Terms and conditions
GENERAL TERMS AND CONDITIONS FOR PURCHASES IN THE ONLINE STORE AT WWW.MW-ACOUSTICS.DE
§ 1 GENERAL, SCOPE OF THE GENERAL TERMS AND CONDITIONS
1.1 All deliveries and services shall be rendered solely based on the following General Terms and Conditions (hereinafter referred to as T&Cs) in the version applicable at the time of the order. Unless expressly agreed otherwise in writing, deviating terms and conditions shall not apply
1.2
The contractual partner
is MW-ACOUSTICS, at Isländische Str. 11, 10439 Berlin.
1.3 Pursuant to these terms and conditions, the customer can be both a
consumer and an entrepreneur (hereinafter referred to as "Customer").
Pursuant to the terms and conditions, consumers are private persons who
conclude contracts for a purpose that can be attributed to neither their
commercial nor their professional activity. Pursuant to the terms and
conditions, entrepreneurs are private persons, legal entities or limited
partnerships that conclude a contract with DeinDesign as part of their
commercial or independent professional activity
§ 2 CONTACT AND CUSTOMER SERVICE
Please contact us with any questions, grievances or complaints.
Please direct these to the following address only:
MW-ACOUSTICS
Isländische Str. 11
10439 Berlin
You can contact our customer service department
Monday - Friday from 09:00 to 18:00 and Saturday from 10:00 to 14.00 by phone on 0176-631 352 12 or by E-Mail to info@mw-acoustics.com
§ 3 CONCLUSION OF CONTRACT, EXECUTION OF THE CONTRACT
3.1 Our offer is binding. By placing your order, your hereby accept our offer to conclude a contract. The contract shall be deemed concluded when you send your order to us. You shall receive contract confirmation via email.
3.2.1 Once you have found the desired product, you can take a closer look, with no obligation to buy, by clicking on the product name or the product image. You can add the item to your shopping cart by clicking the button [Add to cart].
3.2.2 You can also personalise our range of customisable products using our "Do it yourself (DIY)" configurator, i.e. the selected product can be designed according to your specifications. First you select your device, the desired product and the corresponding product version. Using our configurator you can then use the following functions: "Upload photos", "Select designs", "Text" and/or "Background colour" and design your product accordingly. The permissible formats are: JPG or PNG format.
You can amend your entries at any time using the standard keyboard and mouse functions or by clicking the [Reset] button. Instructions can be found on the left-hand menu bar under the button [? Help] . Once you have finished your design in the configurator, click the button [Finished]. Then you can add your personalised product to your shopping cart by clicking [Add to cart].
3.2.3 You can view the contents of your
shopping cart at any time by clicking the shopping cart symbol in the
top menu bar. You can remove products from the shopping cart by clicking
the symbol [X] or by adjusting the quantity. If you would like to buy the products in your shopping cart, click on the button [Checkout »]
on the shopping cart page. During the order process you can login via
your existing customer account or checkout as a guest "without login".
Then select the shipping and payment methods. Finally you can review
your order details and check all information under "Review order" and
correct under [Edit]. You can also amend incorrect
entries by using the browser back button or by cancelling and starting
the order process from the beginning.
You can also redeem a voucher code using the field "Enter voucher
code" by entering this in the relevant field and then clicking the
button [»]. The voucher amount is credited directly to the shopping cart.
To compete a purchase, you must click the button [Buy now]. Your order is transmitted to us.
§ 4 STORAGE OF THE CONTRACT TEXT
We shall save your order, the order data entered and the contract text. We shall send you contract confirmation via email, which includes all order and contract details. You also have the option to print out the order and the General Terms and Conditions before you send the order to us. Finally, you can access your submitted orders at any time via your customer account, provided you have created one.
§ 5 CONSUMER CANCELLATION RIGHT
Consumer cancellation right
The following cancellation right shall apply only to distance selling:
5.1 Cancellation policy
Cancellation right
You have the right to cancel this contract within fourteen days without stating reasons.
The cancellation period is fourteen days from the day that you or a
nominated third party (excluding the carrier) take possession of the goods.
This voluntary cacellation policy does not apply for businesses. We reserve the right to retroactively charge a fee for the initial shipping, in case the return shippment does not qualify for free shipment according to our policy.
