General Terms and Conditions

1.1 These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the acquisition of goods, services or other items (hereinafter “goods”) in the online shop at the above URL, in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).

2.1 The offers in the online shop constitute a non-binding invitation to the online shop visitors to submit an offer to acquire the goods offered in the shop.

2.2 The order of the goods is placed via the Provider's online order form. After selecting the desired goods, entering all the mandatory information requested and going through all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to acquire the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this order confirmation reaches the customer, or when the Provider delivers the ordered goods and these goods reach the customer, or when the Provider requests the customer to pay (e.g. invoice or credit card payment during the ordering process) and the request for payment reaches the customer; the decisive moment for the conclusion of the contract is the moment at which one of the alternatives mentioned in the first half-sentence first occurs.

2.3 Before submitting the order in a binding manner via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once more in a confirmation window before the binding submission of the order and can also be corrected there.

2.4 After the conclusion of the contract, the Provider will store the text of the contract and send it to the customer in text form (e.g. by email). The Provider does not make the text of the contract accessible beyond this.

2.5 The following languages are available for the conclusion of the contract: German, English.

Consumers are generally entitled to a statutory right of withdrawal for contracts concluded off-premises and for distance contracts. Details, in particular on the exercise of the right of withdrawal and the consequences of withdrawal, can be found in our withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.

4.1 In addition to the statutory right of withdrawal (§ 3), we grant consumers a voluntary right of return of 30 days from receipt of the goods. The statutory right of withdrawal remains unaffected by this voluntary right of return and exists independently alongside it.

4.2 We want to give you the opportunity to test our products in your usual listening environment. You may therefore unpack, connect and try out the purchased network streamer to a normal household extent without losing your right of return.

4.3 The voluntary right of return requires that:

• the goods are returned in full with all accessories included in the scope of delivery (in particular the setup card and original packaging),
• the goods show no wear, damage or soiling beyond the permissible inspection,
• the original packaging has not been damaged or written on and can be used for safe return shipping.

4.4 Use that goes beyond the permissible inspection exists in particular in the case of:

• visible signs of use, scratches or damage to the device,
• missing or damaged components of the scope of delivery (e.g. setup card, packaging),
• soiling that goes beyond the condition at the time of delivery,
• permanent changes to the device (e.g. stickers, labelling, individual configurations that cannot be undone),
• opening of the device, recognisable by a damaged security seal lacquer on the housing screws on the underside of the device.

4.5 If the requirements under paragraph 4.3 are not met, we may refuse to take back the goods under the voluntary right of return or assert reasonable compensation for the loss of value incurred. The statutory right of withdrawal (§ 3) remains unaffected by this.

4.6 When you make use of the voluntary right of return, we will provide you with a shipping label. The return shipping costs of EUR 7.00 will be deducted from the purchase price to be refunded.

4.7 The right is asserted by notifying contact@64bitaudio.de, stating the order number.

5.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT plus any shipping costs that may be listed.

5.2 Payment processing is carried out exclusively via the payment service provider Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Various payment methods are offered via Stripe (in particular credit and debit cards, SEPA direct debit, PayPal, Klarna, Apple Pay, Google Pay and other methods). The payment methods available in each case are displayed to the customer during the ordering process.

5.3 The purchase price is due immediately upon conclusion of the contract. If a payment method with deferred due date offered by Stripe is selected (e.g. Klarna purchase on account or instalment purchase), the respective payment terms of the third-party provider apply additionally, about which the customer is informed separately during the ordering process.

5.4 By selecting a payment method during the ordering process, the customer accepts, where applicable, the supplementary terms of use and data protection notices of the respective provider (e.g. Stripe, PayPal, Klarna). The customer is informed of this during the ordering process.

5.5 In the event of default in payment, the Provider is entitled to demand default interest at the statutory rate. The assertion of further damages remains unaffected.

5.6 If a payment fails or is reversed due to insufficient funds, the provision of incorrect bank details, or for other reasons attributable to the customer, the customer shall bear the resulting costs (in particular chargeback and processing fees), provided that the customer is responsible for the failure of the payment.

The purchased goods remain the property of the Provider until the purchase price has been paid in full.

7.1 We deliver to the following countries: Germany.

7.2 Unless otherwise agreed, delivery takes place within 3 to 5 working days after the conclusion of the contract to the delivery address provided by the customer. Working days are Monday to Friday, excluding public holidays at the Provider's registered office. The shipping costs can be found in the online shop.

7.3 Collection of the purchased goods in person is excluded.

7.4 If the Provider is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, although it has concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner shall be refunded to them immediately. Mandatory consumer law remains unaffected by this paragraph.

8.1 The provisions of the statutory liability for defects apply. For consumers, the limitation period for warranty claims is two years from delivery of the goods.

8.2 For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from delivery. Entrepreneurs are obliged to inspect the goods immediately after delivery and to report any defects immediately (§ 377 HGB); otherwise the goods are deemed to be approved.

8.3 In addition to the statutory liability for defects, we grant a manufacturer's guarantee of 3 years on our products. The exact conditions and scope of this guarantee result from the separate guarantee declaration, which is available in the online shop and is made available to you with the order confirmation in text form (e.g. as a PDF by email). The statutory liability for defects remains unaffected by the guarantee.

8.4 The network streamers offered by us are goods with digital elements within the meaning of § 327a(3) BGB. We provide updates, including security updates, that are necessary to maintain the conformity of the goods, and inform the customer about them. Updates are provided for a period of at least 3 years from delivery of the goods.

8.5 The customer is obliged to install the updates provided within a reasonable period after they become available. If the customer fails to install them, our liability for defects that are due solely to the lack of the update shall lapse, provided that we have informed the customer of the availability of the update and the consequences of failing to install it.

9.1 The Provider is liable without limitation:

• for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee promise, insofar as no other provision has been made in this respect;
• on the basis of mandatory liability (e.g. under the Product Liability Act).

9.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

9.3 In all other respects, liability of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.

9.4 The customer shall indemnify the Provider against any claims by third parties – including the costs of legal defence in their statutory amount – that are asserted against the Provider as a result of unlawful or contract-breaching actions by the customer.

10.1 The software preinstalled on the hardware (firmware) and the accompanying programs provided for using the hardware are not sold to the customer, but are made available for use on the basis of a separate End User License Agreement (EULA). The EULA is presented to the customer for acceptance when the software is first put into operation and is also available in the online shop.

10.2 The software contains third-party software and open-source components, each of which is subject to its own license terms. The corresponding license texts and notices (Third-Party Software Notices) are accessible on the device.

10.3 Insofar as the respective open-source licenses provide for the provision of the source code (in particular GPL, LGPL), we will make the corresponding source code available to you on request. Please address requests to the address stated in the heading of these GTC or by email to contact@64bitaudio.de. We make the source code available for a period of at least three years from delivery of the product. For physical distribution on data carriers, we may charge the costs actually incurred; electronic provision is free of charge.

Information on the take-back and disposal of waste electrical equipment can be found on our website in the legal notice.

The Provider treats its customers' personal data confidentially and in accordance with the statutory data protection regulations. For details, please refer to the Provider's privacy policy, which is available in the online shop.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the heading of these GTC.

14.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their state of residence.

14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.

14.3 If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.