AGB

scope

These General Terms and Conditions (hereinafter: "GTC") apply in the version valid at the time the respective contract is concluded to all mutual claims arising from and in connection with the conclusion of a contract between customers and "d-t-s.at" d-t-s Heimkino & HIFI GmbH (hereinafter "Company" for short). If the customer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG), the mandatory provisions of the KSchG shall take precedence in the event of a contradiction between these GTC and the KSchG. The General Terms and Conditions also apply to follow-up orders in the version valid at the time the further contract is concluded without a new agreement. Changes and additions to these GTC will only become part of the contract if expressly confirmed in writing by the company.

Offer and conclusion of contract

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" / "Order with obligation to pay" button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order takes place immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within 2 days.

contract text

We save the text of the contract and send you the order data by e-mail. You can view the terms and conditions at any time by calling up our shop under the link "GTC". Past orders can be viewed in your account.

prices and shipping costs

Unless otherwise agreed, all prices and fees are in euros, including the statutory value added tax applicable on the day of delivery plus packaging, transport, freight insurance and handling costs, subject to errors, typographical errors and price changes on the part of the supplier. For companies plus VAT, unless otherwise stated. The prices stated in the order confirmation are decisive. Additional deliveries and services will be charged separately.

delivery

Unless a different delivery time is specified for the item, the items will be delivered within 3 working days.

In the event of delays resulting from events of force majeure or for which the company is otherwise not responsible, the delivery period is extended by the duration of the impeding circumstances, but a maximum of three months. The customer must be informed of the delay immediately. If the duration is longer, both contracting parties are entitled to withdraw from the contract. If, after the conclusion of the contract, the company finds that the goods are no longer available from the company or cannot be delivered for legal reasons, the company can either offer goods of equivalent quality and price or withdraw from the contract. The offer for a replacement delivery or the declaration of withdrawal will be made within a reasonable period of time after knowledge of the impeding circumstances. A purchase price that has already been paid will be refunded. A claim for damages by the customer is excluded in these cases. Fixed transactions are not transacted.

Unless otherwise agreed, delivery is always free from stock to the delivery address specified by the customer. All transport, insurance, customs and other transport costs are at the expense of the customer.

The type of shipment (transport route and means of transport) is reserved exclusively for the company.

retention of title

The goods remain the property of the company until full payment (including interest and legal costs) and may not be resold or pledged without the written consent of the company. The customer is obliged to point out the retention of title in the event of access by third parties and to notify the company immediately. If the goods are resold, the proceeds or the purchase price claim are deemed to have been assigned to the company, whereby the company is authorized at any time to notify the third-party debtor of the assignment. The customer remains liable to the company alongside the secondary customer for payment of the amount owed without changing the due date. During the period of retention of title, the customer will maintain the goods at his own expense. In the event of behavior contrary to the contract, such as late payment, the company is entitled to retrieve the goods without prior notice at the customer's expense. This alone does not mean a withdrawal from the contract. The customer is obliged to surrender.

retention of title

Reminders for late payment

Default interest of 12% p.a. is agreed.

If the company has demonstrably incurred higher damage caused by delay, this can be asserted. The customer undertakes to pay an amount of €10 plus VAT per reminder. If the payment of a partial invoice is delayed, the entire purchase price including interest on arrears and dunning costs is due immediately and the company is not obliged to make any further payments until it has been paid.

In the case of consumers, the outstanding service must have been due for at least six weeks and the company must have unsuccessfully reminded the consumer, threatening to lose the deadline and setting a grace period of at least two weeks. In this case, the company can also withdraw from individual or all deliveries.

Irrespective of the dedication of the payment, the company can also book it on older invoices, interest or costs.

The customer is not entitled to withhold payments due to guarantee or warranty claims. This provision does not apply to consumers.

Offsetting against the company's claims with counterclaims of any kind is excluded. Consumers have the option of offsetting in the event of the company's insolvency and for counterclaims that are legally related to the company's claim, have been legally established by a court or are recognized by the company.

Claims of the company may not be assigned without express written consent.

