Terms of Service

Terms and Conditions of

AEOLUS Tonträger
Christoph M. Frommen
Am Bendersbach 14
54518 Heckenmünster

hereinafter referred to as "AEOLUS".

GENERAL

Deliveries, services, and offers by the seller are made exclusively on the basis of these terms and conditions. These terms and conditions also apply to all future business relationships, even if they are not expressly agreed upon again. These conditions are deemed accepted upon acceptance of the goods or services. Any conflicting terms and conditions of the buyer are only recognized if expressly agreed upon in writing. Side agreements and additions to the contract are legally ineffective unless confirmed in writing by AEOLUS. When using the delivered goods, third-party rights must be observed.

OFFERS

All offers are subject to change and non-binding. Illustrations are non-binding. Improvements or changes to the performance are permissible as long as they are reasonable for the buyer considering AEOLUS's interests. Orders are confirmed via email. AEOLUS does not guarantee the delivery times stated in the program.

PRICING

In retail, prices include the statutory value-added tax. Unless otherwise agreed, AEOLUS is bound to the prices contained in its offers for German industrial titles for 14 days from the date of the offer. The prices stated in the order confirmation from AEOLUS are decisive. Additional services not included in the order confirmation will be charged separately. The assertion of retention rights or the offsetting with any counterclaims of the buyer is excluded unless the buyer's claims have been legally established.

DELIVERY

  1. Delivery Delivery is at the expense and risk of the buyer/customer.
  2. Right of withdrawal Under our return policy, you can return all items purchased from AEOLUS within 30 days. Within this time, you can return the items to us with sufficient postage. Please briefly state the reasons for the return on the invoice that should accompany the return. The payments made for the return will be refunded to you. The right of withdrawal does not apply to sealed goods if you open or damage the sealed packaging (unsealing), except in the case of defective goods that were not recognizable before unsealing and are not due to unsealing and subsequent improper handling of the goods.
  3. Delivery abroad In the case of payments/deliveries in foreign trade, all costs, expenses, duties, fees, export duties are borne by the recipient. If goods delivered by AEOLUS are exported by the buyer, the buyer must comply with the respective legal regulations when exporting.
  4. Transfer of risk The risk passes to the buyer as soon as the shipment has been handed over to the transporting person or has left the seller's warehouse for the purpose of shipment. If the dispatch is delayed at the buyer's request, the risk passes to the buyer upon notification of readiness for dispatch.

WARRANTY

All information regarding the suitability, processing, and application of our products, advice, and other information is provided to the best of our knowledge but does not exempt the buyer from conducting their own tests and trials. If reasonable, the buyer must immediately examine the goods for defects regarding quality and purpose by means of a sample processing upon receipt; otherwise, the goods are deemed approved. In retail, there is a full guarantee. This means that repair or replacement of defective parts is free of charge. Any warranty replacement is at our discretion. Warranty claims can be made if the following points are met: - Copy of the invoice - A cover letter with a description of the error must be included. Defective goods may only be returned with our explicit consent. The warranty period begins on the delivery date (and is, unless otherwise stated, 6 months). The buyer must notify AEOLUS of any defects immediately, but no later than 1 week after becoming aware of them. After expiry, AEOLUS is released from any warranty obligation. Wear parts such as CD cases are excluded from the warranty unless otherwise stated. Improper use, storage, and handling, as well as unauthorized intervention, result in the exclusion of warranty claims. Liability for normal wear and tear is excluded. Warranty claims against AEOLUS are only available to the immediate buyer and are not assignable. Unpaid or underpaid shipments are generally refused. Warranty deliveries are made free of charge in return. Our warranty obligation is limited, at our discretion, to replacement delivery, conversion, reduction, or rectification.

LIABILITY / DAMAGES

AEOLUS is not liable for damages caused by AEOLUS products, except in cases of gross negligence or intent. We are only liable for pecuniary damages in cases of intent. AEOLUS is only liable for damages arising from positive breach of contract, tort, organizational fault, or culpability in the conclusion of the contract if AEOLUS or its vicarious agents are guilty of intent or gross negligence.

RETENTION OF TITLE

AEOLUS reserves ownership of the delivered goods and services until full payment of all claims arising from the business relationship with the buyer, regardless of their legal basis. In the case of a bill of exchange, the reserved ownership serves as security for the net claim.

PAYMENT TERMS

Invoices are payable by invoice or via the online payment system "PayPal" as agreed unless otherwise agreed. If interest and other costs for collection have already been incurred, the payment will be credited to costs first, then to interest, and finally to the principal claim. The buyer is only entitled to set-off or reduction if the counterclaims have been legally established. Partial deliveries and partial services can be invoiced separately. Payment is only considered made when the amount due has been credited to AEOLUS's bank account. AEOLUS is entitled to immediately withdraw from the delivery contract if circumstances become known that call into question the creditworthiness of the customer. If AEOLUS continues to adhere to the contract, we are entitled to demand advance payments, bank guarantees, or security deposits. AEOLUS has the right to exclude the buyer from further deliveries from the time of default, even if corresponding delivery contracts have been concluded. From the date of default, AEOLUS is entitled, subject to the assertion of further damages, to charge interest at the bank's usual debit interest rate, at least 3% above the respective Bundesbank discount rate. The buyer bears all collection, any court, and enforcement costs.

AVAILABILITY

Delivery of all AEOLUS products usually takes place from stock. Please inquire about the expected delivery times. Information on this is usually non-binding. The seller is entitled to partial deliveries and partial performances at any time. Further claims by the buyer due to delay are excluded.

APPLICABLE LAW

German law is deemed to be mandatory for these terms and conditions as well as for all legal relationships between AEOLUS and the buyer. Other national laws, as well as the uniform international sales law (EKA, EKAG), are excluded. Should a provision in these General Terms and Conditions be invalid, this shall not affect the validity of all other provisions or agreements.