Stefano De Mario Sartor, hereinafter referred to as audioScope
1. General
1.1 These general terms and conditions apply in the currently valid version for all our contracts, deliveries and other services. We do not recognize deviating conditions of the customer unless we have expressly agreed to them in writing.
1.2
These terms and conditions are a translation and serve to inform our customers. Our German terms and conditions apply to contracts. If there are differences, the German terms and conditions have priority.
2. Orders, prices, delivery service, transport damage
2.1 The customer can place orders in writing, via the Internet, by telephone or fax. Upon receipt, we will send you a written order confirmation immediately. Please check them carefully and inform us immediately of any deviations from your order. Otherwise the provisions of the order confirmation will be regarded as defining the contract.
2.2 If our delivery service is used, delivery will be made from our warehouse to the delivery address specified by the customer, unless otherwise agreed. The risk passes to the customer as soon as he has confirmed receipt of the shipment without reservation to the parcel service or the forwarding agent.
2.3 In your own interest, we ask you to carefully check the shipment for transport damage upon acceptance. If damage is found, the recipient is obliged to report the damage to the transport company immediately and to request that a written damage report be issued. In the event of damage that is only noticed when unpacking or during commissioning (e.g. housing damage or damage to mechanical parts even if the packaging is undamaged), please call us and follow the instructions of our employees. Important: Under no circumstances should you send us a device that has obviously been damaged in transit without a written notification of damage or other proof of the damage claim. If these instructions are not observed, the customer bears the risk that the claim for the damage with the transport company or with the insurance company will not be successful.
3. Payment
Unless otherwise agreed, payment is made in advance.
4. Deadlines for deliveries, set-off, retention, retention of title
4.1 Partial deliveries are at our discretion, depending on the delivery situation, provided that they are also components that can be used independently and nothing else has been expressly agreed.
4.2 If, after accepting the order, we discover that we have made an error in terms of price, delivery time or product information, we will inform the customer immediately. The customer can then confirm the order again under the changed conditions. Otherwise we are entitled to withdraw from the contract.
4.3 The customer is only entitled to offset if his counterclaims have been legally established or recognized by us. The customer is only entitled to a right of retention if his counterclaim is based on the same contractual relationship.
4.4 The delivered goods remain our property until all claims against the customer have been settled in full.
5. Reservation of availability, force majeure
If, after the conclusion of the contract, we determine that the delivery of the goods ordered by the customer is not possible or not within the delivery period specified by us for reasons beyond our control (e.g. non-delivery by the manufacturer, natural disasters, sovereign measures), we can offer the customer goods that are comparable in price and quality or offer the same goods with changed delivery times or withdraw from the contract.
6. Guarantee
6.1 If there is a defect in the purchased item for which we are responsible, the customer can initially only request the removal of the defect or the delivery of a defect-free item (supplementary performance). The entrepreneur (audioScope) can refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customers claim is limited to the other type of supplementary performance; The entrepreneur can also refuse this because of disproportionate costs.
If the entrepreneur delivers a defect-free item for the purpose of supplementary performance, the customer must surrender the defective item and pay compensation for the benefits drawn. The determination of the value of the uses depends on the proportional linear depreciation in value compared between the actual useful life and the expected useful life, taking into account the defectiveness of the item.
6.2 If the entrepreneur is unable or unwilling to provide supplementary performance, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if it fails in any other way, the customer is entitled, at his option, to withdraw from the contract or to request a corresponding reduction in the purchase price. In the event of withdrawal, the entrepreneur and customer are obliged to return the services received from each other. For derived benefits the customer has to pay compensation. Point 5.1, Paragraph 2 applies accordingly to the determination of the value.
6.3 We grant a full guarantee of 24 months for new and used devices and other items on offer. This includes the workload, the replacement part costs and the return of the repaired goods to the buyer. The delivery to us is at the expense of the buyer.
6.4 If the customer asserts claims for defects, he must prove the purchase of the object of purchase by submitting the invoice or in another suitable way. The buyer is obliged to allow us to check the defective device. If the customer refuses us the inspection, we will be released from the warranty obligation.
6.5 In the case of new devices, the customer may potentially make claims against the product manufacturers from their guarantee statements (manufacturer guarantees) that are enclosed with the products. The warranty periods of the manufacturers guarantees are in some cases considerably longer than the statutory warranty period and are, for example, 60 months or longer for most loudspeaker manufacturers.
6.6 For every possible guarantee case, please note our guarantee information enclosed with every shipment. Your statutory warranty claims remain unaffected. You can thus make a significant contribution to quickly handling a possible warranty claim.
6.7 In principle, all guarantee and warranty claims are void if the seals we have attached to the housing are damaged and the devices have been opened by the buyer or a third party.
7. Liability
Further claims of the buyer, regardless of the legal reasons, are excluded, unless otherwise regulated below. In particular, audioScope is not liable for damage that has not occurred to the purchased item itself. Furthermore, liability is excluded for lost profit or for other financial losses suffered by the buyer. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives or vicarious agents. This limitation of liability does not apply to damage resulting from injury to life, limb or health or from negligent breach of essential contractual obligations or in the event of willful intent or gross negligence. It also does not apply if the customer asserts claims from Section 1, 4 of the Product Liability Act, claims due to the lack of a guaranteed property or claims for damages due to non-performance in accordance with Section 280, 281 BGB. If audioScope negligently violates an essential contractual obligation, the obligation to pay compensation for damage to property and personal injury is limited to the damage that typically occurs.
8. Right of Withdrawal
The right of withdrawal for EU consumers (a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.)
Right of Withdrawal Instruction
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Stefano De Mario, audioscope.net, Schulstra§e 26, 26969 Butjadingen, info@audioscope.net, telephone: 0049- (0) 4735-8119850) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
Return Costs
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
9. Data protection, consumer rights (see specifically the link on privacy protection & cookies)
9.1 audioScope guarantees that customer data obtained within the scope of an order will only be processed, saved and used in connection with order processing and for internal marketing purposes. A transfer is only permitted to companies directly associated with order processing (e.g. parcel service or other service providers).
9.2 Statutory consumer protection rights are not affected by these general terms and conditions, in particular your rights according to the provisions of the Distance Selling Act.
10. Place of performance, place of jurisdiction, legal system
The place of performance for all deliveries and services is Bottrop. Exclusive place of jurisdiction a legal place of jurisdiction at the discretion of audioScope, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. The same applies if the customer does not have a general place of jurisdiction in Germany. The law of the Federal Republic of Germany.
11. Contract Language
The contract language is German.
12. Storage of the contract text
We do not save the full text of the contract. Customers can save this electronically before submitting the order using the browser«s print function.
13. Information on online dispute resolution:
We participate and support the Platform of the EU Commission regarding online dispute resolution: www.ec.europa.eu/consumers/odr
14. Final provisions
Should one or more provisions of these general terms and conditions be wholly or partially ineffective or lose their legal effectiveness later, this shall not affect the effectiveness of the remaining terms and conditions.
|