If the financial circumstances of the customer deteriorate after the conclusion of the contract and the fulfillment of liabilities to the company is thereby jeopardized, the company is entitled to make the purchase price due immediately and to carry out outstanding deliveries only against advance payment. If the customer fails to pay the due purchase price within one week, the company is entitled to withdraw from the contract without setting a grace period.

default

In the event of non-performance, improper performance or withdrawal from the contract by the customer or withdrawal from the contract by the company for reasons for which the company is not responsible, the company can demand a lump-sum compensation of 25% of the invoice amount, which is not subject to the judicial right of reduction. The exclusion of the judicial right of moderation does not apply to consumers. Further claims remain unaffected.

Contesting the agreement due to error is excluded if the customer is not a consumer.

Furthermore, an online purchase made in advance (bank transfer) and the associated payment is not received within 14 days counts as non-performance, in which case the company can dissolve the contract and cancel the purchase free of charge.

warranty

The customer's claims against the company are based on the statutory provisions, unless deviations result from the following regulations. The warranty period for consumers is two years, in all other cases six months, and begins at the time of delivery. The assumption of defectiveness according to § 924 ABGB is excluded, unless it is a consumer.

The customer must inspect the goods for defects immediately upon receipt and report these defects or alleged incomplete execution to the company in writing within 24 hours. In the case of hidden defects, this period runs from the point at which they can be detected. Otherwise the goods are considered approved. For consumers, this period is seven days.

The Company shall not be liable for defects resulting from improper use and storage, failure to follow operating and maintenance instructions, repairs not previously authorized by the Company, or customer default. A warranty for wearing parts is excluded.

Insignificant deviations in color, dimensions or quality and performance characteristics of the goods do not represent defects under warranty or non-fulfilment of the contract.

If the customer asserts defects, the customer must send or deliver the defective part or device, an exact description of the error including the model and serial number, a copy of the delivery note or invoice. The risk of shipment and the necessary costs of improvement or replacement, in particular shipping, labor and material costs, must be borne by the company. If either improvement or replacement is possible, it is up to the company to decide which warranty remedy to use. Multiple rectifications are permitted. Replacement or improvement does not extend the warranty period.

Other liability

The company is not liable for slight negligence, except for personal injury. If the customer is not a consumer, he must prove gross negligence on the part of the company. No liability is assumed for the replacement of consequential damages and pure financial losses, lost profits and for damages from third-party claims. The same applies to damage caused by the fault of suppliers or other third parties. The company is not liable for damage that the customer could have prevented by taking reasonable measures such as using the goods in accordance with the designation and contract or observing the instructions for use. The amount of any claim is limited to the net order value of the services to be provided by the company.

Claims for recourse, which the customer or third parties direct against the company on the basis of product liability, are excluded unless the person entitled to recourse can prove that the error was caused by the company and was at least the fault of gross negligence.

confidentiality

Each contracting party will keep confidential information and documents of the other contracting party secret beyond the end of the contractual relationship and, unless necessary to achieve the purpose of the contract, will neither record nor use them or pass them on to third parties.

Place of performance, place of jurisdiction and applicable law

The place of fulfillment of this contract is the registered office of the company in Austria.

The contracts are subject to substantive Austrian law to the exclusion of the UN sales law and international reference standards. The contract language is German.

For all disputes arising from the contractual relationship, the contracting parties agree on the exclusive jurisdiction of the court competent for the first district of Vienna. For consumers, the mandatory provision of § 14 KSchG must be observed.

Final Provisions

Any invalidity of individual provisions shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one that comes as close as possible to the meaning and purpose of the ineffective provision.

The same applies if the contract has a gap that was not foreseen by the parties.

visuals

The photographs used were taken by:

HPhoto - Hannes Pacheiner in Villach

HD Photo - Stefan Poscharnig in Klagenfurt

the product images come from the product manufacturers, photo rights have been transferred.

customer consent

When concluding the contract (order conclusion), the customer expressly agrees to the company's terms and conditions and will not contest them afterwards or change them in his favour.

Payments via KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

Invoice: The payment period is 14 days from the dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. The billing conditions can be found here.

Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. More information on installment purchase including terms and conditions and standard European consumer credit information can be found here.

Immediately: Your account will be debited immediately after placing the order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.