Terms and Conditions (GTC)

1 scope

1.1 These general terms and conditions apply to all products which we, Audiobook Software - Philipp Henkel, Stadtilmweg 6, 76337 Waldbronn, Germany, sell to you, the buyer.

1.2 By submitting your order, you agree to these general terms and conditions.

2 cancellation policy (only for consumers)

2.1 As a consumer, you can revoke your contract declaration within two weeks without giving reasons in writing or by returning the product. The period begins with receipt of this instruction at the earliest, in the case of the delivery of products on a data carrier with the delivery of the data carrier. Timely dispatch of the cancellation or the product is sufficient to meet the cancellation deadline. The revocation must be sent to: 
Audiobook software - Philipp Henkel, Stadtilmweg 6, 76337 Waldbronn, Germany, info@audiobookcutter.de

2.2 You have no right of withdrawal in the following cases:

  • When you have unsealed the data carriers supplied

  • When delivering products that are manufactured according to your specifications or that are clearly tailored to your personal needs

  • For products that are not suitable for return due to their nature, such as download products

 

2.3 Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of products if the deterioration of the product is solely due to its inspection - as it would have been possible for you in a conventional shop, for example. In addition, you can avoid the obligation to pay compensation by not using the product as if you were your own property and by refraining from anything that could impair its value. Products that can be sent by parcel post are to be returned to us. You have to bear the costs of the return if the delivered product corresponds to the ordered product and if the price of the product to be returned does not exceed an amount of EUR 40 or if, at a higher price of the product at the time of cancellation, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Products that cannot be sent as parcels will be picked up from you. You must fulfill your obligations to reimburse payments within 30 days of sending your declaration of cancellation. 
The goods must be returned to the address on the delivery note enclosed with the delivery.

2.4 Your right of revocation expires prematurely in the case of a service if we have started to perform the service with your express consent before the end of the revocation period or if we have arranged this ourselves (e.g. download of a product).

3 Offer, Confirmation and Acceptance

3.1 The prices, price offers and descriptions quoted or mentioned on this website do not constitute an offer and can be withdrawn or changed by us at any time before express acceptance of your order.

3.2 Although we strive to ensure the availability of the products shown on the website, we cannot guarantee that all products will be in stock at the time of your order. Should we not be able to process or fulfill your order, we can reject it without further liability on our part. If this occurs, we will duly inform you of this and reimburse all payments already made for the product.

3.3 An order placed by you represents an offer made by you to us to purchase products under these General Terms and Conditions. All orders placed by you are subject to subsequent acceptance by us.

3.4 We will only validly accept your offer and the contract will only be concluded when we dispatch the products you have ordered (and accept your payment by credit card or other payment). 

4 Your Representations 

You guarantee that all the information you provide when ordering a product is up-to-date and correct and that it is sufficient for us to process your product order. Occasionally it is possible that programming or data transmission failure can result in a price that is inaccurate. This price remains valid, but we reserve the right to correct the price within the framework of the applicable laws and to make you a correct offer of our products and services if the price was shown well below the current market price.

5 Prices and Terms of Payment

5.1 Unless otherwise expressly agreed, the prices for products apply at the time we receive your order. In the event of deviations, the prices on the website or in the order confirmation are not relevant, but only the prices that our declaration of acceptance contains.

5.2 We are entitled to withdraw discounts or adjust prices at any time before accepting your order to take account of increases in costs, in particular increased material, transport or labor costs, increase or introduction of taxes, customs duties or other charges and changes in exchange rates. We also reserve the right to notify you of any errors in prices prior to shipping the product. If you continue with the execution of the order after such information, or confirm the order again in some other way, you declare that you agree that the product will be delivered to you at the corrected price. 

5.3 Unless otherwise stated, prices are in the currency indicated on the website.

5.4 Payments must be made prior to delivery and in the manner described on the website. Payment methods that differ from this description require our prior consent.

