GTC

General Terms and Conditions of the company Hess Sound GmbH & Co. KG - Uenzer Dorfstraße 71 - 27305 Bruchhausen-Vilsen

1. general / conclusion of contract

  1.  The purchase contract is concluded upon delivery of the goods.
  2.  Order data is stored by us for 24 months. If you lose your order data, please contact us by e-mail or telephone. We will be happy to send you a copy of your order data.

2. prices and terms of payment

  1.  For the delivery of available articles, the prices of the price list of Hess Sound GmbH & Co. KG.
  2.  All our prices include the statutory value added tax. The shipping method and packaging are subject to the dutiful discretion of the seller.
  3.  Payment shall only be deemed to have been made when we can dispose of the amount. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 8 percentage points above the respective prime rate of the ECB in accordance with the Discount Transition Act.
  4.  The customer, who is an entrepreneur, shall only be entitled to fulfill the obligation to pay the purchase price by offsetting if his counterclaims have been legally established, are undisputed or have been recognized by us. Furthermore, the customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
  5.  Prices in our product catalog are subject to change and errors excepted.

3. delivery period

  1.  All items that are immediately available from stock will be dispatched within 1 - 7 working days (after receipt of payment in the case of prepayment). If items are not immediately available, so that the delivery time is delayed, we will inform you.
  2.  The delivery period begins with our confirmation of readiness for delivery.
  3.  The delivery period may be extended by the time until you have provided all information and documents necessary for the execution of the order.
  4.  Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. We will inform you immediately of the beginning and end of such delays in important cases.

4. delivery, dispatch, transfer of risk

  1.  Partial deliveries by us are permissible insofar as these are reasonable for you.
  2.  We may determine the shipping method, the shipping route and the company commissioned with the shipping at our discretion, unless you give any express instructions.
  3.  In the case of a purchase of consumer goods, the risk is transferred to you as soon as the shipment with the delivery items is handed over to you by the carrier.
  4.  Obvious damage to the transport packaging must be confirmed immediately by the shipping company and reported to us.

5. revocation instruction

  1. Right of withdrawal: You have the right to withdraw from your purchase contract within fourteen (14) days without giving any reason. The withdrawal period begins on the date on which you or a third party named by you, who is not the carrier, takes possession of the ordered goods. To exercise your right of withdrawal, you must inform us, Hess Sound GmbH & Co. KG, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen, phone: 04252-2411, e-mail: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the available sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period
  2. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us (Hess Sound GmbH & Co. KG Logistikzentrum, Kirchberg 12, 28857 Syke) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods, which shall be carried out by a shipping service provider of your choice. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
  3. Exclusion of the right of withdrawal
    The right of withdrawal does not apply to

     

    • Delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
    • Delivery of audio or video recordings in sealed packaging if the seal has been removed after delivery.

6. refusal of acceptance

  1. The buyer's refusal to accept the goods does not constitute a revocation within the meaning of Section 355 (1) BGB.
  2. If a buyer who is not a consumer within the meaning of § 13 BGB does not accept the goods sold, we are entitled to either insist on acceptance or to demand 10% of the purchase price as lump-sum compensation for damages and expenses, unless the buyer proves that no damage or less damage has been incurred. In the event of exceptionally high damages, we reserve the right to claim these. For the duration of the buyer's default of acceptance, we are entitled to store the delivery items at the buyer's risk at our premises, with a forwarding agent or a warehouse keeper. For the duration of the delay in acceptance, the buyer shall pay us a lump sum of EUR 15.00 per month for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the buyer proves that expenses or damage have not been incurred. In the event of exceptionally high storage costs, we reserve the right to claim these.
  3. In the event of an unjustified refusal of acceptance, we are entitled, in accordance with § 304 BGB, to invoice you for the resulting claims for reimbursement of expenses.

