General terms and conditions of sale, repair and delivery No.: 05/2018 (hereinafter: GTC)

Akustik Perfekt Horst Wenzel An der Ziegelei 2, D-53127 Bonn, Deutschland Fax +49 (0) 3222 / 240 86 25 Tel.: +49 (0) 228 / 93797430 email: akuperf@t-online.de (hereinafter: Akustik Perfekt ) (Stand: 2018/05)

 

 

I. General Information

1. For the entire business relationship between AKUSTIK PERFEKT  And the customer, including the future, are exclusively subject to these GTC. These GTC also apply if we accept orders without reservation with the knowledge of the customer's terms and conditions, provide services or directly or indirectly refer to letters etc. which contain his or her third-party terms and conditions. We only recognize contradictory, deviating or supplementary terms and conditions of the customer by expressly agreeing to their validity in writing. AKUSTIK PERFEKT  is entitled to change these GTC with effect for the future entire business relationship with the customer, if this is necessary and can be expected to the customer. The customer is granted a four-week right to object. 

2. Where the customer and AKUSTIK PERFEKT  A framework agreement, these GTC apply both to this framework agreement as well as to the individual order.

Ii.            Contract

1.            Offers from AKUSTIK PERFEKT  are subject to alteration and non-binding. The documents accompanying the offer such as illustrations, drawings, weights and measurements are only approximate values, unless they are expressly stated as binding. Provides AKUSTIK PERFEKT  The customer is provided with drawings or technical documents about the technical purchase item to be delivered, this property shall remain AKUSTIK PERFEKT .

2nd.       Orders of the Customer are binding for this. Provided that AKUSTIK PERFEKT  No other written confirmation is made, the delivery or invoice is considered as confirmation of order.

3rd.        If the customer is a businessman, the contents of orders and agreements are exclusively the written confirmation of AKUSTIK PERFEKT  If the customer does not immediately object in writing. This applies in particular to verbal or telephone orders and agreements. A message to AKUSTIK PERFEKT  Will no longer be immediately AKUSTIK PERFEKT  has not been received within seven days.

4. You can order via Internet form, by fax or by e-mail. Use the names or the information on the Internet pages, preferably the article numbers (Custom Code). If it is not clear which parts you need, describe in detail which requirements your DIY kit should have, e.g. audio amplifier, digital power amplifier, symmetrical output stage Etc. If You send us this information, you will receive a detailed offer and pre-payment invoice including Shipping costs. If You accept this invoice/offer, you transfer the amount to our account. It is always imperative to AGB ´ S to accept. This is done automatically in the shop. If you order differently, you will receive a corresponding form.

Filling in the shop form and submitting the order is only valid as a request. After we have received your shop order, we will send you an advance payment invoice. If you accept the offer of the advance payment invoice, please pay the amount by advance payment or PayPal, depending on Wish. Use The bank code on the invoice below as well as the invoice and customer number. When you transfer the money, you confirm the acceptance of the offer.

 

Iii. Special Repair and service conditions

1. Placing of orders and scope of services

1.1 With receipt of the repair order at AKUSTIK PERFEKT  Is AKUSTIK PERFEKT  Charged with the creation of an estimate for the elimination of the error identified in the service display. The cost estimate, if requested, shall be

Sent to the customer and confirmed by him, if he wishes a continuation of the order and thus a repair of the device. Should AKUSTIK PERFEKT  Do not accept the order for the preparation of an estimate, the AKUSTIK PERFEKT

Inform the customer immediately.

1.2 If the customer has declared in the repair order the release of the repair up to a certain amount, AKUSTIK PERFEKT  Authorized to carry out the repair without sending the estimate to the customer if the cost estimate is

Indicates that the frame specified by the customer in the service display is not exceeded.

1.3 A warranty repair can be carried out by AKUSTIK PERFEKT  be made only if AKUSTIK PERFEKT  Authorised by the manufacturer (certification). In such cases, the warranty conditions laid down by the manufacturer shall apply.

