Audio Intense - DIY electronic kits
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)