7. reservation of title

  1. We reserve title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. financing costs, shipping costs, interest, etc.). If you act in breach of contract, we are entitled to demand the return of the purchased item.
  2. In the event of seizure or other interventions by third parties, you must notify us immediately in writing.
  3. Any processing or transformation of the purchased item by you shall always be carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing.
  4. You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims against your customer or third parties arising from the resale in the amount of the final invoice amount.

8. warranty / exclusion of liability

  1.  Warranty rights are governed by the statutory provisions, unless otherwise stated below. Liability for normal wear and tear is excluded. The warranty period for used goods is 12 months from the transfer of risk.
  2.  We accept no liability for defects and damage resulting from unsuitable or improper use, non-compliance with instructions for use or incorrect or negligent handling. This also applies to defects and damage caused by fire, lightning, explosion or power surges or moisture of any kind, unless the buyer can prove that these circumstances are not the cause of the defect complained about.
  3.  The warranty expires if you carry out interventions and/or repairs on devices or have them carried out by persons who have not been authorized by us, insofar as the defect that has occurred is due to this.
  4.  For obvious defects in commercial transactions, § 377 HGB applies.
  5.  In the event of a warranty claim, the consumer is entitled, at his discretion, to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance). If the chosen type of subsequent performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of subsequent performance. Within the scope of the delivery of defect-free goods, the exchange for higher-quality products with comparable properties is already deemed to have been accepted, insofar as this is reasonable for the consumer and us (e.g.: exchange for the successor model, same model series, etc.). Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if subsequent performance fails twice.
  6. If the purchaser is an entrepreneur, we shall be entitled to choose whether to remedy the defect or deliver defect-free goods in accordance with § 439 BGB within one year of the delivery date. After the expiry of one year from the date of delivery, his warranty claims shall be limited to rectification of defects or crediting of the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of § 478 II BGB, this shall be limited to a maximum of 2% of the original value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs according to 8.1 in the sense of the equivalent compensation according to § 478 IV p. 1 BGB.
  7.  No new warranty/guarantee periods come into force as a result of an exchange under warranty/guarantee; § 203 BGB remains unaffected.
  8.  We do not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. Any warranty rights granted by the manufacturer shall remain unaffected and shall be determined exclusively in accordance with the warranty declaration provided to the customer with the goods.
  9.  In accordance with the statutory provisions of warranty law, we shall be liable without limitation for damages resulting from injury to life, limb or health that are based on a negligent or intentional breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This is the case if the breach of duty relates to a duty whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer has relied and was entitled to rely.
  10. The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside of warranty law. This includes in particular the breach of primary and secondary obligations in the period prior to delivery of the goods. Otherwise, liability is limited to intent and gross negligence. We shall not be liable for the recovery of data unless we have caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
  11. If you have any questions regarding the processing of warranty claims, please contact us by e-mail or telephone. You can find a return form online at https://www.hess-sound.de/app/uploads/2018/10/Ruecksendeformular.pdf

9. rescission in the event of deterioration of assets

We may withdraw from the contract if we become aware of a suspension of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency for lack of assets, bill or check protests or other concrete indications of deterioration in the buyer's financial circumstances.

10. use of customer data

We are authorized to process all data relating to business relationships with you in accordance with the Federal Data Protection Act.

Reference is made to our data protection regulations.

11 Place of jurisdiction, partial invalidity, applicable law

  1.  In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract shall be Syke; we shall also be entitled to sue at the buyer's registered office.
  2.  If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid.
  3.  In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that consumer law provisions are mandatory.

12. data protection

The protection of your data is of the utmost importance to us, which is why compliance with data protection regulations is a matter of course for Hess Sound GmbH & Co. KG is a matter of course.

  1.  The data will only be processed and passed on to third parties if this is necessary for the execution of the contractual relationship between the seller and the client.
  2.  The client has the right to free information about his stored personal data at any time and, if necessary, the right to correct, block and delete this data.


Contact us

If you have any further questions on the subject of data protection, requests for information or changes, please do not hesitate to contact us by telephone or at [email protected].

Last change: 22.02.2023