1.4 is located AKUSTIK PERFEKT  Certification or only partial certification by the manufacturer, it must be AKUSTIK PERFEKT  Forward the defective device to the manufacturer or to its contracting workshop to carry out the repair.

If this is a device that does not have a AKUSTIK PERFEKT  has been distributed, is AKUSTIK PERFEKT  Entitled to claim a lump sum to the customer. The valid price list is decisive.

1.5 The acceptance of devices AKUSTIK PERFEKT  Can be sent by a AKUSTIK PERFEKT  Be denied. In the event of acceptance, the AKUSTIK PERFEKT  Before, the cost of the unfree shipment will be charged to the customer.

2. Cost estimate

2.1 The customer grants an order to AKUSTIK PERFEKT  About the desired repairs and, if necessary, the preparation of a cost estimate.

2.2 The cost estimate is created if:

-The customer Wishes

-The repair limit set by the customer is exceeded

-The customer has issued a warranty repair order and the technician does not determine any damage that is not handled under the warranty Anyone who Can.

As a result of the estimate, there are three possibilities for the customer:

-The device is repaired to the specified amount

-The device is returned to the customer without carrying out a repair against the calculation of the test lump sum

-The device is disposed of free of charge at customer's request

The test lump sum is determined by the valid price list. The preparation of an estimate shall be in accordance with the date of receipt of the repair order at AKUSTIK PERFEKT  Valid price list.

2.3 The cost estimate represents an offer to conclude a repair contract in accordance with the services specified in the estimate. This offer can be provided by the customer by written confirmation of the

Cost estimate within 20 days (receipt at AKUSTIK PERFEKT ), calculated from the date of the estimate.

2.4 The cost estimate is merely a professional calculation of the estimated costs. AKUSTIK PERFEKT  does not guarantee the accuracy of the estimate. If the repair does not result in the absence of a

 Material exceeding the cost estimate can be executed, the customer may terminate the contract for this reason. If a substantial overrun of the estimate is to be expected, the AKUSTIK PERFEKT  To inform the customer.

2.5 AKUSTIK PERFEKT  Indicates that there is already a need to intervene in the device in order to create an estimate.

2.6 If the estimate is not completed within the period specified under 2.3 and signed at AKUSTIK PERFEKT  , the AKUSTIK PERFEKT  Return the device to the customer at the expense of the client.

3. Repair

Only original spare parts of the respective manufacturer are used, unless the customer has made a different assignment or the original spare parts are no longer available. If the original spare parts are no longer available, an indication of the AKUSTIK PERFEKT  To the customer with indication of the comparable spare parts.

 

III. Shipping

We deliver worldwide. We cannot guarantee delivery times, but we do our best to ship within 8-15 business days. Delivery times depend heavily on the country of destination. The shipment is insured up to €500. Higher quantity go outside Europe at the risk of the customer. We will give you the current delivery times when ordering in the advance payment invoice. We assume DHL delivery times for delivery to your country.

                The shipping costs depend on the country of destination. You will receive the detailed costs with our invoice.

                We deliver with DHL or TNT. Shipping is at the expense and risk of the customer (client). Additional customs fees may apply depending on the country and the size of the order.   The cost of shipping is calculated according to the size and/or weight of the package. If it is necessary due to internal operations or supply bottlenecks, we ship partial deliveries.

 

IV. Delivery date, scope of delivery, delay in delivery

1.      Delivery dates and deadlines shall be deemed to be approximate unless AKUSTIK PERFEKT  has expressly made a written commitment as binding. If the customer does not provide timely clarification of all the details of the contract and the customer does not provide all the advance services, the delivery dates will be extended accordingly. Delivery dates shall be deemed to have been met with notification of readiness for dispatch.

2nd.       AKUSTIK PERFEKT  is entitled to partial deliveries, as long as they do not fall below the reasonable minimum.

3rd.        The customer has to check and confirm the delivery note. Any objections are AKUSTIK PERFEKT  Immediately in writing. Otherwise, the confirmed delivery quantity shall be deemed accepted.

