AGB – General Terms and Conditions

General Terms and Conditions (AGB)
of [Company Name] for the Use of the Website prostgear.com

1. Scope and Definitions

  1. These General Terms and Conditions (“Terms”, “AGB”) govern the use of the website prostgear.com (“Website”) and, where explicitly stated, apply to enquiries and contracts initiated via this Website between
    [Company Name], [legal form, e.g. GmbH] (“we”, “us”, “PROst”)
    and you as a user or interested customer (“you”, “user”).
  2. These Terms apply in their current version at the time of your visit. Deviating terms of the user do not apply unless we expressly agree in writing.
  3. “Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (as defined under Section 13 of the German Civil Code – BGB). “Entrepreneur” means a natural or legal person or partnership acting in the exercise of their trade, business or profession (Section 14 BGB).

2. Services Provided via the Website

  1. The Website provides information about our professional audio products and our company. Descriptions of products and technical information on the Website are for general information only and do not constitute a binding offer.
  2. We reserve the right to modify, extend, restrict or discontinue parts of the Website or the entire Website at any time, provided this is reasonable for users.
  3. The Website is intended for users located in countries in which the display of our content and the marketing of our products is lawful. You are responsible for complying with local laws in your country of access.

3. Conclusion of Contracts

  1. As a rule, the Website does not operate as a full e-commerce shop. If you are interested in purchasing our products, contracts are usually concluded individually, e.g. via email or through authorised distributors.
  2. Where we explicitly offer direct orders or pre-orders via the Website, detailed conditions (prices, delivery, payment, right of withdrawal etc.) will be displayed separately in the respective ordering process or communicated individually. In case of conflict, those specific terms prevail over this AGB.

4. Intellectual Property

  1. All content on the Website – in particular text, images, product photos, diagrams, audio samples, logos, trademarks and layout – is protected by copyright and/or other intellectual property rights and is owned by us or used with permission.
  2. You may use the Website and its content only for your own informational, non-commercial purposes. Any reproduction, distribution, public display, editing or other use beyond statutory exceptions requires our prior written consent.
  3. Use of our trademarks, logos or product names in a way that suggests an official partnership, endorsement or distribution relationship is prohibited without our prior written approval.

5. User Obligations and Prohibited Conduct

  1. You must not misuse the Website. In particular, you agree to refrain from:
    • attempting to gain unauthorised access to our servers or other technical systems;
    • using automated systems (bots, scrapers) to extract substantial parts of the Website;
    • transmitting malware, spam or other harmful code;
    • using the Website in a way that violates applicable law or third-party rights.
  2. You are responsible for ensuring that any information you transmit to us (e.g. via contact form or email) is accurate and does not infringe the rights of third parties.

6. Liability

  1. We are liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body or health.
  2. In case of slight negligence, we are only liable for breaches of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely). In this case, our liability is limited to the foreseeable damage typical for the contract.
  3. The above limitations of liability do not affect mandatory statutory liability, for example under German Product Liability Law.
  4. The Website is compiled with due care. Nevertheless, we do not warrant that the information provided is accurate, complete or up to date at all times, nor that the Website will be available without interruption.

7. Links to Third-Party Sites

  1. The Website may contain links to external websites of third parties. We have no influence on the content of these sites and do not adopt such content as our own.
  2. At the time of linking, we checked the external content for possible legal violations. Continuous monitoring is not reasonable without specific indications. If we become aware of legal violations, we will remove such links promptly.

8. Data Protection

Our handling of personal data is governed by our separate Privacy Policy, which is available on this Website. That policy explains in detail which personal data we process, for what purposes and on which legal basis, as well as your rights as data subject.

9. Online Dispute Resolution and Consumer Dispute Resolution

  1. The European Commission provides an Online Dispute Resolution (ODR) platform for consumers, which you can access at:
    https://ec.europa.eu/consumers/odr/
  2. We are [choose: willing / not willing] to participate in dispute resolution proceedings before a consumer arbitration board.
    If applicable: Responsible consumer arbitration board:
    [Name and address of the consumer arbitration board].

10. Governing Law and Jurisdiction

  1. These Terms and any disputes arising out of or in connection with the use of the Website are subject to the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. If you are a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be [our registered office, e.g. Berlin, Germany].
  3. If you are a consumer with habitual residence in the EU/EEA, mandatory consumer protection provisions of your home country remain unaffected.

11. Changes to these Terms

We may modify these Terms from time to time. The version available on the Website at the time of your visit applies. Material changes will be highlighted for a reasonable period.

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