of injury to life, body, or health.
4. This limitation of liability shall also apply to the Seller’s legal representatives and vicarious agents.