4th.        In case of delivery delays due to malfunctions, official measures, absence of deliveries to AKUSTIK PERFEKT  Or force majeure, the delivery period shall be extended appropriately. Force majeure is also present in the case of industrial action, including strikes and legal lockouts in the operation of AKUSTIK PERFEKT  Or at the suppliers of AKUSTIK PERFEKT . In these cases, claims of the customer for damages are excluded in the limits of section VII (General limitation of liability).

5.      The customer is created by a AKUSTIK PERFEKT  Indebted delay in delivery, the customer may demand to replace this with the exclusion of further compensation claims in the amount of 0.5% for each week of delay, but not more than 5% of the value of the affected part of the total delivery. In the event of a delay in delivery, the customer may withdraw from the contract after a reasonable grace period has been achieved if the service is not carried out within the grace period. Further claims in the case of delay in delivery, in particular claims for damages, are excluded in accordance with the provisions of section VIII (General limitation of liability).

V. Prices, terms of payment

1. All prices are in € and inclusive of the legal value added tax, unless The They live outside the EU. Then the prices will be displayed without VAT after you have registered. Shipping and handling costs are not included in the prices indicated. We accept payments via PayPal and transfer from bank to bank. Once the order has been made through the site, you will receive a per-form invoice with the actual shipping costs. If you accept the invoice and transfer the amount, the contract is deemed to be closed. With the transfer and the written order confirmation, you accept the AGB ´ S.

                After we have received your payment, the order will be executed immediately.

 

                We only accept PayPal and transfer to our bank account.

                For bank transfers from abroad, please use the following bank code:

                IBAN: From 30 3705 0198 1901 7309 50

                SWIFT: COLSDE33

                As a receiver, please specify: Horst Wenzel, AKUSTIK PERFEKT

               

                If you want to pay by PayPal:

                We charge an additional fee of 1.9% + 0.35 euro fees of the invoice amount for payments by PayPal for payments from Germany, the EU, Norway, Iceland and Liechtenstein. With one click as payment destination "PayPal" in the shop form, you tell us that you want to pay by PayPal. Then we will send you a PayPal email with payment request and an invoice by email with appropriate fees.

2. In the absence of special agreements invoices are due immediately without deduction for payment.

3. If the customer is in default of payment, the AKUSTIK PERFEKT  Entitled to demand default interest in the amount of 5% above the base rate. The assertion of a specific delay damage is reserved.

4. The customer shall only be entitled to set-off rights if his counterclaims are legally established, undisputed or AKUSTIK PERFEKT  Recognised.

VI. Transfer of risk, acceptance

1.      The risk passes to the customer at the beginning of loading or shipment of the delivery item, even if partial deliveries are made or AKUSTIK PERFEKT  have taken over other services, such as shipping costs or delivery and installation and/or commissioning. As far as the delivery item has to be accepted, the acceptance for the transfer of risk is decisive. The acceptance must be carried out immediately at the acceptance date, in the case of the supplier's notification of readiness for acceptance, and may not be refused by the customer by mere existence of a non-essential defect.

2. If the shipment or acceptance is delayed for reasons AKUSTIK PERFEKT  is not responsible, the risk shall be transferred to the customer from the date of notification of the readiness for dispatch or acceptance.

VII. Warranty, Notification of defects

1.            For defects of the delivery is liable AKUSTIK PERFEKT  Exclusion of further claims as follows:

1.1 The warranty periods for products for private use (consumer goods purchase, § 474 BGB) from the transfer of risk for 24 months, for commercial and/or professional use are 12 months.

1.2. In the case of second-hand products, the warranty period from the passing of risk for private use (consumer goods purchase, § 474 BGB) is 12 months, the warranty is excluded for commercial and/or professional use. Used equipment is supplied with the remaining accessories in the condition in which they are at the conclusion of the contract. Any liability for open or hidden defects is also excluded if the device has not been inspected by the customer before, unless AKUSTIK PERFEKT  Would have concealed the customer's known defects intentionally or by gross negligence.

