General terms and conditions
Welcome on the website audio-markt.de.
Owner: Karen Schoppe-Brings, in the following mentioned as " audio-markt ".
These are the general trading conditions of audio-markt (in the following GTC). With these GTC the law applies between audio-markt and individuals and legal entities, who use the internet service of audio-markt (in the following "users").
Preamble / Objectives
audio-markt is a digital marketplace for hifi and music enthusiasts. On this website, users can offer and sell goods and services ( in the following "articles") that meet the needs of people interested in music and hifi. These must not be articles that violate legal regulations and/or these General Terms and Conditions. audio-markt itself does not offer any articles and does not itself become a contractual partner. These contracts are concluded exclusively between the users of this marketplace. For the completion of the contracts that are concluded, the users themselves are exclusively responsible.
With registration on our website the contract is concluded with audio-markt
50769 Cologne, Germany
Phone: +49 221 / 222 07 56
Fax: +49 221 / 222 07 77
Authorized managing director: Karen Schoppe-Brings
Tax office Köln Nord
VAT ID No.: DE214360471
Conclusion of the contract and identifiable address
A user must register in order to be able to use the audio-markt marketplace. This is done by registering for a member account and agreeing to these terms and conditions. A requirement on registration to our website does not exist. Legal and contractually capable natural persons can register. Other general terms and conditions do not become part of the contract. This also applies if we have not expressly contradicted them. Minors may not use the audio-markt website. The registration itself is free of charge.
With the registration a contract for the use of the audio-markt website is concluded between
50769 Cologne, Germany
Phone: +49 221 / 222 07 56
Fax: +49 221 / 222 07 77
and the user ( in the following "license agreement"). The data provided by the user must be truthful and correct. The user is obliged to correct his data as soon as it changes. When registering the user chooses a user name and password. The user name must not violate the rights of third parties or good morals. The password must be kept secret. audio-markt is not liable for unlawful use of the audio-markt account due to lost access data.
The member account is not transferable. Violations against this regulation allows to the cancellation of the license agreement.
If you act as a consumer, you have the following right of cancellation:
a) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the day the contract is concluded (first-time registration on audio-markt).
In order to exercise your right of revocation, you must inform audio-markt (Herzog-Johann-Str. 38, 50769 Cologne Tel.: +49 221 / 222 07 56, Fax: +49 221 / 222 07 77, www.audio-markt.de, email@example.com) of your decision to cancel this contract by means of a clear and unambiguous declaration (a letter, fax or e-mail sent by post). If you make use of this option, we will immediately (by e-mail) send you a confirmation of receipt of the revocation. In order to comply with the cancellation period, it is sufficient for you to send the notification of the revocation before the expiry of the cancellation period.
The revocation is to be addressed to:
Mrs. Karen Schoppe-Brings
50769 Cologne, Germany
Phone: +49 221 / 222 07 56
Fax: +49 221 / 222 07 77
b) Consequences of revocation
If you revoke this contract, we will repay to you all payments received from you immediately and no later than fourteen days from the date on which we received notice of your revocation of the contract. We will use the same way of payment used by you in the original transaction for such refund, unless expressly agreed differently with you and in no event will you be charged for such refund.
If you make use of the services provided by audio-markt, which have already been completed upon receipt of the revocation, the fees incurred for these services must be paid in accordance with audio-markt's list of fees.
The above mentioned contract of use is concluded for an unlimited period of time.
Each contracting party may, however, terminate the contract by giving four weeks' notice to the end of the month without stating reasons. The cancellation can also be made by e-mail to firstname.lastname@example.org .
The termination for important reason without observing a period of notice remains unaffected by this.
audio-markt charges a fee for offering or requesting products. The amount of the fee depends on the schedule of fees. The fees are due for payment when the invoice is issued. Payments within Germany are made by invoice or direct debit. The user agrees with registration to bear the resulting additional costs of a failed direct debit if the failure is within the responsibility of the user. Users from abroad pay by invoice and bank transfer.
Prohibited articles / contents
audio-markt is not responsible for the content of data, information and links to other websites provided by users. Therefore, audio-markt does not assume any liability or guarantee for the content, topicality, completeness and correctness of the information.
It is not permitted to offer or buy articles or to place contents on the audio-markt website which violate legal regulations or in general offend against good morals.
This applies in particular:
- Articles which violate the rights of personality, copyrights or trademarks of third parties;
- chemicals dangerous to health as well as toxic substances and radioactive substances;
- pornographic articles and articles harmful to minors;
- the posting, linking or offering of prohibited pornographic material;
- Offering or advertising medicines, weapons, drugs and other illegal activities.
audio-markt reserves the right to delete articles and posted content/data/links that violate applicable law or these terms and conditions from the audio-markt offer pages that block the corresponding content/data/links. Also the competition-legal warning by third authorizes audio-markt to the blocking/deletion of the appropriate contents, data and links. Users who violate the laws and rules mentioned here, and thus cause an investigation against audio-markt, will be held liable for the damages incurred (court and attorney fees). We ask all audio-markt users to inform us about any such violations.
Notification of a possible infringement
If users believe that their rights will be violated, they have to inform audio-markt in writing and request the removal of the offer. We reserve the right to remove content from our website if we have concrete indications for the violation of our GTC or the rights of third parties. In order to report a possible infringement, audio-markt requires the following information/statements from the reporting user - information on the holder of the intangible right or his authorised representative including contact details
- Affidavit with a concrete indication of the possible infringement and of the reported offer(s) (article number), from which it is clear in concrete terms why the removal of the offer is requested
- Consent to the transmission of the above information to the seller. Only when the above-mentioned information/statements have been submitted audio-markt will check the reported offer. The required information/statements must be complete and truthful.
