GTC & WITHDRAWAL
General Terms and Conditions of Business of ULTRASONE AG
Headquarter: Bernrieder Str. 17b, 82327 Tutzing, Germany Manufacture: Gut Raucherberg 3, 82407 Wielenbach, Germany Phone: 0881 90 11 50 0 Fax: 0881 90 11 50 50
Out-of-court dispute resolution
The EU Commission has created an online platform for dispute resolution (“ODR platform”) that, according to the Commission (status as of 06/01/2016), should be available via http://ec.europa.eu/odr. If the customer is a consumer living in the European Union, this platform can be used to resolve disputes regarding contractual obligations from online contracts out of court. We are obligated to inform you of the existence of this ODR platform and in this context also of our ULTRASONE AG email address: [email protected] As of 02/2018
1 SCOPE OF APPLICATION
The following T&Cs apply to all orders placed through our online shop
2 CONTRACTING PARTIES, CONCLUSION OF CONTRACT
The purchase contract shall be concluded with ULTRASONE AG. The products placed in the online shop represent a binding offer to conclude a contract regarding the purchase of these items. You may add our products to your shopping basket without any obligation to buy them. You may also amend the details you have entered at any time before submitting your order; to correct this information, please use the prompts provided and explained in the ordering process. The contract will enter into force when you accept the goods offered in the shopping basket by clicking the order button. You will receive another confirmation by email as soon as the order has been transmitted.
3 CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT
The contract is available in both German and English. We will save the text of the contract and send you the order data and T&Cs by email. The text of the contract is no longer available online for security reasons.
4 TERMS AND CONDITIONS OF DELIVERY
4.1 Shipping costs are added to the product prices stated. Domestic deliveries within Germany are priced at EUR 4.90 per order. For orders in excess of EUR 70.00, we will post goods within Germany free of shipping costs. The international shipping charges are available under shipping. 4.2 Delivery shall be by dispatch from the warehouse to the delivery address specified by the customer. 4.3 Should the Customer choose advance payment, the goods will be reserved for the Customer upon acceptance of the contract. However, the goods will only be sent after ULTRASONE has received payment. The Customer is therefore asked to note this when placing an order and make the agreed advance payment in good time. 4.4 In the case that the Customer chooses advance payment and the amount has not been transferred to the account of ULTRASONE within seven days, ULTRASONE may withdraw from the contract. 4.5 The availability of goods and their shipment date will be stated in the order confirmation, which will be sent if the product is not immediately available. 4.6 Deliveries shall always be made while stocks last. If contrary to expectations, a product ordered by the Customer is not available despite prompt disposition, due to reasons for which ULTRASONE is not responsible, ULTRASONE will offer the Customer a product of equal quality and value, which the Customer is not obligated to accept, or the opportunity to withdraw from the contract. ULTRASONE will inform the customer immediately about this unavailability and, in the event of cancellation, immediately refund any payments already made. 4.7 Liability for damages is excluded if a delivery is delayed or if delivery becomes impossible for reasons caused solely by ULTRASONE, and this is not attributable to wilful intent or gross negligence. 4.8 If ULTRASONE is not responsible for delayed delivery (force majeure, intentional acts by third parties, etc.) the delivery deadline shall be extended by an adequate period of time. The Customer shall be informed of this immediately. If the reasons of the delay persist for longer than four weeks after the contract formation, each party has the right to withdraw from the contract.
The following payment methods are accepted in our shop: Advance payment If you select ‘advance payment’ as your method of payment, we will send our bank details to you in a separate email and deliver the goods upon receipt of payment. PayPal You will be redirected to the PayPal website during the ordering process. If you wish to pay the invoice amount by PayPal, you must either have an existing PayPal account or you will need to register first before gaining authorization with your login data and confirming the payment instruction. We will instruct PayPal to initiate the payment transaction once the order has been submitted to the shop. The payment transaction will then be carried out automatically by PayPal. Further information will be provided during the ordering process. Klarna We also offer the following payment methods in Germany in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Payments are made to Klarna:
- Invoice: whenever you pay on account with Klarna, you will receive the goods first and then have a period of fourteen (14) days in which to make the payment. The invoice conditions are available here.