2nd.       The provisions of paragraph 1 shall not apply in the case of warranted properties or in the event of culpable breach of essential contractual obligations. Such claims of the customer as well as claims for damages which have not arisen on the delivery item itself are excluded according to the Regulations of section VII (General limitation of liability) within the legally permissible framework. If the warranty is reworked or redelivered, this does not trigger a new start of the guarantee period.

3rd.        Properties are only guaranteed if they are expressly referred to in the contract. Oral information as well as information in the documents of AKUSTIK PERFEKT  Do not contain any assurances. Samples AKUSTIK PERFEKT , dimensions, DIN regulations, performance descriptions and other information about the condition of the delivery item serve the specification and are not guaranteed properties. As far as the AKUSTIK PERFEKT  Materials to be used are contractually specified, this guarantees only the conformity with the specification and not the suitability of the materials for the contractual purpose. To point out is AKUSTIK PERFEKT  Committed to their obvious inadequateness.

4th.        Damage caused by external influence, improper installation and treatment, faulty operation or maintenance, corrosion or ordinary wear and tear are excluded from the warranty. In the latter case, the warranty does not extend in particular to the wear and tear of wearing parts. Wear parts are all rotating parts, all drive parts and tools.

5th.        The customer is obligated to inspect the delivered goods as soon as they are received, and to investigate any defects, incorrect deliveries, false deliveries that are obviously not eligible for approval, AKUSTIK PERFEKT  Immediately in writing. The advertisement shall be subject to an exclusion period of seven days from receipt of the delivery. Concealed defects are AKUSTIK PERFEKT  Immediately after discovery in writing. For the rest, § § 377.378 of the HGB is not affected by commercial transactions between traders.

6.            Any quality defects in a partial delivery do not entitle the customer to reject the remainder of the completed quantity, unless the client can prove that the acceptance of only part of the delivery is unreasonable in consideration of the circumstances.

7.            If the customer establishes a defect, he shall not alter, process or issue the delivery item to third parties, but shall AKUSTIK PERFEKT  To give sufficient opportunity and time to convince themselves of the defect and, if necessary, to carry out the necessary supplementary performance (rectification or replacement); Otherwise, all claims for defects are not covered. Only in urgent cases of danger to operational safety or to prevent disproportionately large damages, AKUSTIK PERFEKT  Immediately, the customer has the right to have the defect remedied by himself or by a third party and AKUSTIK PERFEKT  To demand compensation for the required expenses. Irrespective of the existence of a defect, the warranty claims shall lapse even if without the approval of AKUSTIK PERFEKT  Be carried out by the customer or by a third party for modification or repair work.

8.            Transport damages are AKUSTIK PERFEKT  Immediately. The necessary formalities must be dealt with by the customer with the carrier, in particular all necessary findings for the maintenance of Rückgriffsrechten Against third parties. If commercial breakage, shrinkage or similar remain within reasonable limits, this cannot be criticized.

9.            In case of justified complaint, the choice of AKUSTIK PERFEKT  Repair of defective goods or replacement delivery. Multiple repatches are permitted.

10.          In the event of rectification of defects, AKUSTIK PERFEKT  obligated to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labour and material costs, insofar as they do not increase by the fact that the purchased item was brought to a place other than the site of performance.

11.          Can be AKUSTIK PERFEKT  A reasonable grace period for subsequent performance within the meaning of § 439 BGB shall elapse without remedying the defect or supplying a replacement, or if it is impossible to repair or replace the goods, fails or for other reasons of AKUSTIK PERFEKT  Is denied, the customer who is not a consumer shall only be entitled to withdraw from the contract or to reduce the purchase price, excluding all claims relating to the delivery item.

