General Terms and Conditions
These terms apply to all contracts concluded between us and you concerning high-quality audio devices, accessories and related services.
§ 1 — Provider and scope
The provider is High-End-More · HEM-AUDIO, proprietor Dejan Petek, Emilienstraße 72, 42287 Wuppertal, Germany. These terms apply in the version valid at the time the contract is concluded. Deviating terms of the customer do not become part of the contract unless we expressly agree to their application in writing. We act as a sole proprietorship; there is no entry in the commercial register.
§ 2 — Conclusion of contract
The presentation of the devices on this website is not a binding offer, but a non-binding invitation to send us an enquiry. Nothing can be ordered directly through this website; there is no shopping basket and no purchase can be completed here. A contract is only concluded once we have answered your enquiry, confirmed the availability and the condition of the device and you accept our offer — as a rule by e-mail, by telephone or during a personal viewing. Every device is a unique item; availability may change up until the contract is concluded.
§ 3 — Prices
All prices are final prices in euros including statutory value added tax. For second-hand devices we apply the margin scheme pursuant to § 25a UStG (German Value Added Tax Act); in this case the value added tax is not shown separately and is not deductible as input tax. Shipping costs are not included in the price and are agreed separately before the contract is concluded. Where we show a crossed-out previous price, this is the lowest total price we charged for the same device within the 30 days preceding the reduction. If we have been offering a device for less than 30 days, the previous price refers to the lowest price since the offer began.
§ 4 — Payment
We accept bank transfer in advance, cash payment and card payment on personal collection, as well as a deposit with the balance payable on handover. Which of these payment methods are available in an individual case is agreed with you before the contract is concluded. In the case of advance payment, we dispatch the goods once payment has been received in full. A deposit is credited against the purchase price.
§ 5 — Delivery, shipping and handover
We ship insured worldwide and hand devices over in person in Wuppertal on request. Shipping costs, packaging and the delivery date are arranged with you individually before the contract is concluded; heavy or delicate devices require a freight forwarder. For deliveries outside the European Union, customs duties, import value added tax and further charges may arise, which you as the recipient have to bear; we point this out before the contract is concluded. If, contrary to expectations, a device is not available, we will inform you of this without undue delay and refund any payments already made immediately.
§ 6 — Retention of title
The goods remain our property until payment has been made in full.
§ 7 — Right of withdrawal
In the case of contracts concluded by distance selling, consumers are entitled to a statutory right of withdrawal. You will find the details, the exceptions and the model withdrawal form in our instructions on withdrawal.
§ 8 — Condition, quality, remedies for defects
We deal predominantly in used equipment. We describe its condition as precisely as possible before the contract is concluded; the details of appearance, technical condition, servicing, defects and scope of delivery, together with the photographs of the specific item, form part of the agreed quality. Signs of use that are commensurate with the age of the unit do not constitute a defect. If a unit is defective, you may first demand subsequent performance (repair or replacement). As virtually every unit we sell is a one-off, this will as a rule take the form of repair in our own workshop; replacement delivery is usually impossible in the case of a unique item. If subsequent performance fails, if we refuse it or if we do not carry it out within a reasonable period, you may rescind the contract, reduce the purchase price or claim damages. These rights are yours by operation of law; we do not restrict them. In the case of used goods, the limitation period for claims in respect of defects is reduced, as against consumers, to one year from delivery; we expressly agree this reduction with you pursuant to § 476 Absatz 2 BGB (section 476(2) of the German Civil Code). For new goods, the statutory period of two years applies. This does not affect claims for damage resulting from injury to life, limb or health, from intent or gross negligence, or under the Produkthaftungsgesetz (German Product Liability Act). We give a guarantee going beyond the statutory warranty only where we expressly declare it in writing in the individual case.
§ 9 — Liability
We are liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health. In the case of ordinary negligence, we are liable only for the breach of a material contractual obligation, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely; in this case liability is limited to the foreseeable damage typical of this type of contract. Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.
§ 10 — Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body. We will of course endeavour to settle any differences of opinion with you directly and amicably — please talk to us.
§ 11 — Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN-Kaufrecht (United Nations Convention on Contracts for the International Sale of Goods). If you as a consumer have your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.
§ 12 — Take-back of waste batteries and waste equipment
Waste batteries: If devices are supplied with batteries or rechargeable batteries — for example in a remote control — you must not dispose of them in household waste after use; you are under a statutory obligation to return them. Waste batteries of the type we stock are taken back free of charge at our address; you can also hand them in at a municipal collection point or in the retail trade. The crossed-out wheeled bin symbol indicates this prohibition. If Pb, Cd or Hg appears beneath it, the battery contains lead, cadmium or mercury above the prescribed levels. Waste electrical and electronic equipment: We fall below the sales area thresholds above which retailers are obliged to take back waste electrical and electronic equipment. You can hand in waste equipment free of charge at the municipal collection points. If you would like to return a device purchased from us, please talk to us — we will advise you on how to proceed. Devices that we have overhauled or modified ourselves we are glad to take back for proper recycling.
§ 13 — Overhauled and modified devices
Some of our devices have been overhauled, technically reworked or modified by us. How far this intervention goes differs from device to device — from an overhaul using original parts through to a bespoke build based on an existing device. Which rights accrue to you as a result depends on the extent of the intervention and is therefore determined separately for each device. Where we have merely repaired or serviced a third-party device, the original producer remains its producer; our responsibility is then governed by the service we have performed. Where the intervention goes so far that the device is placed on the market by us as our own product, we act towards you as the producer of that device and assume the obligations attached to that role; we expressly state in the offer which of the two cases applies. Statutory claims, in particular under the Produkthaftungsgesetz (German Product Liability Act), remain unaffected in both cases.
§ 14 — Part-exchange of your device
Where we take a device from you in part-exchange, a separate contract of sale arises for it; its price is offset against the price of the device you purchase from us. If the part-exchange value exceeds the purchase price, we pay out the difference. Any estimate we give before inspecting the device rests solely on your description and is non-binding; the amount becomes binding only once we have examined the device. If its condition differs materially from your description, we may make a revised offer or decline the part-exchange — you will then get the device back, and we will agree the route and its cost with you beforehand. You warrant that the device belongs to you and is free from third-party rights. Please delete all personal data from storage media before handover and remove any media of your own; we cannot accept responsibility for data left on a device handed to us. If you sell as a private individual, no value-added tax is shown; on resale we apply the margin scheme under § 25a UStG.
§ 15 — Seals, opening and your own interventions
Many of our devices carry a seal or inspection label after servicing or overhaul. These record the condition in which the device left our workshop and help us identify it if it comes back for service. Your statutory rights in respect of defects do not depend on them: they remain in place even if a seal has been removed or damaged. An opened device does, however, make it harder to establish that a defect was already present at handover, and we are not liable for damage caused by work carried out by you or by a third party. One note in your own interest, unrelated to liability: valve equipment and power supplies still carry lethal voltages after the plug is pulled, because capacitors hold their charge. Please do not open such devices yourself; talk to us instead. Within a withdrawal you may examine the device as you would in a shop; for any loss in value beyond that — opening the case or removing components, for example — we may claim compensation.
The German version of these terms is authoritative. Translations serve solely for your understanding.