Terms of Service Acoustic Spaces
§ 1 General
1. The following General Terms and Conditions as amended from time to time shall apply to the business relationship of any kind between Acoustic Spaces and the client. Clients may be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (§ 148GB).
2. The presentation of the products in the online store, offers or catalogs is not a legally binding offer, but only a non-binding presentation of the range of goods. By clicking the button “Buy” in the webshop, the customer places a binding order for the goods contained in the shopping cart. A confirmation of receipt of the order follows immediately after sending the order. The purchase contract is concluded in the web store only with our separate order confirmation. The contract text is stored and the order data and the general terms and conditions are sent to the customer by e-mail. In the case of orders placed by telephone, in writing or in person, the contract is only concluded upon presentation of the invoice.
3. Acoustic Spaces reserves the right not to provide the promised service if it turns out after conclusion of the contract that the goods are not available, although a corresponding obligation transaction has been concluded. In such a case the customer will be informed immediately. Any consideration already paid shall be refunded without delay. Further claims against Acoustic Spaces are excluded.
4. contract language is German.
§ 2 Delivery
- If the customer is an entrepreneur (§ 148GB), the delivery is basically at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the “purchased item, even in the case of mail order purchase, only with the handover of the item to the customer. The handover is equal if the buyer is in default of acceptance. The delivery is made to the delivery address specified by the customer.
- All prices are cash prices including VAT, plus any packaging and transport costs.
- Delivery within Germany will be charged in the amount actually incurred. For deliveries to third countries, additional customs duties and fees may be incurred by the customer.
- The goods must be inspected for transport damage immediately upon receipt by the customer or his representative if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant in the sense of the German Commercial Code (HGB), must have ascertainable transport and packaging damages confirmed in writing by the transport company upon acceptance of the goods and report them. We ask customers who are consumers, legally non-binding, to also notify us of obviously detectable transport damage.
§ 3 Legal right of withdrawal
Right of withdrawal
- If the customer is a consumer (§ 13 BGB), he has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the client or a third party named by him, who is not the carrier, has taken possession of the last goods. In order to exercise the right of withdrawal, the client must inform Acoustic Spaces, Bogenstraße 12, 41239 Mönchengladbach, [email protected] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. To comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
- Consequences of withdrawal: If the customer withdraws from this contract, we must repay all payments that we have received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of the withdrawal from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise: in no case will the customer be charged for this repayment. We may refuse repayment until we have received the goods back or until proof is provided by the customer that the goods have been returned, whichever is the earlier. The customer shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which he notifies us of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
- Exclusion of the right of withdrawal: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, delivery of newspapers, journals or magazines with the exception of subscription contracts.
§ 4 Warranty and compensation
- Defects or damages resulting from culpable or improper handling or improper installation as well as use of unsuitable accessories or modifications of the original parts by the customer or a third party not authorized by Acoustic Spaces are excluded from the warranty.
- Wear and tear based on use is also excluded from the warranty.
- If the customer accepts the goods or the subject of the order despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves the right to do so in writing immediately after receipt of the goods.
- The customer shall only be entitled to warranty claims due to existing transport damage if it has complied with its duty to inspect and notify pursuant to § 2 number 4. This does not apply if the customer is a consumer.
- The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used goods shall be 12 months, unless Acoustic Spaces is subject to unlimited liability pursuant to § 4 clause 7, in particular for injury to life, body and health. If the client is an entrepreneur, the warranty period for new items shall be one year and for used items six months from the passing of risk, unless Acoustic Spaces is subject to unlimited liability according to § 4 clause 7, in particular for injury to life, body and health.
- In all other respects, the warranty shall be governed by the statutory provisions.
- Acoustic Spaces shall only be liable for damages other than those resulting from injury to life, body and health, if these are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by Acoustic Spaces or a vicarious agent (e.g. the delivery service) of Acoustic Spaces. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected. If an essential contractual obligation is violated intentionally or by gross negligence, the liability of Acoustic Spaces is limited to the foreseeable damage.
§ 5 Due date and terms of payment
- Unless otherwise agreed in writing, the invoices of Acoustic Spaces are payable immediately and without deduction. Payment shall be made upon delivery by cash on delivery. Orders by cash in advance will only be shipped after receipt of payment. In the case of credit card payment, the actual debit takes place with the creation of the invoice and shipment of the goods. Immediately upon submission of the online order by the customer, the total amount is reserved on his credit card.
- Acoustic Spaces reserves the right to refuse checks and other non-cash means of payment. Acceptance is always on account of payment only. Payments in foreign currency will be credited according to the bank statement. Bank charges are to be borne by the client.
- If the client is in default with the payment of the purchase price, the sum of the purchase price shall be subject to interest at a rate of five percentage points above the respective base interest rate during the period of default. If Acoustic Spaces can prove to have incurred a higher damage caused by default, Acoustic Spaces shall be entitled to claim such damage.
§ 6 Retention of title
- Until full payment of all existing claims against the client, including all existing ancillary claims, the delivered goods remain the property of Acoustic Spaces , as far as the client is a merchant in the sense of the German Commercial Code (HGB). In case of contracts with consumers, Acoustic Spaces reserves the right of ownership until full payment of the purchase price.
- The client is not entitled to sell the goods to third parties or to take any other measures endangering the ownership of Acoustic Spaces until the purchase price has been paid in full. The client hereby assigns to Acoustic Spaces his future claims against the purchaser in the amount of the purchase price agreed between Acoustic Spaces and the client, including interest and ancillary claims. Acoustic Spaces accepts this assignment.
§ 7 Place of fulfillment and jurisdiction
- German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- The place of fulfillment for all services arising from the business relationship with Acoustic Spaces is Mönchengladbach, insofar as the client is a merchant, a legal entity under public law or a special fund under public law.
- If the customer is a merchant, a legal entity under public law or a public/legal special fund, Mönchengladbach shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.
§ 8 Final clause
Should any of these provisions – for whatever reason – not be applicable, this shall not affect the validity of the remaining provisions.
State January 2022