12. The goods must be returned in a packaging intended for this purpose. This applies in particular to ESD-endangered products. We supply the products in special packaging to protect the highly sensitive parts from static charging. It is best to return it in the original packaging or an equivalent packaging. If electronic components or components are not returned in a designated packaging, they may be damaged. In case of damage due to improper packaging a withdrawal for highly sensitive goods is excluded

 

VIII. General LIMITATION OF liability

1.            If the delivery item is caused by the fault of AKUSTIK PERFEKT  As a result of failure or faulty advice before or after conclusion of the contract or the violation of other contractual ancillary obligations (e.g. operating or maintenance instructions) cannot be used by the customer in accordance with the contract, the regulations of the Sections VII and VIII. 2, in accordance with further claims of the Customer are excluded.

2nd.       For damages that are not incurred on the delivery item itself, the AKUSTIK PERFEKT  For whatever legal reasons, only

-         In case of intent,

-         In the event of gross negligence on the owner/organs or

                Employee

-         In the event of culpable injury to life, body, health,

-         In the case of defects which he fraudulently concealed or

          Absence he has guaranteed

-         In the event of defects in the delivery item, if

                Product liability law for personal injury or property damage to private

                The objects used.

                In case of culpable breach of essential contractual obligations AKUSTIK PERFEKT  Even in the event of gross negligence on the part of non-executives and in the case of slight negligence, in the latter cases limited to the contractually typical, reasonable manner foreseeable damage; Further claims are excluded.

IX. Retention of title, collateral

1.            AKUSTIK PERFEKT  Retains ownership of the delivery item until all payments from the delivery contract have been received. In case of unlawful conduct of the customer, in particular in the case of late payment, as well as upon application for opening insolvency proceedings AKUSTIK PERFEKT  Entitled to take back the delivery item after a reminder and obliged the customer to issue it. In the case of seizures or other interventions by third parties, the customer AKUSTIK PERFEKT  Immediately in writing.

2nd.       AKUSTIK PERFEKT  is entitled to insure the delivery item at the customer's expense against theft, breakage, fire, water and other damages, unless the customer himself has demonstrably concluded the insurance.

3rd.        The customer is entitled to resell the delivery item in the ordinary course of business. It shall, however, AKUSTIK PERFEKT  All receivables which accrue to him from the resale against the customer or against third parties, regardless of whether the reserved goods are resold without or after processing. The customer is also entitled to collect these receivables after the assignment. The Power of AKUSTIK PERFEKT To collect the receivables themselves is not affected by this; However, the AKUSTIK PERFEKT Not to collect the receivables as long as the customer duly fulfils his payment obligations. AKUSTIK PERFEKT  May require the customer to inform him of the assigned receivables and their debtors, make all the information necessary for collection, hand over the corresponding documents and inform the debtors of the assignment. If the delivery item is used together with other goods AKUSTIK PERFEKT  Sold, the customer's claim against the purchaser shall be deemed to be in the amount of the AKUSTIK PERFEKT  And the customer's agreed delivery price.

4. The processing or remodeling of reserved property is always carried out by the customer for AKUSTIK PERFEKT  Made. If the object of reservation is not AKUSTIK PERFEKT  Or inseparably mixed, the buyer shall acquire the goods or AKUSTIK PERFEKT  Co-ownership of the new item in relation to the value of the reserved item to the other processed or mixed items at the time of processing or mixing. are goods of AKUSTIK PERFEKT  Connected with other movable objects to a uniform object or inseparably and if the other thing is to be regarded as the main thing, it is considered as agreed that the customer AKUSTIK PERFEKT  Proportionate co-ownership, as far as the main thing belongs to him. The customer keeps the property or co-ownership for AKUSTIK PERFEKT . For the matter resulting from the processing, transformation or connection as well as mixing, the same applies as for the reserved goods.

5th.        For the proper performance of the customer's liabilities, the following AKUSTIK PERFEKT  Entitled to demand adequate collateral. AKUSTIK PERFEKT  Commits itself to release the collateral to which it is liable to the extent that its value exceeds the receivables to be secured, if these are not yet settled, by more than 20%.

X.            Obligation of fulfillment, impossibility and non-fulfilment

1.            The delivery obligation and the delivery time of AKUSTIK PERFEKT  are subject to the reservation of proper, complete and timely delivery.

