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General Terms & Conditions

for Menura Audio Online-Store

of

Menura Audio UG (haftungbeschränkt)
Hunscheidtstr. 84
44789 Bochum

Welcome to the Menura Audio online store (hereinafter also referred to as the “online store”)! In the online store we offer you products such as modules for DJ mixers (hereinafter collectively referred to as “products”).

I. General Terms

1. General

  1. These General Terms and Conditions (“GTC”) apply to the services of Menura Audio UG (haftungsbeschränkt), Hunscheidtstr. 84, 44789 Bochum (hereinafter also referred to as “we” or “Menura Audio”), which we provide to you as a customer (hereinafter referred to as “you”) in the context of the use of our online store.
  2. These GTC apply regardless of whether you are a consumer, entrepreneur or merchant. Some special features apply to consumers, which we may point out at the appropriate places in these GTC. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code “BGB”). An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 BGB).
  3. Your General Terms and Conditions shall not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your General Terms and Conditions shall only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, declarations of acceptance, etc. shall take precedence over the provisions of these GTC.

2. Object

  1. With our online store, we provide you with a platform for the purchase of individual modules and ready-made DJ mixers. We mainly focus on the personalized configuration of DJ mixers, which you can put together yourself in our online store.
  2. You can view the type and variety of our products directly on the individual product pages in our online store.

3. Use & Registration

  1. The purchase of products in our online store is possible both as a guest and after your registration.
  2. To register, the registration form provided must be filled out completely and truthfully, stating a customer name, and sent to us.
  3. By submitting the registration form, you submit a binding offer to us to conclude a contract of use for the use of our online store as a registered user. The contract of use is concluded when we confirm your registration and activate your customer account. Each customer may only register once. After your registration, we offer you the opportunity to save your data in your customer account for your next visit and to view the products that you have already purchased via the online store. You can also save watch lists or your own configurations and access our download area for updates, digital effects.

4. Contract

  1. The presentation of the products in our online store does not constitute a legally binding offer, but an invitation to place an order. The descriptions of our products do not have the character of an assurance or guarantee. Unless otherwise stated, all our offers are valid “while stocks last”. We retain ownership of the products you purchase until the purchase price has been paid in full. If the products are sent to you directly by partners and if ownership of the products is not transferred to us beforehand, the respective partner retains ownership until the purchase price has been paid in full by you to us.
  2. A contract for the use of chargeable services is concluded as follows:
    Step 1
    In our online store, you can select products from the existing product range without obligation and add them to your digital shopping cart using the “Add to cart” button.

    Step 2
    Within your shopping cart, you can change or delete your product selection. Of course, you can also cancel your order process at any time.

    Step 3
    Once you have selected all the products you would like to purchase and added them to your shopping cart, you can click on the “Continue to checkout” button within the shopping cart to complete the order process. In the shopping cart itself or in a further intermediate step, you can enter your delivery and billing details and select your preferred payment method.

    Step 4
    You then have the opportunity to view your entire order in detail in our order overview, including quantity, prices and delivery conditions (in particular terms and conditions, delivery and withdrawal conditions). In this order overview, you have the option to change your order and other information, such as delivery details, or to go back to the shopping cart using the “Back” button. You also have the option of saving or printing the terms and conditions by calling up the terms and conditions, selecting and downloading them or using the “Print” function.

    Step 5
    After checking all the details, you have the option of ordering the products you have selected by clicking on the “Order with obligation to pay” button. By clicking this button, you are submitting a binding offer to us to purchase the products you have selected.

    Step 6
    Once you have placed a binding order for your products, you will receive an automatic order confirmation from us by e-mail. In this order confirmation, we will list the contents of your order again and you will be given the option of printing the order confirmation using the “Print” function. With the order confirmation, but at the latest when the goods are delivered, you will also receive a copy of the general terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms.

    INFO
    The automatic order confirmation itself does not constitute acceptance of your offer to purchase the products. The acceptance of your offer and thus the conclusion of the purchase contract for the products selected by you only comes about with the sending of the products, a separate order confirmation by us or by the sending of the invoice for the ordered products. If we allow payment in advance, the contract is concluded when we receive your payment.

5. Payment

  1. The type and amount of payment for the products ordered by you will be communicated to you in the shopping cart, in the order overview and in the order confirmation and, unless expressly stated otherwise, is inclusive of statutory VAT.
  2. We may charge shipping costs in addition to the stated prices. Corresponding information on the type of shipping and the amount of the corresponding shipping costs will be clearly displayed during the ordering process.
  3. You will be informed about the available payment methods during the ordering process and can select the payment method that suits you best.
  4. For all payment methods, payment must be made in advance without deduction.
  5. If we use third-party providers to process the payment transaction, their terms and conditions also apply.
  6. If you fail to meet a statutory or agreed payment deadline, you shall be in default immediately and we shall be entitled to charge interest on arrears accordingly.
  7. If payment is made within the European Union (EU), we do not charge a separate fee for any of the means of payment we use. We also receive payments from accounts outside the EU. If costs are incurred for transactions outside the EU, you shall bear any costs of this transaction.