5.5 Unless otherwise expressly stipulated elsewhere in these General Terms and Conditions, payment must be made in full, regardless of any claims due to defective products or short deliveries. Please also note this with regard to any payment transfer fees that may arise (e.g. bank fees).

5.6 We charge credit cards on the first working day after receipt of the order. We reserve the right to have credit card payments verified prior to accepting your order.

5.7 You are only entitled to offset, withhold or reduce payment if we have agreed in writing or the counterclaims have been legally established or are undisputed. However, you are entitled to retention due to counterclaims from the same contractual relationship.

5.8 If you are in default, we are entitled to demand interest as lump-sum compensation from the relevant point in time. If you are a consumer, the interest is 5 (five) percentage points above the base rate. If you are an entrepreneur, the interest is 8 (eight) percentage points above the base rate. We reserve the right to claim higher damage caused by default. 

5.9 In the event of default in payment, we have the right to transfer our existing claim against you to a third party without separate notification. As a result, this third party can assert the claim against you on their own behalf.

7 Delivery and transfer of risk

7.1 The delivery times and delivery dates listed on this website, in the order confirmation, in our declaration of acceptance or elsewhere are non-binding estimates. Although we try to adhere to these delivery periods and delivery dates, we are not liable to you for delays in delivery. If we cannot deliver the product within the non-binding delivery time specified, we will refund the purchase price paid upon request. 

7.2 Delivery will be made to a valid address specified by you in the delivery area ("delivery address"). You are required to check the delivery address on all confirmations and declarations of acceptance issued by us and to inform us immediately of any errors or omissions. The costs that arise as a result of changes to the delivery address made by you after placing your order must be borne by you.

7.3 If you fail to accept the delivered products or refuse to accept them, the risk of damage or loss of the product will pass to you without prejudice to all other rights to which we are entitled:

7.3.1 We are entitled to immediately collect payment for the delivered products in full. We are also entitled to bring about delivery by means and means that we consider suitable or to store the product at your risk.

7.3.2 You are obliged to pay all storage costs as well as all other costs, which arise due to the failure to accept or the refusal to accept, upon request.

7.3.3 We are entitled to dispose of the product at our discretion 30 days after the agreed delivery date and to offset any proceeds from the amounts owed by you to us.

7.4 If we deliver products in partial deliveries, each partial delivery constitutes a separate contract. If you are an entrepreneur, you are not entitled to withdraw from subsequent partial deliveries if one or more partial deliveries are faulty. 

7.5 If you are a consumer, the risk of accidental loss and accidental deterioration is transferred to you when you hand over the ordered product. If you are an entrepreneur, the risk of accidental loss and accidental deterioration is transferred to you as soon as the product has been handed over to the person carrying out the transport, but at the latest when it comes into your possession. 

8 Obligation to examine and notify

8.1 If you are a consumer, you are obliged to check the products upon receipt of the delivery and to ensure that the products are in perfect condition, correspond to the description and are complete, provided that such defects and short deliveries are easily recognizable. If you have not reported these defects and short deliveries to us in writing within 2 (two) weeks, the products are deemed to have been approved with regard to the defect in question.

8.2 If you are an entrepreneur, you have the obligation to check the products after receipt of the delivery and to make sure that the products are in perfect condition, correspond to the description and are complete. You can only assert rights in the following cases due to the defectiveness of a product or a short delivery: in the case of defects in the products or short delivery, provided that you inform us immediately, at the latest within 5 (five) days after receipt of the products, in the case of a hidden defect after taking notice, complain in writing. 

9 software

9.1 If a product supplied by us consists of or contains software, this software is licensed by us or by the relevant licensor in accordance with the respective end-user license agreements or other license conditions accompanying the software or the product. This software may only be reproduced, adapted, translated, made available, distributed, changed, disassembled, decompiled, back-translated or combined with other software insofar as this is expressly permitted by (i) the license conditions or (ii) the relevant laws .