To assert your cancellation right, you must notify us (MW-ACOUSTCS, Isländische Str. 11, 10439 Berlin, Deutschland, phone: +49 (0) 176 | 631 352 12, E-Mail: info@mw-acoustics.com) of your decision to cancel this contract by way of a clear declaration (e.g. a letter sent by post or an email). You can use the attached cancellation form template, however this is not mandatory.
In case of a revocation please send the goods to:
MW-Acoustics
Breitenbachstr. 24-29 / Halle 3
13509 Berlin
Notification concerning the assertion of the cancellation right before expiry of the cancellation period shall be deemed sufficient for compliance with the cancellation period.
Consequences of cancellation
If you cancel this contract we shall refund all payments received,
including delivery costs (excluding additional costs incurred through a
delivery method other than the most economical, standard delivery
offered by us), immediately and no later than fourteen days from the day
that we receive notification of your cancellation of this contract. We
shall refund the sums using the same payment method as the original
transaction, unless expressly agreed otherwise; under no circumstances
shall you incur charges as a result of this refund. We can refuse the
refund 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 surrender the goods immediately, and in any case no later than fourteen days from the day that you notify us of the cancellation of this contract. The period shall be deemed complied with if the goods are dispatched within the fourteen day period. You shall bear the direct costs of returning the goods.
You shall only be obligated to pay for any depreciation of the goods if this depreciation is due to handling of the goods beyond the degree necessary to inspect the quality, features and function of the goods.
5.2 The cancellation right shall not apply to
distance selling contracts for the supply of non-prefabricated goods
whose manufacture requires individual selection or provision by the
consumer or is custom-made to the personal requirements of the consumer.
§ 6 CANCELLATION FORM TEMPLATE
If you would like to cancel the contract, please complete this form and return it to us:
MW-ACOUSTICS
Isländische Str. 11
10439 Berlin
Deutschland
E-Mail: info@mw-acoustics.com
I/we (*) hereby cancel the contract concluded by me/us (*) concerning
the purchase of the following goods (*)/performance of the following
services (*)
Ordered on (*)/received on (*)
Consumer name
Consumer address
Consumer signature (notification by written letter only)
Date
(*) Delete as appropriate.
§ 7 PRICES AND SHIPPING COSTS
All prices include statutory VAT and exclude shipping costs. We
deliver with DHL and different forwarding companies or another carrier of our choice. You will find more information on shipment costs on our website or in your quotation. It is possible to make an appointment for self pickup at:
MW-ACOUSTICS
Breitenbach Str. 24-29
Halle 3
13509 Berlin
§ 8 DELIVERY CONDITIONS
8.1. We ship to Germany and Austria as well as other european countries on request.
8.2 The goods are shipped within the period defined in the quotation (working days are Mo-Fr)
§ 9 PAYMENT CONDITIONS
9.1 Payment may be made by advance bank transfer, instant transfer, PayPal, as well as credit card (VISA, MasterCard) and GiroPay. We reserve the right to refuse certain payment types.
If you select advance payment, we will provide our bank details in the
contract confirmation. The invoice amount must be transferred to our
account within 3 days. For payment via instant transfer, credit card and GiroPay,
you will be redirected to the payment website directly from the order
process, where you can make the transfer. For payments via PayPal, once
the order is complete you will be redirected to the PayPal payment
website, where you can make the payment.
9.2 For consumers we shall retain ownership of the purchased item until full
payment of the invoice amount is made. If you are a business
exercising your commercial or independent professional activity, a legal
entity or a special public fund we shall retain ownership of the
purchased item until settlement of all outstanding claims from the
business relationship with the purchaser. The corresponding security
rights are transferable to third parties.
§ 10 WARRANTY
10.1 If you are a consumer, the warranty shall be provided in accordance with the statutory regulations.
10.2 If you place your order with us as an entrepreneur, the following shall apply:
10.2.1 Supplied goods must be inspected by the Customer immediately after delivery, insofar as this is feasible in the course of normal business. If a defect is discovered, we must be notified immediately. If the Customer fails to notify us, the goods shall be deemed approved, unless in the case of a hidden defect that was not visible during inspection. If such a defect is discovered subsequently, we must be notified immediately after discovery otherwise the goods shall be deemed accepted despite this defect. § 377 German Commercial Code shall not be affected. The Customer shall be obliged to perform an inspection, even in the event of recourse of the entrepreneur pursuant to § 478 German Civil Code. If in such case the Customer fails to inform us of the defect claimed by its customer, the goods shall be deemed to have been accepted despite this defect.
