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General terms and conditions


1. Scope of application

The business relationship between advaitaMedia GmbH (hereinafter referred to as advaitaMedia) and the purchaser - including all future transactions - shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. AdvaitaMedia does not recognize any deviating terms and conditions of the purchaser unless advaitaMedia has expressly agreed to their validity in writing.

 

2. Conclusion of contract and withdrawal

advaitaMedia undertakes to accept the purchaser's order in accordance with the conditions on the website. In the event of typographical, printing or calculation errors on the website, advaitaMedia shall be entitled to withdraw from the contract. If advaitaMedia's supplier no longer supplies advaitaMedia with the ordered goods despite its contractual obligation to do so, advaitaMedia shall be entitled to withdraw from the contract.

 

3. Delivery

Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer. The risk shall pass to the purchaser as soon as the delivery has been handed over to the shipper by advaitaMedia or one of its agents, even if partial deliveries are made. Information on the delivery period is non-binding, unless a binding delivery date has been agreed in exceptional cases.

 

4. Due date and payment, default

The purchase price is due immediately upon ordering. Payment shall be made in Germany by direct debit, by bank transfer after receipt of invoice or by PayPal, from abroad by bank transfer. If the customer defaults on payment, advaitaMedia shall be entitled to charge interest on arrears at a rate of 5% above the prime rate per annum announced by the Deutsche Bundesbank. If advaitaMedia can prove that it has incurred higher damages due to default, advaitaMedia shall be entitled to claim these.

 

5. Offsetting, retention

The customer shall only be entitled to set-off if his counterclaims have been legally established or recognized by advaitaMedia. In addition, he is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

The customer shall only be entitled to set-off if his counterclaims have been legally established or recognized by advaitaMedia. In addition, he shall only be authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

6. Retention of title

The delivered goods shall remain the property of advaitaMedia until all claims against the buyer have been settled in full.

 

7. Warranty for defects and liability

If there is a defect in the purchased item for which advaitaMedia is responsible, advaitaMedia shall be entitled, at its own discretion, to remedy the defect or make a replacement delivery. If advaitaMedia is not prepared or not in a position to rectify the defect/provide a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which advaitaMedia is responsible, or if the rectification of the defect/replacement delivery fails in any other way, the customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

Unless otherwise stated below, any further claims of the buyer - irrespective of the legal grounds - are excluded. advaitaMedia is therefore not liable for damage that has not occurred to the delivery item itself; in particular, advaitaMedia is not liable for loss of profit or for other financial losses of the buyer. Insofar as advaitaMedia's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act, claims due to the absence of a warranted characteristic or claims for damages due to non-performance in accordance with §§ 463, 480 para. 2 BGB. The same applies in the event of initial incapacity or impossibility for which advaitaMedia is responsible.

If advaitaMedia negligently breaches a material contractual obligation, the obligation to pay compensation for damage to property or personal injury shall be limited to the damage typically incurred.

The warranty period is twelve months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted. This does not apply to consumer electronics and hardware products, where the statutory rules apply.

 

8. Data protection

The customer has been informed of the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by advaitaMedia GmbH. The customer expressly agrees to this collection, processing and use of personal data. More information about our data protection here.

 

9. Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Should any provision of this agreement be or become legally invalid, this shall not affect the validity of the remaining provisions.

The place of jurisdiction is Hamburg.