Fonomaniac Ltd. General Terms and Conditions
(Last modified: May 2005)

Conclusion of contract:
By clicking the 'Place order' button, the customer places a binding order for goods in the electronic shopping cart. Confirmation of the order follows immediately after placement of the order. The sales contract is concluded upon confirmation of delivery, or delivery of the goods.

Insight in contract:
The customer may view these General Terms and Conditions at any time on this page. The customer's specific order data are not accessible on the Internet due to security issues.

Right of withdrawal:
As a consumer in the sense of Paragraph 13, German Civil Code, the customer is no longer bound to an order when it is cancelled within a period of two weeks upon receipt of the goods. No grounds for withdrawal must be given. The withdrawal may be made in written form (e-mail is sufficient) or by returning the goods at our risk. The punctual return of goods is sufficient for ensuring the two-week time period. Return consignments should be sent to: Fonomaniac Ltd., Gladbacher Str. 34 B, 51429 Bergisch Gladbach, Germany

Return consignment:
To avoid excess postage or surcharges, please put enough postage on your package. We will promptly reimburse your postage fees. If damaged or used goods are returned, the customer is obligated to compensate the legally accepted decline in value; you can avoid this by simply checking the goods as you would in a retail shop, and returning them in their original packaging without any signs of wear. We will cover the costs for the goods' return if the order you placed was for goods totalling more than EUR 100.00.

Excluded from return consignment:
Goods that have been custom-made according to customers' specifications or adapted to personal needs, personalised, perishable, or unsuitable for return due to their condition or composition may not be returned.

Warranty:
Warranty is offered according to legal provisions; in the case of defective goods, the customer may choose between repair or replacement. Should a repair fail or the replacement good is also faulty, the customer may return the article for a full refund, or keep the product at a reduced sales price.

Data Protection:
Your stock data will only be used to fulfil your order. All customer data is stored and processed according to the respective provisions specified in the German Federal Data Protection Law (BDSG) and the German Teleservice Data Protection Law (TDDSG). Customers have the right to free information, revision, disablement or deletion of their stored data at any time. Please write to or send us your request via post or fax. Your personal data including street address and e-mail address will never be given to third parties without your explicit permission, which you may withdraw at any time. Exceptions hereof are our service partners who require your data for order processing (e.g. delivery service contracted with delivery of order and credit institute contracted with payment processing). In these cases, the amount of data provided is reduced to a necessary minimum.

Liability:
Fonomaniac Ltd. is not liable for intent or gross negligence. In the case of slight negligence, the consignee is only liable for the breach of a constitutive contractual obligation (cardinal obligation), or damages resulting from harmed life, physical injury or infringements of personal health.

The aforesaid provisions also apply in favour of the consignee's vicarious agents.

Miscellaneous:
Assignment of claims is only admissible with prior written consent of the other contracting party. Consent may not be unreasonably denied. The stipulation of Paragraph 354 a German Commercial Code remains unaffected hereof.

A lien can only be asserted by reason of counterclaims based on the respective contractual relationship.

The contracting parties may only set off undisputed or legally binding claims.

Legal Venue:
For contracts with traders, legal persons of public law or special public-law funds, exclusive jurisdiction for all litigation resulting from the business relationship, including commercial bill or cheque claims, is the consignee's place of business.

Final Clauses:
If individual provisions should become invalid or partially invalid, this shall not affect the validity of the remaining provisions. The parties shall replace invalid provisions with provisions that come closest to the commercial intention of the invalid provision. This also applies to possible loopholes in the agreements.

The customer's own business terms and conditions are not part of this contract and remain unacknowledged.

These terms and conditions are subject to German law under exclusion of international civil law and the UN convention on contracts for the international sale of goods (CISG).