- Hire purchase: Klarna’s financing service allows you to pay for your purchase in flexible monthly installments of at least 1/24 of the full fee (minimum amount: EUR 6.95) or according to other conditions stated at the checkout. More information about hire purchases, including the General Terms and Conditions of Business and the Standard European Consumer Credit Information, is available here.
- Instant bank transfer
- Credit card (Visa/Mastercard)
- Direct debit
6 GOODS DAMAGED DURING TRANSPORT
If your goods have been delivered with obvious transportation damage, please report this to the delivery service as soon as possible and contact us without delay. If you do not make a complaint or get in touch with us, this will not affect your statutory rights or their enforcement in any way, particularly with regard to your statutory warranty rights. You will, however, help us to assert our own claims against the carrier or the transport insurance company.
7 WARRANTY AND GUARANTEES
Statutory warranty rights apply. For information about any other applicable guarantees and their exact conditions, please see the respective product and specific information pages in the online shop. Customer service: “Should you have any questions or complaints, please contact our customer service between [9 am] and [4 pm] Monday to Friday by calling [+49 (0)881 9011500] or emailing [[email protected]].”
8 Statutory right of withdrawal (cancellation policy)
You may withdraw from the contract in writing (e.g. letter, fax, or email), via telephone, or via our online form within thirty days without giving any reason or – if the item has been delivered before expiry of the said term – by returning the item. Unless otherwise agreed by the contracting parties, the statutory right of withdrawal shall not apply to the following contracts: contracts for the delivery of sealed goods that are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and also not before our information duties according to Article 246 Section 2 in combination with Section 1 Subsections 1 & 2 of the Introductory Act to the German Civil Code (EGBGB). The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. Statutory right of withdrawal You are entitled to withdraw from this contract within thirty (30) days without giving any reason for doing so. The deadline for withdrawal shall be thirty (30) days from the date on which you or a third party you have appointed, who is not the carrier, takes possession of the goods delivered. In order to exercise your statutory right of withdrawal, you must notify us (ULTRASONE AG, Gut Raucherberg 3, 82407 Wielenbach, Germany, [email protected], phone: +49 (0)881 9011500, fax: +49 (0)881 90115050) of your decision to withdraw from this contract in a clear declaration (e.g. by sending a letter by post, fax or email). You may use the withdrawal form attached for this purpose; however, it is not obligatory that you do so. The withdrawal deadline shall be deemed to be met if you have sent the communication concerning the exercise of the right of withdrawal before the expiry of the deadline. Consequences of withdrawal If you withdraw from this contract, we must reimburse you for any payments we have received from you, including delivery costs (excluding the additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this Contract. We will use the same payment method you used for the original transaction in order to reimburse you unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which you notify us of your withdrawal from this Contract. The deadline is deemed to be met if you send the goods before the expiry of the fourteen-day deadline. You shall bear the direct costs of returning the goods. You will only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods that is not deemed necessary in order to verify the condition, features and functioning of the goods. The statutory right of withdrawal shall not apply to the following contracts:
- contracts for the delivery of sealed goods that are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
Withdrawal form (If you wish to withdraw from the contract, please complete and return this form.) – To ULTRASONE AG, Gut Raucherberg 3, 82407 Wielenbach, Germany, [email protected], fax: +49 (0)881 90115050 – I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale regarding the following goods (*) / provision of the following service (*) – Ordered on (*)/Received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s): (only for notification on paper) – Date (*) Delete as appropriate.
9.1 Claims made by the Customer against ULTRASONE in case of defects shall be governed by the statutory provisions within the legal deadlines unless otherwise stated in the following provisions. The period covered by warranty is currently two years for consumers. 9.2 Damages caused by the Customer’s improper handling or measures in breach of the contract, related to setup, connections, operation, or storage, do not constitute grounds for claims against ULTRASONE. Improper handling and measures in breach of the contract are determined in particular by the manufacturer’s specifications. 9.3 If the customer is a businessperson and the ordered service is for his or her business enterprise, his or her claims for defects will lapse after one year from the receipt of the goods.