2. If AKUSTIK PERFEKT  The entire performance before passing the risk due to a AKUSTIK PERFEKT  is impossible, the customer may rescind the contract.

                In the event of partial impossibility or partial inability, the foregoing regulation shall apply only to the relevant part. In this case, however, the customer may withdraw from the overall contract if he can prove a legitimate interest in the rejection of the partial delivery.

                Further claims of the customer, in particular claims for damages, are excluded in accordance with the provisions of sections VI and VII.

3rd.                       If the impossibility occurs during the delay of acceptance or by the fault of the customer, he shall remain obligated to perform.

4th.        After rescission of AKUSTIK PERFEKT  From the contract or after a fruitless time limit is AKUSTIK PERFEKT  Entitled to reclaim the goods that have been withdrawn.

XI. Distance contracts with withdrawal clause

                Revocation instruction only valid for contracts concluded outside of business premises and for distance selling contracts

Withdrawal

You have the right to revoke this agreement within fourteen days without giving any reasons.

The period of withdrawal shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the goods.  .

To exercise your right of withdrawal, you must contact us (AKUSTIK PERFEKT Horst Wenzel at the Brickyard 2, D-53127 Bonn, Germany Fax + 49 (0) 3222/240 86 25 Phone: + 49 (0) 228/93797430 Email: akuperf@t-online.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to use this Agreement Withdraw. You can use the enclosed sample withdrawal form, but this is not mandatory.

In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of revocation

If you revoke this agreement, we will provide you with all the payments we have received from you, including the delivery costs (except for the additional costs arising from the fact that you provide a different type of delivery than the one offered by us, the cheapest Standard delivery), immediately and at the latest within fourteen days from the date on which the notice of cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.

You bear the direct costs of returning the goods

 

Xii.         Place of performance, legal venue, applicable law

1.                            Unless otherwise agreed in the contract, the place of performance for the payment and the delivery of the goods shall be the registered office of AKUSTIK PERFEKT .

2. If the customer, Kaufmann, is a legal person of public law or a special public fund, the place of business of AKUSTIK PERFEKT  Place of jurisdiction for all litigations, including in the context of a bill of exchange or cheque process; Lawsuits against AKUSTIK PERFEKT  Can only be made there.

3. It is exclusively the law of the Federal Republic of Germany to apply to the exclusion of international private law, the unified international law and under exclusion of the UN purchase law.

Xiii.        Legal effectiveness, data protection

1. Should one of the provisions of these GTC be or become ineffective, this does not affect the effectiveness of the contract in any other way. The legal regulations apply in your place. Under no circumstances shall the provision in question be replaced by the customer's terms and conditions.

2. Any changes or additions to the contract must be confirmed in writing in order to be effective. AKUSTIK PERFEKT ; This also applies to a deviation from the contractual written form requirement itself.

3rd.                       Legally significant declarations of intent such as dismissals, cancellations, demand for purchase price reduction or compensation for damages are only effective if they are made in writing.

4th.        AKUSTIK PERFEKT  is entitled to edit and store the data obtained in connection with the business connection via the customer-even if they originate from third parties-in the sense of the Federal Privacy Act and by AKUSTIK PERFEKT  Authorized third parties to process and store them. Our privacy policy is pointed out.

 

2018/05/31

 

 

Sample Withdrawal Form

 

If you want to revoke the contract, then Fill Please use this form

and send it Back.

 

An

AKUSTIK PERFEKT

James Wallis

At the Bricks 2

D-53127 Bonn

Germany

Fax +49 (0) 3222 / 240 86 25

Phone: + 49 (0) 228/93797430

 email: akuperf@t-online.de

 

Herewith I/We cancel the contract signed by me/US About

The purchase of the following goods/the provision of the following services:

..............................................................................

..............................................................................

(Name of product, order number and price, if applicable)

Goods ordered on:

.............................

Date

Goods received on:

.............................

Date

Name and address of the consumer

.............................

.............................

.............................

.............................

Date

....................................................

Signature Customer

(only in case of written revocation)