The user of the audio-markt website expressly affirms that the data/contents/links provided by him are compatible with the applicable law.
National and international copyright law must be observed for all articles, content and links to other websites. This applies in particular to software, the use and further processing of images, graphics, fonts, texts, sound documents and video sequences. Before placing the data/content/links on the audio-markt website, the user must check whether, for example, scanning or burning them onto a CD is permitted and whether the use of the data/content/links does not violate the rights of third parties.
audio-markt has the exclusive right of use and copyright to the images, graphics, fonts, texts, sound documents and video sequences that audio-markt has uploaded and produced itself. These data/contents/links may not be used or reproduced without the explicit permission of audio-markt.
The user indemnifies audio-markt against all claims asserted by other users or third parties against audio-markt due to infringement of their rights by articles, contents, links to other websites posted by the user on the audio-markt website or due to other use of the audio-markt Website. The user also bears the costs of the necessary legal defence, including all court and attorney fees. This does not apply if the user is not responsible for the infringement.
Contents of the offers (item description)
It is allowed to give the full name, if applicable the company name and the full address.
All types of direct or indirect advertising for services or offers outside the action are only permitted within the framework of advertising contracts to be concluded separately with audio-markt. The linking, naming, in whole or in part, of one's own internet pages is also only permitted within the framework of an advertising contract to be concluded with audio-markt. The text description has to refer exclusively to the one article or to an offer package, consisting of individual articles, which are offered however only as a package. Additions like "other or further goods or articles on request" or similar formulations are to be refrained from. Reproductions, plagiarisms, copies or replicas must be clearly described as such. In particular, it must be pointed out if the article is not new.
The price of the respective article is the final price including value added tax and other price components.
In order to prevent fraudulent actions and given the fact that the actual identification of natural or legal persons on the internet is made difficult, audio-markt has a rating system. audio-markt does not know the personal circumstances of sellers and buyers. In order to enable a certain assessment of creditworthiness, audio-markt maintains a database on its websites that shows whether the respective user has participated in transactions and fulfilled his payment obligations. audio-markt records successful and failed transactions in its database. Conclusions from the information in the credit rating system may be inaccurate, e.g. due to changes in the circumstances of the users or deliberate or inadvertent misrepresentations. With the help of this system, users can evaluate each other according to the contract that has been concluded. This should help the users to assess the reliability of their contract partner. The users must therefore provide truthful information in their evaluations. The ratings given must be factual and must not contain any insults.
audio-markt is entitled to exclude users who violate these rules from the marketplace at short notice.
The personal data of audio-markt users will not be passed on to third parties. audio-markt undertakes to provide the user with information on his stored data upon request. The personal data of our users will be treated in accordance with the Federal Data Protection Act of the Federal Republic of Germany and will only be used and stored for billing purposes.
You will find our complete data protection declaration in the menu item under Data protection.
System integrity and disruption of our website
The user is not entitled to use any mechanisms, software or other scripts in connection with the use of the audio-markt website that may interfere with the functioning of the audio-markt website. The user may not take any measures that could result in an unreasonable or excessive load on the audio-markt infrastructure. The user is not permitted to block, overwrite or modify content generated by audio-markt or to interfere in any other way with the audio-markt website.
The content stored on the audio-markt website may not be copied or distributed, used in any other way or duplicated without the prior permission of the copyright holder. This also applies to copying by means of "robot/crawler" search engine technologies or other automatic mechanisms. The layout of the audio-markt websites and these General Terms and Conditions may only be reproduced and/or used on other websites with the prior written agreement of audio-markt.
Scope of use / System availability
The user's claim to use the audio-markt website and its functions exists only within the framework of the current state of technology. audio-markt temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and if this serves the proper or improved provision of the services (maintenance work). In these cases, audio-markt takes into account the legitimate interests of the members, e.g. by providing advance information.
audio-markt strives to guarantee an availability of 24 hours daily on 7 days/weeks. audio-markt uses for this a well-known and proven internet provider. For only short term and/or insignificant impairment of the audio market place and the callability of individual entries the guarantee is impossible. Audio-markt is not liable for access restrictions based on force majeure and for which audio-markt is not responsible.
audio-markt cannot be made liable for server failures of the provider and possibly lost profits. In case of data loss or system failure audio-markt is only liable in case of intent or gross negligence. The height of the compensation cannot exceed the corresponding amount of a compensation for one calendar year. Claims for damages beyond this are excluded.
In principle, the timely notification of any malfunctions or defects is a fundamental requirement for remedy. Excluded are claims due to obvious defects which have not been reported in writing within 2 weeks after knowledge or possibility of knowledge.
The warranty is primarily provided by rectification of defects. If this is missing, the user can reduce or terminate the contract.
Written form and place of jurisdiction
All declarations in connection with the contract of use to be concluded or concluded with audio-markt must be made by written form or e-mail. This also applies to the written form requirement. The e-mail address is email@example.com. The postal address is: audio-markt, Herzog-Johann-Str. 38, 50769 Cologne, Germany. Place of performance and jurisdiction - as far as possible - for all claims from and against audio-markt is Cologne.
Amendment of these General Terms and Conditions and Severability Clause
audio-markt reserves the right to change these terms and conditions at any time and without stating reasons. If the changed conditions are not contradicted within 4 weeks after receipt of the electronic change or supplement notification, the changed conditions become an effective part of the contract. In the event that the user should have objected in due time, the contract will be continued to the previously valid provision; however, audio-markt reserves the right to terminate the contract at the next possible time.
Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected. The ineffective provision will be replaced by one of the applicable laws which comes closest to this in a legal and economic manner. The same applies to possible regulatory gaps.
Last update: 15.09.2019