10 REPAIR COSTS / ESTIMATES
If goods are sent to ULTRASONE for repair and this is due to defects, damages, or other changes or deterioration of the goods and not a defective product that gives rise to statutory warranty claims or warranty claims against the manufacturer, the necessary outstanding charges for estimates, repairs and similar costs shall be reimbursed to Ultrasone by the Customer.
11.1 ULTRASONE shall only be liable for intentional misconduct and gross negligence. 11.2 In so far as the violation of duty is due to ordinary negligence and an essential contractual duty has been culpably breached, the liability for damages by ULTRASONE shall be restricted to the foreseeable damage that typically occurs in similar cases. In the event of injury to life, health or limb, ULTRASONE shall be liable pursuant to the statutory provisions. Liability according to the provisions of the product liability law shall remain unaffected. Liability is excluded in all other cases.
12 PROHIBITION OF SET-OFF
12.1 The Customer is not entitled to offset his or her own claims against those of ULTRASONE unless the Customer’s claims are indisputable and have been found legally valid. 12.2 The Customer is not entitled to offset his or her own claims against ULTRASONE retention rights – even for claims based on defects – unless they originate from the same contractual relationship.
13 APPLICABLE LAW; PLACE OF JURISDICTION
13.1 Should one or more provisions in these terms and conditions be invalid, this shall not affect the validity of the whole contract. The invalid provision shall be replaced by a legally valid provision. 13.2 If the customer is a merchant, legal person governed by public law, or a special fund under public law, Munich shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship. The same applies when the Customer does not have a place of jurisdiction in his or her home country, has changed his or her residence or usual place of residence to abroad after conclusion of the contract, or his or her residence or usual place of residence at the moment of filing a complaint is unknown.
The content and works created on these pages by ULTRASONE are subject to German copyright law. Reproduction, editing, distribution, or any type of use beyond the scope of copyright law requires the written consent of ULTRASONE. Downloads and copies of this website are only permitted for private, non-commercial use. The images and texts used by ULTRASONE on promotional materials and websites are generally protected by copyright and may not be used in any way without the prior written consent of ULTRASONE.
Withdrawal for all ULTRASONE pages EN
STATUTORY RIGHT OF RECISSION (INSTRUCTIONS FOR RECISSION FROM THE CONTRACT (Effective 01/2018)
(1) You may withdraw from the contract in writing (e.g. letter, fax or email), via telephone, or via our online form within thirty days without giving any reason or – if the item has been delivered before expiry of said term – by returning the item. (2) The right of revocation does not apply to the following contracts, unless the parties have agreed otherwise: Contracts for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their sealing has been removed after delivery (sealed goods: ear pads, inner ear pads, head pads). (3) The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and also not before our information duties according to Article 246 Section 2 in combination with Section 1 Subsections 1 & 2 of the Introductory Act to the German Civil Code (EGBGB). The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion.
You can download a withdrawal form template in PDF format here (Adobe Acrobat Reader required)or you can use another clearly stated declaration. Simply send the completed withdrawal form to us by post, fax or email. PDF sample withdrawal form The notice of withdrawal must be addressed to: ULTRASONE AG, Gut Raucherberg 3 ,82407 Wielenbach, Germany Phone: +49 (0) 881 901150 0 Fax: +49 (0) 881 901150 50 [email protected], www.ultrasone.com
The consequences of withdrawal
(1) In case of an effective withdrawal, both parties shall return the received goods and payments. (2) In case you are unable to return any or all of the received goods or in case you return them in a diminished state, you shall compensate us for the lost value. Compensation must only be paid for the diminished state of the items if the items have been used or damaged in a way that goes beyond the scope of testing properties and functions. “Testing properties and functions” refers to the way a Customer may test and evaluate the relevant goods in a store. (3) Objects suitable for shipment shall be returned at your own risk. You shall bear the direct costs of returning the merchandise provided the goods have been delivered as ordered. (4) The obligation to return received payments shall be fulfilled within 14 days. For you, the grace period starts with the date your cancellation is sent or the object is returned; for us, the grace period begins with the receipt of the cancellation or the returned goods, depending which arrives latest.