6. Shipment

  1. If your order contains individual modules that require assembly, these will be delivered for self-assembly unless otherwise specified. Self-assembly means that you must assemble these modules yourself, using your own tools if necessary, before you can use them with other compatible parts. Please observe the relevant assembly instructions and the liability regulations in Section 8.
  2. Upon express request and for a separate fee, we also offer you ready-to-use DJ mixers according to your configuration via our chargeable assembly service, provided that your order contains all the necessary components.
  3. If advance payment has been agreed as the method of payment, the delivery or provision of our digital products will take place after receipt of the invoice amount.
  4. Delivery will be made within Germany and, if necessary, worldwide to the delivery address specified by you for an additional charge.
  5. Should the delivery of the products fail through your fault despite three delivery attempts, we can withdraw from the contract. Any payments made will be refunded to you.
  6. If the product you have ordered is not available, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not wish a comparable product to be delivered, we will reimburse you for any payments already made.

7. Liability

  1. We believe that with our Menura Audio online offer you have unlimited possibilities to create your own customized DJ mixer. Please refer to our recommendations on the compatibility of the individual parts as well as the respective instructions for operation and assembly. If you are unsure, please feel free to contact us at any time with any questions (e.g. by e-mail to ) and we will do our best to fulfill your dream of your new DJ mixer. Important: You remain responsible for how you combine or use individual parts, namely always at your own risk. We are therefore not liable for damage caused by application or assembly errors or misuse.
  2. Our product-specific warranty obligations are determined by the statutory provisions. In principle, we do not provide guarantees or only provide guarantees in individual cases expressly marked as guarantees.
  3. We shall be liable without limitation for damage to property and personal injury insofar as the cause of the damage leading to liability is based on intent or gross negligence.
  4. Furthermore, we shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely. In this case, however, we are only liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
  5. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  6. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

8. Online-Store Guidelines

  1. Adjustments, changes and additions to our online store as well as measures that serve to identify and rectify malfunctions may lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
  2. For technical reasons, we are also unable to guarantee the permanent and complete availability of the servers on which our services are operated. The availability of our website or individual services may therefore be limited from time to time, in particular due to the need to carry out maintenance or repair work.
  3. You may not make our products available to third parties for commercial use.
  4. Links or functionalities in our online store may take you to third-party websites that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of your browser or a change in the user interface.
  5. In the event of reasonable suspicion that the access data to your customer account has become known to unauthorized third parties, we are entitled to temporarily block the use of your account for security reasons. We will inform you of this immediately and provide you with the new access data on request within a reasonable period of time or give you the opportunity to create new access data yourself.
  6. We have the right to exclude you from using our services and to delete your customer account if we have reasonable grounds to believe that you have breached material obligations under these Terms and Conditions or violated the law. We will inform you of the planned exclusion by e-mail and give you the opportunity to comment. In any case, we will take your legitimate interests into account. The right to extraordinary termination remains unaffected.

9. Applicable Law & Place of Jurisdiction

  1. German law shall apply to all rights and claims arising from and in connection with the contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. For disputes arising from and in connection with the contractual relationship existing between us, the statutory provisions on the competent court shall apply. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be our registered office.

10. Consumer Dispute Resolution

Information on online dispute resolution for consumers:

We draw your attention to the possibility of online dispute resolution (so-called “ODR platform”). Consumers can use the ODR platform as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.

We are prepared to participate in the settlement of disputes via this ODR platform.

Note on § 36 VSBG:

We do not participate in dispute resolution proceedings before a consumer arbitration board.

11. Miscellaneous

  1. Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.
  2. Amendments and additions to the GTC and the entire contract existing between us must be made in text form to be effective. Amendments and additions to the contract that we (have to) make due to changed legal or technical requirements for the provision of our services and that do not have a negative impact on the services to which you are entitled shall become effective if you do not object to an amendment in text form within one month of receipt of a notification of amendment and we have informed you in advance of your right to object. If you object to the change, the contract will continue to apply unchanged and we are entitled to terminate the contract without notice with one month’s notice to the end of the next calendar month. Amendments and additions to the contract that we wish to make due to changed performance, remuneration or other commercial or operational requirements will only become effective if you expressly agree to them. This consent can be given by clicking on a consent button in the change notification (e-mail or pop-up when using our services) or in another simple and transparent way provided by us for you. The text form also applies to any amendment to this formal clause. The precedence of individual ancillary agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect you from fraud, malware, spam, data protection violations or other cyber security risks.
  3. We are entitled to transfer the contract of use between you and us for the use of the online store as well as contracts for services or other contracts with permanent, long-term or recurring performance obligations to a company affiliated with us, a legal successor to our company or a company taking over the respective services from this online store. We will inform you of this in text form before the planned transfer.

