General Terms and Conditions

§ 1. General

1. The terms and conditions listed here apply exclusively to all contracts for deliveries, services, offers and other legal transactions. These conditions are deemed to have been accepted at the latest upon receipt of the goods or services.

2. Our general delivery and payment conditions apply exclusively to entrepreneurs within the meaning of Section 310 Paragraph 1 BGB.

3. The reference to the contractual partner's general terms and conditions is hereby expressly contradicted.

4. Deviations from these terms and conditions are only effective if they are confirmed by us in writing.

5. We are entitled to assign the claims arising from our business relationships.

§ 2 Offer and conclusion of contract

1. All our offers are subject to change and non-binding.

2. Your order represents an offer to us to conclude a purchase contract. If you place an order with AIRadio Deutschland GmbH & Co.KG, we will send you a written confirmation that confirms receipt of your order and lists its details (order confirmation ). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we ship the ordered product to you.

3. A binding offer is made in the online shop when the customer clicks the “Send order” button. The binding offer refers to all goods in the shopping cart, not to previous activities in the online shop. AIRadio Deutschland GmbH & Co.KG confirms receipt by email.

4. The contract offer is accepted by sending the order confirmation or shipping the goods. If the customer's ordered goods cannot be delivered at short notice, the customer will be informed immediately.

§ 3 Prices, payment, flat rate handling fee

1. The prices stated in our order confirmation are decisive.

2. All prices quoted do not include statutory VAT unless VAT is expressly stated.

3. Unless otherwise stated in the order confirmation, the purchase price is due for payment within 30 days of the invoice date.

4. For the first order, delivery is only possible if payment is made in advance.

5. There is an additional handling fee, which the customer will be informed of separately during the ordering process.

6. Additional deliveries and services are charged separately (shipping costs, express delivery, etc.)

§ 4 Delivery

1. Delivery dates or deadlines are non-binding unless expressly agreed otherwise in writing.

2. All deliveries after handover to the transport company are made at the buyer's risk.

3. We are not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible (strikes, lockouts, official orders, etc.), even if deadlines and dates have been bindingly agreed. You entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time.

4. If the hindrance lasts longer than one month, AIRadio Deutschland GmbH & Co. KG and the customer are entitled to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled. Services already provided by the customer will be reimbursed immediately. If the delivery time is extended or we are released from our delivery obligation, the buyer cannot derive any claims for damages from this. Orders (projects and/or systems) specifically configured to customer requirements are excluded from this.

5. The delivery date corresponds to the service date.

6. AIRadio Deutschland GmbH & Co.KG is entitled to make partial deliveries and partial services at any time. Section 4 Paragraph 2 also applies here.

7. The delivery period is also extended by the period by which the buyer is in default with the fulfillment of his contractual obligations.

§ 5 Shortage/delivery quantity

1. Visible differences in quantities must be reported to us in writing immediately upon receipt of the goods. The customer must report hidden differences in quantities in writing within 5 days.

2. The customer undertakes to notify us in writing within 14 days if goods are accidentally delivered by us without ordering. The goods must be made available to AIRadio Deutschland GmbH & Co.KG for collection.

3. If the customer does not report a shortage or does not report it on time, the customer undertakes to pay the appropriate purchase price for the goods to AIRadio Deutschland GmbH & Co.KG.

§ 6 Right of withdrawal

1. If you order online, you can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations in accordance with Section 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

2. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:

AIRadio Deutschland GmbH & Co.KG

Saatwinkler Damm 66

13627 Berlin

Fax: 030 4360 288 69

Email: info@airadio.de

3. In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be returned. If you are unable to return the service received to us, or cannot return it in part, or only in a deteriorated condition, you may have to pay us compensation. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. The customer does not have to pay compensation for any deterioration caused by the item being used as intended.

4. Items that can be sent as parcels must be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of €40 or if you have not yet received the consideration or a contractual agreement if the price of the item is higher at the time of cancellation have made the agreed partial payment. Otherwise, the return is free of charge. Not package items will be picked up.

5. Obligations to refund payments must be fulfilled within 30 days. The deadline begins for the customer when the declaration of revocation or the item is sent, and for AIRadio Deutschland GmbH & Co.KG when it is received.

§ 7 Retention of title

1. All goods delivered by AIRadio Deutschland GmbH & Co.KG remain the property of AIRadio Deutschland GmbH & Co.KG until full payment has been made.

2. Until all claims (including all balance claims from the current account) have been fulfilled, the customer assigns all claims to which he is entitled due to destruction or deterioration of the reserved goods to AIRadio Deutschland GmbH & Co.KG in full. AIRadio Deutschland GmbH & Co.KG remains the owner of the goods until all payments from the customer for legally binding transactions have been received.