9.2 If you have technical questions about your product, please contact the manufacturer directly. Please note that, depending on the manufacturer's country of origin, technical support can only be provided in English. 

10 Limitation of Liability

10.1 We are only liable to you for damage caused by an intentional or grossly negligent breach of duty by our representatives, vicarious agents or ourselves. 

10.2 In addition, we shall only be liable to you up to the amount of the typically foreseeable damage when the contract was concluded, insofar as the damage was caused by ourselves, our representatives or our vicarious agents and from the breach of an essential contractual obligation. 

10.3 This limitation of liability applies to all claims for damages, regardless of the legal basis, in particular for pre-contractual and secondary contractual claims. This limitation of liability does not affect mandatory statutory liability based on the Product Liability Act (Section 14 of the Product Liability Act) as well as liability for damage resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty by our legal representatives or vicarious agents or negligent breach of duty on our part themselves are based.

10.4 You are obliged to take all actions that are necessary and that can reasonably be expected of you in order to prevent damage and to reduce damage. You are also obliged to make backup copies for your files at reasonable intervals, but at least once a day, so that destroyed or lost data can be restored with reasonable effort. Failure to fulfill this obligation is considered contributory negligence.

11 Reservation of title

11.1 Ownership of the products is only transferred to you after full payment of the order price, including any interest or other amounts relating to the products, or, in the case of payment by check or bill of exchange, only when they have been redeemed. Until then, you have to keep the products in such a way that they can be recognized as our property at any time and immediately, as well as to keep accurate records and documents so that we are able to distinguish between those products for which the payment has been made in full, and those for whom payment is still open. Pledges or collateral assignments are inadmissible. As a consumer, you are not entitled to resell.

11.2 As an entrepreneur, you are entitled to sell the products in the ordinary course of business before the transfer of ownership. You have to keep all payments resulting from the resale of the products or any other legal reason relating to the products in trust for us in a separate account. You agree to assign all rights to these payments and the separate account or all rights and claims that have arisen from this sale to your customers to us immediately upon request, until the payment has been made in full. You further agree not to transfer these rights to third parties without our prior written consent.

11.3 We reserve the right to take possession of the products again in the event of default and to sell them again. For this purpose, you give us the irrevocable right and authorization for our vicarious agents and representatives to enter your premises during normal business hours and after timely and written notification. This provision 11.3 remains in force regardless of the termination of the contract, regardless of how it came about.

11.4 Our assertion of retention of title does not constitute a withdrawal unless we expressly notify you of this. 

12 Third Party Rights

You have to indemnify and hold us harmless from all liability as well as from all claims and costs that arise or are brought to us as a direct or indirect result of all that work that is related to your requirements or specifications or that of one of your representatives on the products are to be carried out and which represent an infringement of third party property rights or are alleged as such by third parties.

13 Your rights in the event of delivery of a defective product

13.1 All product specifications, illustrations, drawings, details, dimensions, performance data and other data on the website or provided by us in any other way are only used for the general presentation of the products and are neither the subject of a quality agreement nor do they represent a guarantee to the effect that that the products correspond to these.

13.2 A product is defective if it does not have the agreed quality or if it infringes industrial property rights, copyrights or other rights of third parties.

13.3 In the event of delivery of a defective product, you have to set us a reasonable deadline for subsequent performance. In this case, we can choose to either eliminate the defect through repair or replace the defective product with a new product. 

13.4 If we are unable to remedy the defect within a reasonable period of time, you are entitled to assert your statutory warranty rights as follows: 

13.4.1 The right to reduce the respective price (reduction) is excluded. 

13.4.2 Your right of withdrawal is limited to the respective order.

13.4.3 Before exercising your right of withdrawal, you have to set us a further reasonable deadline for subsequent performance. 

