General Terms and Conditions for the Webshop of IOSONO GmbH
(as of March 2011)
§ 1 Scope, Definitions
(1) These General Terms and Conditions in the version currently
valid at the time the order is placed shall apply to any and all
business relations between you as customer and us, IOSONO GmbH
(hereinafter also referred to as "IOSONO") initiated and transacted in
our webshop. Any terms and conditions of the ordering party deviating
from these General Terms and Conditions shall not apply unless IOSONO
expressly consents to their applicability in writing.
(2) The products and services offered in our webshop are
available for both consumers and entrepreneurs provided that they are
end-users. Within the meaning of these General Terms and Conditions, (i)
"Consumer" shall be each individual who enters into the purchase
contract for purposes other than pursuing his or her own trade,
business, or independent profession (Sec. 13 German Civil Code, BGB)
and (ii) "Entrepreneur" shall be any individual or legal entity or a
partnership with legal personality who or which, when entering into a
the contract, acts in exercising his, her, or its trade, business, or
independent profession (Sec. 14 German Civil Code, BGB).
§ 2 Conclusion of Contract
(1) The products and services offered in our webshop shall not be considered an offer to enter into a contract but merely invitatio ad offerendum, i.e., an invitation to place an order only.
(2) By placing an order, you make an offer to enter into a
purchase or service contract. A contract regarding online services and
software downloads comes into existence at the time we send an order
confirmation. Contracts involving a delivery of products come into
existence at the time the ordered item is sent to you. Confirmation of
receipt of your order does not constitute acceptance of such order but
is solely for your information that we have received the order.
§ 3 Consumer's Right of Revocation, Exclusion of Revocation
(1) You as customer have a right of revocation. The prerequisites
and consequences of such right of revocation are set out in the below
Advice of the Right of Revocation
Right of Revocation:
You may revoke your declaration to conclude a contract without stating a reason within a period of 14 days in text form (e.g.,
by letter, facsimile, e-mail) or, if the item was placed at your
disposal prior to the expiry of this period, by returning it. The period
shall commence upon receipt of this advice in text form, however, not
prior to the delivery of the item to the consignee (in the case of
recurring delivery of similar items, not prior to receipt of the first
partial delivery), nor before the fulfillment of our duties to inform
pursuant to Art. 246 Sec. 2 in conjunction with Sec. 1 Paras. 1 and 2
Introductory Law of the Civil Code (EGBGB) as well as our duties pursuant to Sec. 312e Para. 1 Cl. 1 German Civil Code (BGB) in conjunction with Art. 246 Sec. 3 Introductory Law of the Civil Code (EGBGB)
The timely dispatch of the revocation or the item to the following
address shall be deemed sufficient for compliance with the revocation
Facsimile: +49 (0)361 / 5 11 43 - 677
Consequences of Revocation
In case of an effective revocation, the performances received by
either party as well as any benefits that may have been accrued (e.g.,
interests) shall be returned. Should you be unable to return the
performance received from us either in whole or in part or in
deteriorated condition only, you must insofar compensate such value.
This does not apply if such deterioration is entirely attributable to
the examination of the item received - as it would have been possible
for you in, for instance, a retail store. In any other respects, you can
avoid the obligation to compensate for any deterioration of the item
caused by the intended use by not using the item as your own property
and by refraining from any and all acts that impair the item's value.
Items suitable for shipment by parcel shall be returned at our risk.
You shall bear the cost of returning them if the delivered items are in
conformity with those ordered and if the price of the items returned
does not exceed an amount of 40 Euros or if, in excess of such amount
and at the time of revocation, you have not yet rendered
counter-performance or any partial payment as contractually agreed. In
all other cases, return delivery is free of charge for you. Items not
suitable for shipment by parcel will be collected from you. Obligations
to refund payments must be met within 30 days, for you starting upon
sending of the revocation, for us upon receipt thereof.
End of Advice
(2) Pursuant to Sec. 312d Para. 4 German Civil Code (BGB), the right of revocation is excluded in cases of
a) supply of goods produced according to customer specifications
or clearly tailored to personal needs or which, by reason of their
nature, are not suitable for return (e.g., downloaded software or software sent by email), and
b) delivery of audio or video recordings (e.g., CDs, DVDs, Bluerays) or of software where the seal (or protection cover) on the data carriers has been broken by the consumer.
§ 4 Prices, Terms of Payment, Retention of Title
(1) Unless otherwise agreed, the list prices valid upon
conclusion of the contract and displayed on our website
www.iosono-sound.com shall apply. Default shall occur 14 days after
issue of the invoice.
(2) Payments shall be made to the account of IOSONO GmbH at
Commerzbank Erfurt, bank sorting code 820 400 00, account no. 1049600 00
or via PayPal.
(3) The ordering party may only set off if its counterclaims have
been determined in a legally final manner, are unchallenged, or were
acknowledged by us. Furthermore, the ordering party may exercise a right
of retention only insofar as the counterclaim is based on the same
(4) Ordering parties residing outside Germany must pay cash
before delivery or use PayPal for payment. Bank transfer fees in
connection with transfers from abroad shall be borne by the ordering
(5) We retain title to the sold items until the purchase price
has been fully paid. If you default in payment for more than 10 days, we
may rescind the contract and request the return of the items.
§ 5 Terms of Delivery
(1) The products and services will be delivered as agreed with
you. Any shipping costs are stated in the product description and are
shown separately on the invoice. Delivery dates and periods are binding
if confirmed by us only.
