General Terms and Conditions 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 ULTRASONE AG Commission (status as of 06/01/2016), is expected to be available from 15/02/2016 at 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 ULTRASONE AG of the existence of this ODR platform and in this context also of our email address firstname.lastname@example.org.
1 CONTRACTUAL PARTNERS, SCOPE OF APPLICATION
1.1 The contractual partners in the context of the general terms and conditions are ULTRASONE AG (hereinafter referred to as “ULTRASONE”), address as above, and the Customer. Contact details and legal representation for ULTRAONE AG can be found in the legal notice on the website www.ultrasone.com.
1.2 Deliveries and services provided by ULTRASONE for the Customer shall be governed exclusively by the following general terms and conditions in the version valid at the time the order is placed.
1.3 Provisions that deviate from those contained in this document are only valid with the express agreement of an authorized management representative of ULTRASONE (spokesperson, authorised signatory or officer) and the respective Customer. All other deviating provisions are forbidden.
2 CONCLUSION OF CONTRACT
2.1 The offers provided by ULTRASONE on its website represent a non-binding invitation to the Customer to order goods from ULTRASONE.
2.2 By ordering the desired goods by completing and sending the online form via email, fax, telephone or post, the customer enters into a binding offer to conclude a sales contract. The offer becomes binding when or before it crosses the relevant interface to ULTRASONE. With the submission of an order to ULTRASONE, the Customer affirms that he/she may conduct business without restraint. ULTRASONE is not obligated to accept the Customer’s offer. An acknowledgement of the Customer's order does not represent acceptance of the Customer's offer.
2.3 Should the order confirmation or other legally binding declaration made by ULTRASONE contain writing or printing errors, or should the pricing be wrongly indicated due to transmission faults, ULTRASONE has the right to refuse the declaration on grounds of error, whereby the onus of proof of an error lies with ULTRASONE. If any payments have already been made, they will be refunded promptly in this case.
2.4 ULTRASONE shall be entitled to accept the Customer’s offer by sending an order confirmation or the ordered goods within a period of seven working days. The order confirmation is usually communicated via email. Should this period expire without compliance, the offer is deemed to have been declined.
2.5 Object of the contract is the good ordered by customer. Regarding to the condition the offer description is valid, § 434 para. 1 sentence 3 of the German Civil Code applies.
3.1 All named prices include the respective statutory value added tax. The costs of packaging and delivery at the time of ordering are defined according to the details provided on the online shop.
3.2 All listed prices are only applicable within Germany and only at the time the order is placed. Every time the ULTRASONE website is updated, all previous prices and other details concerning goods and shipping costs become invalid. In each case, the version that is valid at the time of order placement is binding.
4 TERMS AND CONDITIONS OF PAYMENT / RESERVATION OF THE RIGHT TO WITHDRAW
4.1 Payments shall be made either in advance (bank transfer in advance), PayPal or credit card (Visa, Mastercard). If you wish to pay for your order using a credit card, you will be asked to input your credit card details during the order process. Credit card payments are made over a secure SSL connection via our partner Wirecard.
4.2 Deliveries to business customers or public institutions can be carried out on account after checking and approval. In each case this requires an order in writing on company headed note-paper. The order must always be transmitted to ULTRASONE via fax or email.
.3 The full and complete payment amount shown on the invoice is to be paid to ULTRASONE, irrespective of the payment method. Deductions arising from transaction fees and similar, for example those that arise from a transfer between international banks, shall not be accepted by ULTRASONE.
5 DELIVERY AND SHIPMENT COSTS
5.1 Delivery within Europe
5.2 Following the EU shipping abroad we offer: standard shipping
5.3 Within Europe lasts the supply with parcel service 2 to 6 working days - this is different from country to country
5.4 Independently of the purchase order value a forwarding expenses lump sum is raised (7.50,- EUR)
5.5 In the event that a particular item is not available for delivery at short term, we will inform you by email about the expected delivery time if you have provided an email address.
6 STATUTORY RIGHT OF RECISSION (INSTRUCTIONS FOR RECISSION FROM THE CONTRACT)
6.1 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.
6.2 For reasons of hygiene, the return of ear pads and in-ear eartips is excluded.
6.3 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 fill out and send the sample withdrawal form or another clearly stated declaration on our website. If you make use of this option, we will immediately (e.g. via email) send you confirmation of receipt of the withdrawal.
The notice of withdrawal must be addressed to:
Gut Raucherberg 3
Germany / Bavaria
Phone: +49 (0) 881 901150 0
Fax: +49 (0) 881 901150 50
The consequences of withdrawal
6.4 In case of an effective withdrawal, both parties shall return the received goods and payments.
6.5 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.
6.6 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.
6.7 The obligation to return received payments shall be fulfilled within 30 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.
7 TERMS AND CONDITIONS OF DELIVERY
7.1 Delivery shall be by dispatch from the warehouse to the delivery address specified by the customer.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
8 TRANSPORTATION DAMAGE
If products and goods are delivered with obvious transportation damage, the customer shall immediately indicate this to the shipping service and contact ULTRASONE. The email address for this purpose is email@example.com. By doing so, the Customer is assisting in enforcing ULTRASONE’s claim against the shipper and transport company. Failure to make a complaint or make contact with ULTRASONE shall not have any consequence for the Customer or the Customer’s rights, in particular the Customer’s statutory warranty rights.
9 RETENTION OF TITLE
9.1 The ordered goods shall remain the property of ULTRASONE until full payment has been made. (reservation of proprietary rights §§ 158, 449 of the German Civil Code)
(2) Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the express consent of ULTRASONE.
10.1 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.
10.2 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.
10.3 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.
11 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.
12.1 ULTRASONE shall only be liable for intentional misconduct and gross negligence.
12.2 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.
13 PROHIBITION OF SET-OFF
13.1 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.
13.2 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.
14 DATA PROTECTION
Data processing is carried out in accordance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the German Telemedia Act (Telemediengesetz – TMG).
15 INVALID CLAUSES, PLACE OF JURISDICTION
15.1 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.
15.2 If the customer is a merchant, legal person governed by public law or 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 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 ULTASONE.
17 OUT-OF-COURT DISPUTE RESOLUTION
The EU Commission has created an online platform for dispute resolution (“ODR platform”). 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. This plattform and more information are available at http://ec.europa.eu/consumers/odr
18 PLACE OF FULFILMENT AND PLACE OF JURSIDICTION
18.1 For this General Terms and Conditions the substantive law of the Federal Republic of Germany applies. The provisions of the UN Purchasing Convention do not apply.
18.2 The place of jurisdiction shall be Munich, Germany.