13.5 When you exercise your right of withdrawal, your right to use the product ends. In this case, you must immediately remove the software from all systems, storage media and other files and destroy the products and all copies of the software. You also have to submit a separate written declaration that you have carried out the above actions.

13.6 If you are a consumer, your above rights expire within 24 months from the date of delivery of the products. If you are an entrepreneur, your above rights expire within 12 months from the date of delivery of the products. 

13.7 Unless otherwise agreed, your rights listed under Section 13 do not apply in the following cases:

13.7.1 If the products are repaired or modified by persons other than the manufacturer, ourselves or authorized dealers. 

13.7.2 If the defects are partially or entirely due to incorrect handling, incorrect use, unsuitable storage, maintenance or installation or failure to follow the manufacturer's instructions or other instructions provided by us for the products supplied.

13.8 If you are of the opinion that you are entitled to a reversal of the contract, please inform us of this with your reasons for such reversal. We will then check your details in consultation with the manufacturer of the product.

14 Permits, Customs Duties and Exports

14.1 If any government or other agency permit or license is required for purchase, transport, or use, it is your responsibility to obtain such permit or license at your own expense and provide evidence of it to us upon request. Failure to collect the goods does not entitle you to withhold or delay payment for the goods. You must bear all costs and expenses incurred by us as a result of this failure to collect.

14.2 The products sold to you under these General Terms and Conditions may be subject to certain export control laws or regulations in the delivery area in which you receive or apply them, as well as in other jurisdictions. It is your responsibility to obey these laws and not do anything that might violate them. 

14.3 Goods imported into the European Economic Area (EEA) above a certain value may be subject to customs duties (e.g. if the price of the goods exceeds your personal import allowance). You may be charged customs duties, import duties and taxes when the goods arrive at the location you have specified. All of these additional costs for customs clearance and import duties or taxes are to be borne by you, as these are beyond our control and are not known to us. You can obtain more detailed information about customs guidelines or duties from a customs office responsible for your jurisdiction.

15 messages

All notices and other communications in connection with our contract can be sent personally, by post with sufficient postage, by fax or by email to the latest address and the responsible contact person, which has been made known in writing by one party to the other party. This address is also the delivery address for the delivery of documents in the context of legal proceedings. 

16 Personal information and data protection

We follow the relevant data protection laws and collect, store and use your personal information exclusively in accordance with the provisions of our data protection declaration.

17 final provisions

17.1 You are not authorized to transfer your rights under these terms and conditions to any third party. 

17.2 These general terms and conditions replace all express or tacit oral or written contracts or provisional agreements between us. Predefined conditions or provisions that contradict them are hereby excluded. This exclusion applies in particular to the contractual conditions you have specified, such as general terms and conditions. We reserve the right to change these terms and conditions at any time without notice.

17.3 If one party hesitates, waives or fails to enforce its rights under these terms and conditions, or if it grants the other party time limits, these rights and powers of the party remain unaffected.

17.4 A waiver of one or more conditions of these general terms and conditions requires the written form and our signature to be effective. A waiver to pursue a violation of the Terms and Conditions shall not be construed as a waiver to pursue subsequent violations.

18 Applicable law, place of jurisdiction, severability clause

18.1 The law of the Federal Republic of Germany applies to these general terms and conditions. The provisions of the UN sales law do not apply. 

18.2 If you are a businessman, a legal entity under public law or a special fund under public law, Karlsruhe is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The language of the court and the language in out-of-court dispute settlement proceedings is German.

18.3 If for any reason it is determined by us or by a competent court that any provision or part of these Terms and Conditions is unlawful, unenforceable or invalid under the relevant laws of a particular jurisdiction:

18.3.1 this affects these General Terms and Conditions in other jurisdiction conditions only to the extent to which this determination can apply there,

18.3.2 the remaining part of the General Terms and Conditions in the relevant jurisdiction retains force and effect to the maximum extent permitted by law.


As of May 3rd, 2015