GENERAL TERMS AND CONDITIONS

 

§0 Address suitable for summons 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 manufacturer’s license conditions enclosed with the products also apply. All product names and logos are the property of their respective manufacturers. Product images are exemplary images and may differ from delivered products.

(2) Sales contracts are only concluded through a written order confirmation (e-mail is sufficient) or the acceptance of the goods by the customer (and after the cancellation/return period has expired). By opening the original packaging or the plastic film, the customer acknowledges our copyright protection and the warranty conditions, as well as the manufacturer’s license terms.

§2 Prices and payment terms

(1) The prices for delivery apply at the time the goods are ordered. The currency of the prices listed in the online catalog is EUR (Euro) and include the current legal price. VAT. In addition to the net price, the additional services are shown in the invoices: shipping costs, insurance, packaging and the VAT applicable at the time of invoicing.

(2) In the case of delivery against an open invoice, these are due without deduction and payable within the period stated on the invoice. In the event of late payment, we are entitled to charge default interest of 5% above the respective base interest rate announced by the Deutsche Bundesbank. In the event of a delay, we are entitled to refuse all deliveries to the customer, including those arising from other contractual relationships.

§3 Delivery period

(1) Delivery dates must be agreed in writing. The deadline is met if the shipment takes place before the deadline expires.

(2) All agreed delivery times apply subject to correct and timely self-delivery. The delivery time is extended appropriately in the event of measures resulting from work stoppages (strikes/lockouts), legal and official orders (import/export restrictions), or force majeure. Claims for damages in the event of non-compliance are excluded.

§4 Delivery, shipping, transfer of risk

(1) We determine the shipping method, shipping route and carrier at our discretion, unless express instructions are given by the purchaser.
Shipping costs
https://phonon-inc.eu/faq/

(2) When sending goods and other parts to enoaudio.de, Yuki Iino, the respective sender bears the transport risk and all costs incurred. This does not apply to returns within the scope of the granted right of return.

§5 Right of return for consumer contracts, cancellation policy

(1) Right of withdrawal: You can revoke your contractual declaration within one month without giving reasons in text form (e.g. letter, fax, email) or – if the item is left to you before the deadline – by returning the item. The period begins after 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 in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as our obligations in accordance with Section 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to: enoaudio.de Yuki Iino Kanzowstrasse 16 10439 Berlin E-mail:[email protected]

(2) Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be returned. If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to their inspection – as would have been possible in a store. You do not have to pay compensation for any deterioration caused by the intended use of the item. Transportable items are to be returned at our risk. You have to bear the cost of returning, if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, if the price of the item is higher, you have not yet provided the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration or the item, and for us when we receive it. End of the cancellation policy

(3) Exclusion of the right of cancellation: The right of cancellation does not apply to distance selling contracts for the delivery of goods, which are manufactured according to customer specifications or are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded.

(4) General information: 1. Please avoid damage and contamination of the goods. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging. 2. If possible, please do not send the goods back to us carriage paid. If you wish, we will also be happy to reimburse you for the postage costs in advance. provided that you are not responsible for these costs yourself. 3. Please note that the aforementioned numbers 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 all claims, including additional claims, have been paid in full. In the event of 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. There is no right of return in this case.

(2) The customer is entitled to resell the goods in the ordinary course of business. This does not apply in the event that the customer is in default with a payment obligation to enoaudio.de, Yuki Iino.

§7 Warranty / Disclaimer of liability

(1) We guarantee that the delivery items are free of material defects according to the current state of the art, ie that they are suitable for the intended uses or for normal use and have a quality that is common for items of the same type. Claims for damages due to defects in the item are excluded. The warranty period of 2 years applies except for consumables. The warranty period begins with the receipt of the goods by the customer. In addition, the customer has claims from the guarantee statements of the manufacturers of many technical products, which are included with the products.

(2) enoaudio.de, Yuki Iino assumes no liability for damages or defects resulting from improper use, storage, operation, incorrect or negligent handling. Any warranty will also expire if the customer carries out interventions or repairs himself or has them carried out by persons not authorized by us.

(3) Obvious defects must be reported in writing immediately upon receipt of the goods. If a defect only becomes apparent later than 6 months after handover, the customer must provide proof that the item was defective when the risk was transferred.

(4) If a defect in the purchased item for which we are responsible becomes known, the customer may, in accordance with Section 439 of the German Civil Code (BGB), request that the defect be remedied or that a defect-free item be delivered. The buyer is obliged to return the complained item to us with a precise description of the defect and a copy of the delivery note or invoice. Furthermore, the buyer is obliged to back up data at his own expense. In the event of data loss, enoaudio.de, Yuki Iino cannot be held liable under any circumstances. In the event of an unjustified complaint, we reserve the right to charge compensation for the inspection measures carried out. The amount depends on the effort, but is a minimum of EUR 15.00.

(5) The customer is obliged to check the goods for correctness and usability for their intended purposes upon receipt and before further processing.

§8 Data protection

(1) The data necessary for business processing is stored and used as part of order processing. We also maintain data exchange with SCHUFA and other credit agencies for the purpose of credit checks. All personal data will of course be treated confidentially.

(2) The customer is entitled to withdraw at any time.

§9 Customs processing information for international customers

We appreciate your interest in our products and services. To ensure a smooth and efficient shopping experience, we want to provide you with essential information regarding customs processing.

(1) Understanding Customs Duties and Taxes:
When ordering products from our website for delivery to destinations outside the country of origin, your shipment may be subject to import duties, taxes, and fees. These charges are imposed by the customs authorities in your country and are beyond our control.

(2) Determining Applicable Charges:
The customs duties and taxes vary from country to country, and the specific charges depend on the type and value of the products you order. We recommend checking with your local customs office or using online customs duty calculators to obtain accurate information about applicable charges.

(3) Clearance Process:
Please provide accurate and complete shipping information during the checkout process to expedite the customs clearance process. Additionally, stay informed about any specific regulations or restrictions that may apply to your purchasing products.

(4) Handling Customs Delays:
While we strive to ensure timely delivery, please be aware that customs processing times may cause delays beyond our control. We appreciate your patience and understanding in such situations.

Important Considerations:

You are responsible for complying with all customs regulations and paying applicable duties and taxes.
Failure to pay these charges may result in your order being returned, delayed, or incurring additional fees.
We are unable to undervalue or mark packages as gifts to bypass customs duties.
Contacting Customs Authorities:
We recommend contacting your local customs office for specific information on customs regulations and charges in your country. They can provide the most accurate and up-to-date information based on your location.

§10 Miscellaneous

(1) Orders transmitted multiple times (telephone/fax/letter mail/repetitions) for whatever reason must be clearly marked as such, otherwise they will be executed again. In such cases we cannot bear any costs.
(2) If individual provisions of the delivery contract or these general terms and conditions are ineffective, the remaining provisions remain in effect.

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.