(2) In case we fail to supply or fail to do so as contractually
agreed, you must allow and set us a grace period to achieve performance.
Otherwise, you are not allowed to rescind the contract.
§ 6 Warranties
(1) If you are a consumer within the meaning of Sec. 13 German Civil Code (BGB), statutory warranty applies. If you are an entrepreneur within the meaning of Sec. 14 German Civil Code (BGB), the following warranties apply for purchase contracts:
(a) In case of a defect, IOSONO shall render subsequent
performance. As subsequent performance, IOSONO may at its own choice
either remedy the defect or deliver products or services free of
(b) In case we are not willing or prepared to render subsequent
performance, you may at your own choice either rescind the contract or
reduce the purchase price. The same applies if the subsequent
performance has failed, is not reasonably acceptable for you, or is
unreasonably delayed for reasons attributable to us.
(c) Claims based on defects shall become time-barred within one
year. This also applies for damage claims and claims for reimbursement
of expenses based on defects, except for damages or expenses resulting
from an intentional or grossly negligent violation of a duty, breach of a
guarantee, or from harm to life, physical injury, or harm to health.
(2) You acknowledge and agree that it is not possible with the
current state of technology to develop software products in such a way
that they are completely free of defects when used under any conditions.
Therefore, software products are subject to the following warranty
(1) Any software product of IOSONO ("IOSONO Software") ordered by
you is principally in conformance with the product description
contained in the documentation. However, the statements contained in
such documentation shall not constitute guarantee of condition or
durability within the meaning of Sec. 443 German Civil Code (BGB).
(b) The IOSONO Software shows a defect in quality if any feature
listed in the documentation is not given, the IOSONO Software produces
wrong results or is interrupted uncontrollably, or is otherwise
dysfunctional. IOSONO is only liable for defects which existed upon
delivery of the IOSONO Software or upon acceptance, if acceptance has
§ 7 Liability, Damages
(1) IOSONO is liable for damages only if and to the extent stated in litt. a) to e) below:
(a) IOSONO is fully liable for damages caused intentionally or by gross negligence;
(b) for damages resulting from a breach of a written guarantee,
IOSONO is liable only in the amount of the costumer's pecuniary interest
covered by the warranty and apparent to IOSONO when issuing the
(c) in case of product liability, IOSONO is liable under the German Product Liability Act (ProdHG);
(d) in case of a breach of duties material to the contract based
on slight negligence, liability of IOSONO shall be limited to damages
that IOSONO had to expect to typically occur at the time the contract
was concluded, taking into account all circumstances known at that time.
Duties material to the contract are fundamental duties being essential
for the conclusion of the contract for the customer and on whose
performance the customer may rely;
(e) IOSONO is fully liable for damages resulting from harm to life, physical injury, and/or harm to health.
(2) In any other respects, IOSONO's liabilty for damages in
excess of the above and irrespective of the legal grounds shall be
(3) IOSONO shall not be liable for the loss or destruction of
data unless caused by an intentional or grossly negligent violation of a
contractual or statutory duty. In such case, IOSONO is liable only
within the scope of the above provisions and only in the amount required
for recovering the data, given due and reasonable data backup by the
customer, whereas the term reasonable refers to the significance of the
data for the customer.
(4) Damage claims and claims for reimbursement of expenses shall
become time-barred within twelve months, except for the claims under
Para. 1 cif. a) to c) and e) above. With respect to the commencement of
the limitation period, Sec. 199 Para. 1 German Civil Code (BGB) applies. Sec. 199 Paras. 2 to 4 German Civil Code (BGB) shall remain unaffected.
(5) As far as liability of IOSONO is excluded under these
provisions, this shall also apply for the liability of its bodies and
vicarious agents, in particular employees.
§ 8 Software-Specific Provisions
(1) Should your order include the delivery of software, such
software is subject to the provisions of the applicable Licensing Terms
and Conditions. IOSONO Software can only be ordered if you agree to the applicable Licensing Terms and Conditions (Opt-In).
(2) It is your responsibility to ensure that software or
software bundles ordered suit your purposes and are compatible with your
infrastructure, systems, and processes.
§ 9 Data Protection
(1) Any and all personal data you provide us with will be
collected, processed, and stored by us in accordance with the German
data protection laws exclusively.
(2) To process the contract concluded with you, it is necessary
to use your personal data. Any exceeding use requires your express
consent. For details on the data collected and their respective use,
§ 10 Identity of Service Provider, Contact Details
(1) This webshop is provided by
Erich-Kästner-Str. 1, 99094 Erfurt
Phone: +49 (0) 361 / 51143 - 670
Fax: +49 (0) 361 / 51143 - 677
VAT ID: DE 241450170
Commercial Register: Amtsgericht Jena HRB 306742
Managing Director: Olaf Stepputat
(2) Objections shall be addressed to the above address.
§ 11 Final Provisions
(1) German laws shall apply to the exclusion of the United Nations Sales Convention (CISG).
(2) Where the ordering party is a merchant, the exclusive place
of jurisdiction for any and all disputes shall be the statutory seat of
IOSONO GmbH in Erfurt. We may however also bring an action against the
ordering party at its, his, or her general legal venue.
(3) Should individual provisions of these General Terms and
Conditions be or become ineffective, then the remaining provisions shall
remain unaffected thereby. The ineffective provision shall be replaced
by a provision that corresponds to the purpose of the ineffective
provision to the largest extent possible.
IOSONO GmbH, Erfurt