WUNDERBAR Custom Radio Shop GmbH
Represented by Managing Director Timo Gschwendtner
Bodelshofer Weg 1
73230 Kirchheim unter Teck
1. Scope and Definitions*
These General Terms and Conditions apply to all contracts concluded with us via
https://www.customradioshop.de/. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall apply only if we have expressly agreed to them.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.
An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity who, when entering into a contract with us, acts in the exercise of their trade, business or independent professional activity.
2. Offers and Conclusion of Contract
Our offers are directed exclusively at persons of legal age who have full legal capacity.
Our offers do not constitute binding offers but rather invitations to the customer to submit an offer.
The customer's order constitutes a binding offer to enter into a contract. Acceptance takes place by means of an express declaration to the customer.
The automatically generated email sent following the customer's order confirming receipt of the order does not constitute acceptance of the contract. It serves solely to inform the customer and to fulfil statutory information requirements.
3. Delivery
Delivery shall be made to the delivery address specified by the customer.
Where the customer is required to make payment in advance, any performance periods or delivery dates stated in our offers are subject to the customer making payment without delay following conclusion of the contract.
Wherever possible, delivery shall be made in a single shipment. However, we are entitled to make partial deliveries and provide partial performance insofar as this is reasonable for the customer. Any additional costs resulting from partial deliveries shall be borne by us.
Delivery dates stated by us are not fixed deadlines unless we have expressly confirmed the relevant date as a fixed deadline.
Delivery delays affecting us or one of our suppliers or subcontractors due to force majeure or circumstances equivalent to force majeure (such as currency or trade policy measures or other governmental measures, strikes, operational disruptions such as fire, machinery breakdowns, breakage, or shortages of raw materials or energy) shall entitle us to postpone delivery for the duration of the impediment. If, as a result of the delay, performance of the contract becomes unreasonable for the customer, the customer shall be entitled to withdraw from the contract. In the event of an impediment to performance that is not merely temporary, we shall be entitled to withdraw from the contract.
4. Unavailability of Goods or Services
Every offer is subject to availability from our suppliers. If the goods ordered are unavailable because, for reasons that were unforeseeable at the time the contract was concluded and for which we are not responsible, our supplier fails to supply us, we shall be entitled to withdraw from the contract. In such a case, we shall inform the customer without delay that delivery is not possible and shall promptly refund any purchase price already paid. In relation to consumers, this right shall apply only if we have entered into a specific corresponding supply transaction and our supplier unexpectedly fails to supply us.
Liability for damages due to non-performance is excluded unless we have acted with gross negligence or intent with regard to the lack of availability. Any liability arising from culpa in contrahendo (pre-contractual fault) shall remain unaffected.
5. Prices and Shipping Costs
All prices quoted by us include the applicable statutory value-added tax (VAT).
Any applicable shipping costs are displayed during the ordering process. An overview of our shipping costs is available at https://customradioshop.de/startseite/versandkosten/.
6. Payment, Due Date and Default
As a general rule, we accept only the payment methods specified as part of our offer.
Except in the case of payment by cash on delivery or invoice, the customer is required to make payment in advance. In such cases, payment becomes due upon conclusion of the contract and receipt of the invoice or statement of account. In the case of payment by cash on delivery or invoice, payment becomes due upon receipt of the goods and the invoice or statement of account.
7. Right of Retention and Retention of Title
The customer shall be entitled to exercise a right of retention only insofar as the customer's counterclaim arises from the same contractual relationship.
The goods delivered shall remain our property until payment has been made in full. In the event that third parties assert rights against goods subject to retention of title, the customer shall inform such third parties of our ownership and shall notify us without delay.
8. Liability
We shall be liable for breaches of duty caused intentionally or through gross negligence.
If the customer is an entrepreneur, our liability for acts that are not intentional shall be limited to the damage that was typically foreseeable at the time the contract was concluded. In cases of slight negligence, we shall be liable only for breaches of material contractual obligations and only up to the amount of damage typically foreseeable at the time the contract was concluded. We shall not be liable for any other damage caused by slight negligence. These limitations shall not apply in the event of injury to life, limb or health. Any liability arising from culpa in contrahendo (pre-contractual fault), violations of data protection law or under the German Product Liability Act (Produkthaftungsgesetz), as well as rights of recourse pursuant to Sections 478 and 445a of the German Civil Code (BGB), shall remain unaffected by these limitations of liability.
If the customer is a consumer, in cases of slight negligence we shall be liable only for breaches of material contractual obligations and only up to the amount of damage typically foreseeable at the time the contract was concluded. We shall not be liable for any other damage caused by slight negligence. These limitations shall not apply in the event of injury to life, limb or health. Any liability arising from culpa in contrahendo (pre-contractual fault), violations of data protection law or under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by these limitations of liability.
Irrespective of fault, we shall be liable only in the event of fraudulent concealment of a defect or where we have given a guarantee or assurance. A manufacturer's guarantee is a guarantee provided by the manufacturer and does not constitute the assumption of a guarantee by us.
We shall also be responsible for any impossibility of delivery occurring by chance during a period in which we are in default, unless the damage would also have occurred if delivery had been made on time.
To the extent that our liability for damages is excluded or limited, such exclusion or limitation shall also apply to the personal liability for damages of our employees, workers, staff members, representatives and vicarious agents.
9. Alternative Dispute Resolution
We do not participate in dispute resolution proceedings before a consumer arbitration board.
10. Final Provisions
The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer and is not resident in Germany, mandatory provisions of the country in which the consumer has their habitual residence shall remain unaffected by this choice of law.
If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Stuttgart shall be agreed as the place of jurisdiction for all disputes arising from this contractual relationship.
Should any individual provision of this agreement be wholly or partially invalid, the validity of the remaining provisions or parts thereof shall remain unaffected.