Terms and Conditions

General terms and conditions
of HiFi im Hinterhof GmbH

1. Jurisdiction
1. The online portal www.hifi-im-hinterhof.de is solely operated by HiFi im Hinterhof GmbH, Berlin (hereafter called HiFi im Hinterhof). A contract of sale is entered into with us on the basis of the following terms and conditions.
2. Contract details/ Delivery Times
1. The presentation of goods and the downloading of software doesn’t signal a legally binding offer. By pressing the ‘Place Order’ button you request an offer for the entrance into a contract of sale. We then receive confirmation of the receipt of order although this still does not confirm the sale. The contract only takes affect when it is explicitly communicated or with the sending of an email to conditions in which the customer is informed that the goods are available for collection or have been sent. If this explicit acceptance is not issued within five calendar days, the contract is not deemed to be invalid.
2. A delivery of goods or the provision of a license key/code used to download software will be provided within the delivery period which first begins after successful receipt of payment.
3. Availability of Goods
1. It is remains possible at all times that your desired order might not be available even if the website states that it is available. We reserve the right not to complete the order and thus not enter into a contract of purchase. In this case the customer will be notified and any payments received will be refunded immediately.
4. Consignment
1. Place of fulfilment is the merchant’s retail business in case of doubt.
2. The customer is obliged to accept reasonable part-deliveries.
3. Partial deliveries are to be paid separately, provided that legitimate interests do not interfere.
5. Price subject to change
1. If more than four (4) months have elapsed the point of time at which the contract is entered into and the agreed delivery date, the retailer is entitled to alter price within the contract which is the actual buying price that would be paid to the retailer if a purchase contract were to be entered into at that point in time.
2. If the price increase exceeds the permitted price increase by the German Federal Statistics Office consumer price index for the same period, the customer shall have the right to rescind the contract. The right of withdrawal shall expire if it is not exercised within 2 weeks from the announcement of the price increase.
6. In-Store Warranties
1. For new equipment purchased by a private individual, the manufactor's warranty period shall be honoured.
2. For used equipment purchased by a private individual the store-warranty period is twelve months. For equipment purchased by an individual representing a business, by a person owning or associated with public assets, or if the equipment is intended for commercial use then special special conditions apply: for new equipment, the store-warranty period is twelve months, for used-equipment purchased by the above persons, the store-warranty period is annulled.
3. If the repair is unsuccessful and therefore the customer wishes to withdraw from the contract, both parties have to surrender the profits drawn. In this case the buyer has has profited from his purchase, compensation must be paid for this use (§ 346 BGB). This amount compensation reduces the repayable purchase price to retailer.
7. Retention/transferring of titles
1. The object remains the property of the retailer until the entire payment has been finalised and the contract complete. Up until the purchase has been completed, the merchant is entitled to claims against the customer. During this time, the object may not be sold or given away or lent. In the case of a seizure, destruction, damage or theft of the dealer shall be informed immediately.
2. In the case of a seizure, destruction, damage or theft of the dealer shall be informed immediately.
3. The customer hereby assigns any claims against a damages or any insurance in compensation for destruction, damage, etc. from the the retailer accepts such assignments. Upon the complete satisfaction of all claims by the retailer under this contract the assigned claims go back on to the customer.
4. During the period of the retailer's retention of title, the customer is obliged to perform all necessary maintenance and repair work professionally, as well as the purchase object properly.
8. Sales by internet, phone or email
1. If the purchase has been finalised by means of correspondence and not in person (§312c 2 BGB), the customer has the right to withdrawal or to return the purchase within fourteen (14) days.
9. Compensation for damages
1. In the event of damages occurring before the customer has not finalised the purchase, by way of complete payment and contract, the customer has to pay 20% of the purchase price (excluding V.A.T) as blanket compensation, without need for special evidence.
2. In certain instances both parties have the right to claim that the damages are much higher or lower than agreed to, or that they do not exist at all.
3. The liability of the merchant is limited to intent and gross negligence. This does not apply to personal injury, nor for the breach of those duties which constitute the essence of the contract (material obligations).
10. Back-up and data security/data protection
1. If a data storage device is left with the merchant (especially with warranty, repair orders and computers), or if access is granted to data, the customer is required that the data is backed-up, so that data can be restored in case of data loss.
2. The data backup is to be kept in respect of data loss for the entire legal warranty period.
11. Repairs
1. If a repair deadline that was arranged with the customer is not going to be complied by, the customer has to reimburse the merchant the accruing costs, within reason.
2. The giving-over of the repaired item can only be made upon on proof of order. In the case that the original proof of order can not be found,  for example due to loss of documentation– the transaction can only be made when the merchant has secured initial proof that the order has been made, such as original proof being provided by a third party.
3. If after one (1) week, the repaired item has still not been picked-up or after the merchants’ prompt to do so, the merchant will send the customer a reminder about the pick-up. If the item is then not picked up within one (1) more week after the reminder has been, the merchant is then only liable in case of loss or gross fault.
4. Paragraph three (3) is similarly valid for warranties.
12. Sales in lieu of customer
1. Goods offered and sold through the retailer with under the title 'Kundenauftrag' (Customer contract) means that the object for sale is not owned by the retailer though is a sale being made through retailer. The retailer has not checked the goods for proper operation.
2. A sales contract and service contact is made by the retailer between the customer who is selling the object and the customer who is purchasing it.
3. A warranty under § 3 paragrah three (3) by the retailer surrounding the purchase is not applicable. Warranty claims must be submitted to the customer.
4. Cancellation and return policy pursuant to § 5 paragraph five (5) distance selling,  is expressly granted.
5. The payment of the purchase contract can be done in the course of the service contract of the bank/cashier of the dealer. The purchase price is to be paid directly to the customer.
13. Final clauses
1. If the contract that was concluded in writing requires deviations or additions compared to the written text of the treaty that were taken during the contract negotiations or to contract or to have been met, to become effective writing. After conclusion of the contract made individual agreements thereof are not touched.
2. Terms and conditions pertaining to the customer are not valid.
3. The customer data must save the retailer extent permitted by law and exploit. This notice is a notification within the meaning of § 33 of the Federal Data Protection Act.
4. If the customer is an entrepreneur or a legal person under public law i.e. an individual representing a business; a person owning or associated with public assets or in possession of a publically applicable fund, the exclusive place of jurisdiction the registered office of the retailer. The same applies if the customer transfers his residence or habitual residence abroad after conclusion of contract, or when the action was brought his domicile or habitual residence is unknown. 
14. Legal Note for Dispute Resolution:
1. The EU Commission has created an online platform for dispute resolution (“ODR platform”) available at: www.ec.europa.eu/consumers/odr. We will, however, endeavor to resolve all disputes and discrepancies directly with you. Our email address can be found in the our About section of this website. Furthermore, we are not legally obliged to participate in a dispute settlement proceeding in front of a consumer arbitration board.