3. If the purchased item is inseparably connected or mixed with other items that are not the property of AIRadio Deutschland GmbH & Co.KG, AIRadio Deutschland GmbH & Co.KG acquires co-ownership of the new item in proportion to the value of the purchased item the other connected or mixed items at the time of connection or mixing.

4. The buyer is obliged to treat the goods with care.

5. If third parties access the reserved goods, the customer will point out our ownership and notify us immediately. (including seizure, etc.)

6. The customer is only entitled to resell, pledge, transfer by way of security, rent or transport the reserved goods abroad after prior consultation with AIRadio Deutschland GmbH & Co.KG.

§ 8 Applicable law, place of performance, place of jurisdiction

1. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

2. For all claims arising from the contract existing between the customer and AIRadio Deutschland GmbH & Co.KG, the place of performance is the registered office of AIRadio Deutschland GmbH & Co.KG.

3. The place of performance for disputes arising directly or indirectly from the contract is Berlin.

§ 9 Data protection

1. The company AIRadio Deutschland GmbH & Co.KG is entitled to electronically store and further process the data provided to it by the customer. (§§ 28 f. Federal Data Protection Act/BDSG) The company AIRadio Deutschland GmbH & Co.KG is further entitled to pass on customer data that arise from the contract documents or that are necessary for the execution of the contract to third parties, in particular to credit institutions and contractual partners, insofar as this is required for order processing.

2. The data necessary for business transactions is processed and stored using a computer system. All personal data will be treated confidentially and will not be passed on to third parties beyond the cases mentioned above. The customer must assert data protection claims for information, correction or deletion in writing.

3. The customer undertakes to treat all information made available to him in connection with the deliveries confidentially and not to pass it on to third parties.

4. By accepting the general terms and conditions, the customer agrees to the use and processing of his data. He is entitled at any time to receive information about the data stored about him and, if necessary, to have information corrected, blocked or deleted.

§ 10 Warranty

1. The company AIRadio Deutschland GmbH & Co.KG guarantees the goods delivered and services provided within the framework of the legal regulations. For goods that are expressly marked as used goods, the warranty period is one year from receipt by the customer. The warranty does not cover wear and tear. The warranty does not cover defects and damage that are causally related to the customer not complying with the regulations regarding installation, hardware and software environment and use and operating conditions. This does not apply if the customer proves that these circumstances are not the cause of the defect complained about.

2. The customer can request repair or replacement delivery at his own discretion. If one of the two types of subsequent fulfillment is only possible for AIRadio Deutschland GmbH & Co.KG at disproportionately high costs, the customer's claims are limited to the other type of subsequent fulfillment. If supplementary performance fails twice, the customer can withdraw from the contract or have the remuneration reduced.

demand. Claims for damages are excluded. If the customer chooses to have the defect rectified, he should send the complained goods in proper, if possible original, packaging to AIRadio Deutschland GmbH & Co.KG and include a detailed description of the defect with the return. The company AIRadio Deutschland is not liable for damage caused by improper packaging by the customer.

3. The warranty period is one year. The warranty is excluded for goods that are expressly marked as used goods. §§ 377, 378 HGB remain unaffected.

§ 11 Offsetting, retention

1. The customer only has the right to offset if his counterclaims have been legally established or are undisputed by AIRadio Deutschland GmbH & Co.KG. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 12 Liability for defects

1. If there is a defect in the purchased item, the statutory regulations apply. The assignment of a claim of the customer is excluded.

2. If subsequent fulfillment is carried out by way of replacement delivery, the customer is obliged to return the goods delivered first to AIRadio Deutschland GmbH & Co.KG within 30 days at the expense of AIRadio Deutschland GmbH & Co.KG. The defective goods must be returned in accordance with legal regulations. AIRadio Deutschland GmbH & Co.KG reserves the right to claim damages under the legally regulated conditions.

3. The limitation period is two years, calculated from delivery.

4. AIRadio Deutschland GmbH & Co.KG is liable without limitation if the cause of the damage is based on intent or gross negligence.

5. Furthermore, AIRadio Deutschland GmbH & Co.KG is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and whose compliance with you trust regularly. In this case, AIRadio Deutschland GmbH & Co.KG is only liable for foreseeable, contract-typical damage. AIRadio Deutschland GmbH & Co.KG is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.

6. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that have been fraudulently concealed. Liability under the Product Liability Act remains unaffected.

7. To the extent that the liability of AIRadio Deutschland GmbH & Co.KG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

AIRadio Deutschland GmbH & Co. KG