Terms of service
1. general
The following general terms and conditions and information apply to all contracts concluded via the online store at "www.underdog-audio.com". The provider and seller is:
underdog*
Leipziger Str. 32
09648 Mittweida
* underdog - Proud part of the IMM electronics GmbH rock band!
Our managing directors: CEO Dipl.-Ing. (BA) Matthias Banowski; COO Dipl.-Wirtsch.-Inf. (BA) André Strobach; CFO Dipl.-Wirtschaftsjur.(FH) René In der Stroth
Sales tax identification number according to § 27 a sales tax law: DE 226407662
Commerce register entry local court Chemnitz: HRB 20383
Terms and conditions of a customer deviating from these General Terms and Conditions shall only be recognized by underdog if underdog has agreed to these terms and conditions in writing. This also applies if underdog executes a customer's order without reservation in the knowledge of conflicting or deviating terms and conditions.
This document can be viewed at any time on underdog's website. Furthermore, underdog sends these terms and conditions and information to the customer as part of the contract confirmation for each contract concluded via the online store. Alternatively, the contract confirmation can also be sent in printed form with the goods.
2. Conclusion of the purchase contract
The customer concludes a purchase contract with underdog.
After receipt of the order, including the payment process, the customer immediately receives an order confirmation by e-mail. This corresponds to the acceptance of the order by underdog.
Underdog is entitled to reject offers from customers without giving reasons. Orders with
delivery addresses outside the delivery area specified in the online store are not possible.
3. ordering process, payment and returns
By selecting the goods, they are placed in the virtual shopping cart. All selected products can be viewed there, including the costs incurred for shipping and the total amount. It is also possible to delete individual items or the entire shopping cart. The submission of a binding order is possible after entering the required personal data and clicking the button "order with obligation to pay" in the final step of the ordering process. By clicking the button "order with obligation to pay", a binding purchase offer is submitted. When exercising a right of withdrawal (see below), the customer must bear the direct costs of returning the goods.
4. right of withdrawal for distance selling contracts
Distance contracts are contracts for the supply of goods or the provision of services, including financial services, concluded between a trader and a consumer using exclusively means of distance communication, unless the contract is not concluded within the framework of a distribution or service system organized for distance selling.
The right of withdrawal does not apply to customers who are entrepreneurs pursuant to Section 14 (1) of the German Civil Code (BGB) and are therefore acting in the exercise of their commercial or self-employed activity when concluding the purchase contract.
Customers who are consumers and to whom the provisions on distance selling contracts within the meaning of Section 312b BGB apply may cancel their contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to them before the deadline expires - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient.
Timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to:
IMM electronics GmbH
Leipziger Str. 32
09648 Mittweida
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) surrendered. If you are unable to return or surrender to us the goods received and any benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Items that can be sent by parcel post are to be returned at our risk in the original box. You have to bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the withdrawal policy
Returns are excluded if the delivery item has been manufactured according to the customer's special specifications and wishes.
Withdrawal form
If you wish to withdraw from the contract, please fill out this form and send it back to us:
IMM electronics GmbH
Leipziger Str. 32
09648 Mittweida
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
4.2 Note on consumer dispute resolution
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
5. Retention of title
The delivered goods remain the property of underdog until the purchase price has been paid in full by the customer. If the customer is a merchant, the ownership of the purchased goods shall only be transferred from underdog to the customer when the customer has settled all claims arising from the existing business relationship with underdog. If the retention of title of underdog to goods purchased in commercial business transactions expires due to resale, combination or processing of these goods, the new item or the claim resulting from the use of the goods shall replace the previous reserved goods.
6. Purchase price and terms of payment
The total purchase price shown in the course of the order process shall become due for payment after the customer has submitted his offer and after acceptance by underdog. The payment methods shown in the order process are available. In case of credit card payment, the customer's credit card will only be charged upon acceptance of the offer. The same applies to any other online payment options offered by underdog.
All prices quoted include the statutory value added tax. Any additional delivery, packaging and/or insurance costs are also stated and are to be borne by the customer. The customer is not entitled to a discount. In the event of return debit notes or reversals of credit card payments for which the customer is responsible, underdog is entitled to charge a reasonable processing fee which, in addition to the third-party costs incurred by underdog as a result, also takes into account the internal processing costs. Offsetting against claims of underdog is excluded unless the counterclaim is undisputed or has been legally established or the counterclaim is based on claims for return processing after revocation of a contract in case of a purchase by consumers. The customer is only authorized to assert rights of retention to the extent that his claims are based on the same contractual relationship.
7. delivery/partial performance
underdog is entitled to early and/or partial delivery, but always tries to process an order by a coherent delivery. If the customer is not a consumer, he bears the transportation risk. The customer will not be charged for any additional costs resulting from partial deliveries. Partial deliveries are excluded if they are unreasonable for the customer. If an order is accepted, delivery is generally made within 3-5 working days of acceptance of the order, unless a longer delivery time is indicated in the item description. This then applies.
8. Warranty and manufacturer's guarantee
The statutory warranty rights apply in the event of defects with the proviso that underdog is entitled to rectify the defect or deliver a defect-free item at its own discretion if the customer is not a consumer. The warranty period is two years for new goods and one year for used goods. If the customer is an entrepreneur, a warranty period of one year shall always apply; this shall not apply if there is a justified case of supplier recourse pursuant to Section 478 BGB. If the customer is an entrepreneur, the obligations to inspect and give notice of defects under commercial law shall also apply.
9. Liability
underdog is liable for damages caused by it, its legal representatives or vicarious agents only in case of intent or gross negligence. The limitation of liability does not apply in case of violation of essential contractual obligations, but is limited to the typical foreseeable damage. Essential contractual obligations are abstractly those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance a contractual partner may regularly rely. The legal liability for damages caused intentionally or negligently from injury to life, body or health as well as according to the Product Liability Act and in the absence of a quality for which underdog has assumed a guarantee remains unaffected.
10. data protection
Insofar as underdog collects data from customers in the course of processing orders, it complies with the data protection provisions of the European Data Protection Regulation (GDPR) and all other applicable data protection regulations. underdog treats this data confidentially and uses it exclusively within the scope of what is necessary for the purpose of the contract. Further information on the processing of personal data by underdog can be found in our privacy policy.
11. Place of performance, place of jurisdiction, applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction and place of performance for all legal disputes arising from a contractual relationship with us in accordance with these General Terms and Conditions shall be Chemnitz, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. This agreement on the place of jurisdiction shall also apply if the customer has no general place of jurisdiction in Germany.
Status: September 2024