Version: July 2024

Revocation Policy

  1. If you use our products as a consumer, you can withdraw from the contract concluded between us as follows:
  2. Revocation Policy
    You have the right to revoke the contract concluded with us within 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or, in the case of digital content or other services that are not delivered on a physical data carrier (e.g. CDs or DVDs), from the day of the conclusion of the contract, without giving reasons. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

    The revocation is to be sent to:
    Menura Audio UG (haftungsbeschränkt)
    Hunscheidtstr. 84
    44789 Bochum

    +49-178-8396185
  3. Consequences

    If you revoke the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke from the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. You shall bear the direct costs of returning the goods. You must return or hand over the goods to us or to the above address immediately and in any case within fourteen days at the latest from the day on which you informed us of the revocation of the contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    The right of revocation does not exist and the contract cannot be revoked for contracts for the delivery of products that are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.

– End of statutory revocation policy –

Sample Revocation Form

(If you wish to revoke the contract/service/booking, you can complete this form and return it to us. However, you are not obliged to comply with this form):

Menura Audio UG (haftungsbeschränkt)
Hunscheidtstr. 84
44789 Bochum
Germany

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

Ordered on                   ______________________________

Name                              ______________________________

Address                         ______________________________

                                          ______________________________

Signature                      ______________________________

Date                                ______________________________

(*) Please delete non-applicable.

Version: July 2024

II. Digital Services Act

We make the following rules because we are obliged to do so under the Digital Services Act, the EU Regulation “(EU) 2022/2065 on a single market for digital Services of the European Union”.

The Digital Services Act aims to establish rules that create a safe, predictable and trustworthy environment for people using platforms and websites (hereinafter “Platform”) such as ours.

In particular, the Digital Services Act regulates the handling of illegal content on our Platform and obliges us to take specific measures, which we set out in more detail in these “Digital Services Act Regulations”.

1. Moderation & Justification of the Deletion of Illegal Content

  1. We delete, block or restrict illegal content on our platform. “Content” is any information of any kind. This information is “illegal” if it violates our terms and conditions, service descriptions, guidelines or applicable law.
  2. Illegal content can be reported by users, Customers, Partners or third parties. For the process of such a reporting procedure, see section 2 “Reporting and redress procedure”.
  3. Insofar as content reported or recognized by us is unlawful and we have deleted, blocked or restricted it, we will justify our decision to delete, block or restrict this content and any suspension or termination of the provision of all or part of our Services to the person who published the unlawful content, unless it is misleading, extensive commercial content. In this justification, we communicate the following points in particular:

    1. Whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with that information, or imposes other specified measures in connection with the information, and the territorial scope of the decision, if any, and the duration of its validity;

    2. The facts and circumstances on which our decision is based, including, where applicable, whether our decision was taken as a result of a report made or as a result of a voluntary own-initiative investigation and, where strictly necessary, the identity of the person making the report;

    3. Information as to whether automated means have been used to make the decision, including information as to whether our decision was made in relation to content identified or determined by automated means;

    4. If our decision concerns only “allegedly” unlawful content, a reference to the legal basis and an explanation of why the information is considered unlawful content on that basis;

    5. If our decision is based on the alleged incompatibility of the information with our GTC, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;

    6. Information on whether the data subject has legal remedies against the measure, in particular – depending on the circumstances – internal complaints management procedures, out-of-court dispute resolution and judicial remedies.

  4. If a criminal offense has been committed through the publication of illegal content, or if the commission of a criminal offense is suspected as a result, we will immediately inform the law enforcement or judicial authorities of our suspicions.

2. Reporting Procedures

  1. We review unlawful content as soon as we become aware of any suspicion of the publication of such unlawful content. We become aware of this either through our own review or by reporting the relevant content to our central contact point (see section 3 below).
  2. Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see section 3 below) and must contain at least the following information:

    1. A duly substantiated explanation of why the reporting person or entity considers the information in question to be illegal content;

    2. Clear indication of the exact location where the content was stored/found, e.g. by means of a precise URL and other relevant information for identifying the content, e.g. screenshots, comments, etc;

    3. Name and email address of the reporting person/entity, unless it concerns offenses related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including incitement and aiding and abetting or attempt to commit the aforementioned offenses (see EU Directive 2011/93/EU, Art. 3 to 7);

    4. A statement that the reporting person or entity has a good faith belief that the information and statements contained in the report are accurate and complete.

  3. We will immediately send the reporting person/entity an electronic confirmation of receipt of the report to the contact details provided.
  4. We examine the reports received promptly, carefully, objectively and free of arbitrariness and decide whether the reported content is illegal without a detailed legal examination and act accordingly. If the reported content is unlawful, we will immediately delete, block or restrict it and, if necessary, take further measures mentioned in section 1 paragraph 3.

3. Central contact point for communication

We have set up a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements in section 2 for the content of reports.
All persons, authorities or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at:

We will then deal with all reports as part of the process described in sections 1 to 3.

Version: July 2024