10.2.2 Insofar as a defect is present, we shall be entitled to determine the type of supplementary performance in accordance with the type of defect and the justified interests of the Customer. For these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This shall not apply in the event of recourse pursuant to § 478 German Civil Code.
10.2.3 In the event of subsequent performance to rectify defects, we shall be liable for necessary expenditure, particularly transportation, delivery, labour and material costs only insofar as these are not increased through transfer of the goods to a location other than the head office or commercial branch of the Customer to which the goods were delivered. This shall not apply in the event of recourse pursuant to § 478 German Civil Code.
10.2.4 The defect claims of the Customer including claims for compensation shall lapse after one year. This shall not apply in the event of recourse pursuant to § 478 German Civil Code, nor shall it apply in the event of §§ 438 (1) No. 2 German Civil Code, as well as § 634a (1) No. 2 German Civil Code. This also shall not apply to claims for compensation owing to loss of life, limb or health or due to a grossly negligent or wilful breach of obligation by us or our agents.
§ 11 LIABILITY FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES
11.1 If you are a consumer, we shall be liable for damages in accordance with the statutory regulations.
11.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for compensation pursuant to Figures 11.2 to 11.8:
11.2.1 Insofar as the claims are due to wilful or grossly negligent breach of obligation by us, our representatives or our agents, we shall be liable to pay compensation in accordance with the statutory provisions.
11.2.2 Insofar as we, our representatives or our agents marginally breach an obligation whose fulfilment is essential to the proper implementation of the contract, whose infringement endangers the achievement of the contractual purpose and upon whose compliance the Customer can reasonably rely, the liability shall be limited to the foreseeable, typical damages.
11.2.3 Unless agreed otherwise in Figures 11.2.1 and 11.2.2 our liability to pay compensation shall be excluded. The same shall apply insofar as recourse claims are made against us as the supplier in accordance with § 478 German Civil Code.
11.3 The liability exclusions and limitations under Figure 11.2 shall also apply to other claims, particularly tortious claims or claims for reimbursement of wasted expenses in place of performance.
11.4 The liability exclusions and limitations under Figure 11.2 shall not apply to any existing claims in accordance with §§ 1, 4 German Product Liability Act or due to culpable loss of life, limb or health. They also shall not apply insofar as we have provided a warranty for the condition of our goods or successful performance of a service or a procurement risk, and the warranty claim has been asserted or the procurement risk has materialised.
11.5 Correct and timely delivery by our own suppliers shall remain reserved, unless the seller is responsible for the incorrect and/or delayed delivery.
11.6 Unless the limitation of liability pursuant to Figure 11.2 is asserted in product liability claims pursuant to § 823 German Civil Code, our liability shall be limited to compensation by the insurance provider. If the insurance does not apply or does not apply in full, we shall be liable up to the amount of the insured sum. This shall not apply in the event of culpable loss of life, limb or health.
11.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, colleagues, representatives and agents.
11.8 These regulations shall not reverse the burden of proof.
§ 12 ODR PLATFORM AND CONSUMER DISPUTE RESOLUTION
13.1 We (info@mw-acoustics.com) hereby indicate that the European Commission offers a platform for online dispute resolution (ODR). This is available online at: http://ec.europa.eu/consumers/odr/.
13.2 We are neither prepared nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 LEGAL SYSTEM, PLACE OF JURISDICTION
14.1 German law shall apply to the exclusion of the UN Convention on the International Sale of Goods.
14.2 For Customers who conclude the contract for a purpose that can be attributed to neither their commercial nor their professional activity (consumer), this governing law shall not affect the mandatory legal provisions of the country in which the Customer is ordinarily resident.
14.3 If the ordering party is a merchant, a legal entity or a special public fund, all disputes arising from the contractual relationship shall be directed towards the place of jurisdiction, Bad Kreuznach, where our company is registered.
§ 14 MISCELLANEOUS
15.1 The contractual language is German.
15.2 Should one or more regulations of these General Terms and Conditions be invalid, this shall not affect the validity of the contract. Should provisions be invalid, the content of the contract shall comply with the statutory provisions.