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TOS

TOS

Terms and Conditions of Service

§ 1 Scope and Supplier

(1)     These Terms and Conditions apply to all orders made through the

“tube amp manufaktur” Online Shop, Harald König, director.

Service Hotline: +49 (0)30 – 95 202 176

E-Mail : msw-könig@kabelmail.de

(2)     The goods offered in our online shop are intended exclusively for buyers over 18 years of age.

(3)     Our products, services and offers are provided solely on the basis of these General Terms and Conditions Consequently, these General Terms and Conditions shall also govern any future business relations, even if not again explicitly agreed upon. The inclusion of customers’ General Terms and Conditions which contradict our General Terms and Conditions is hereby expressly contradicted in advance.

(4)     The contractual language is German. (This English translation is solely provided as non-binding reference information.)

(5)     You may retrieve and print the currently valid General Terms and Conditions from this website.

§ 2 Conclusion of contract

(1)     The presentation of goods in the Online Shop in no way constitutes a binding proposal to conclude a purchasing contract. It rather amounts to a non-binding invitation to initiate a purchase through the Online Shop.

(2)     By clicking the “Order with obligation to pay“ button, you are making a binding offer to purchase (§ 145 BGB).

(3)     The contract is concluded only once the content has been enabled or when a link is provided.

§ 3 Prices

The prices stated on the product pages include the statutory value-added tax as well as other price components, but no shipping costs.

§ 4 Terms of payment; delayed payment

The payment shall be made in advance according to the provided invoice.

§ 5 Offsetting / right of retention

(1)     You are only entitled to offset should your counterclaims be legally and judicially established, or are uncontested by us.

(2)     You may only assert the right of retention if your counterclaim is based on the same contract relation.

§ 6 Delivery

(1)     Where not otherwise agreed upon, the delivery of the wares occurs through the provision of a link. You may activate this link to start the download to your selected storage device.

(2)      It is the customer’s sole responsibility to maintain the appropriate software to properly open, process, and print the files and contents.

§ 7 Withdrawal policy

If you are considered a consumer according to § 13 BGB, i.e. are making the purchase for purposes which can be attributed neither to your commercial nor to your independent professional occupation, you are entitled to the right of withdrawal according to the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day on which you acquire, or a third party other than the carrier known to you acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

You may use the attached model withdrawal form; however, this is not obligatory.

To meet the withdrawal deadline, it suffices for you to send your communication concerning your exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without any undue delay and no later than 14 days from the day on which we receive the message informing us of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge you any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back,

or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send the goods back or hand them over to us without undue delay and in any event not later than 14 days from the day on which you notify us of your withdrawal of the contract. The deadline is met if you ship back the goods before the period of 14 days has expired.

You must bear the direct cost of returning the goods

You are only liable for any diminished value of the goods resulting from handling other than that which is necessary to establish the nature, characteristics and functioning of the goods.

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form

and return it to us.

To

Company

Address:

E-Mail:

Fax:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract

for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete or cross out as appropriate.

End of withdrawal policy

(1)     The right of withdrawal does not apply to the delivery of goods which are not prefabricated and which are manufactured according to customer specifications or are clearly customised to meet the customer’s personal needs, or for contracts concerning the delivery of audio or video recordings or computer software in sealed packaging once unsealed by the consumer.

(2)     Please avoid damage or contamination of the goods. Please return the goods to us in the original packaging where possible, together with all accessories and packaging components. Please use additional protective packaging as appropriate. If you no longer have the original packaging, please package the goods adequately to provide adequate protection against transport damage, and thus to avoid claims relating to damage due to inadequate packaging.

(3)     Please call us at [Tel.Nr.] to inform us of the return shipment. This enables us to allocate the product as quickly as possible.

(4)     Please take note that the terms mentioned in the above paragraphs 2 and 3 are not prerequisite to the effective exercise of the right of withdrawal.

(5)     A right of withdrawal according to § 356 paragraph 5 BGB concerning a contract regarding the delivery of digital contents not contained on a physical storage medium expires once the contractual Provider has begun to execute the contract, after the user has expressly agreed that the Provider is to begin execution of the contract before the expiration of the withdrawal period, and has confirmed their acknowledgement that their right of withdrawal expires with the commencement of contract execution.

§ 8 Warranty

(1)     Where not otherwise expressly specified, your warranty entitlement is according to the statutory provisions of commercial law (§§ 433 ff. BGB).

(2)     If you are a consumer in the sense of § 13 BGB, the limitation period for warranty claims for used items – departing from the statutory provisions – is two years. This limitation does not apply to claims resulting from damages due to loss of life, bodily injury or damage to the health of a person, or for damage resulting from an essential breach of a contractual commitment whose proper fulfilment is a fundamental prerequisite for the proper implementation of the contract in the first place and for which compliance may be relied upon as a matter of course by the contractual party (essential contractual obligations), or to damages based on a deliberate or grossly negligent breach of duty by the user or their vicarious agents.
(3)     Otherwise, the statutory provisions for warranties apply.

(4)     if you are an entrepreneur as defined by § 14 BGB, the statutory provisions apply with the following modifications: – Only the product description and specifications are binding with regard to the quality of the goods, but not other advertising, public promotions or statements made by the manufacturer.

Upon delivery, you are obliged to examine the goods delivered properly and without delay for any defects, wrong deliveries or shortfalls in quantity, and to inform us immediately in writing thereof within 7 days of receipt Timely shipping is sufficient for adhering to the deadline. The same shall apply to defects discovered at a later point in time, calculated from such defects’ discovery. In the event that the obligation to inspect and give notice of defects is violated, warranty claims shall be excluded.

-In case of defect, we may provide warranty either through rectification or replacement, at our discretion. In the event of rectification, we are not obligated to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.

-If rectification fails twice, you may either demand reduction of the purchase price or withdraw from the contract.

-The warranty period is two years beginning from delivery date of the goods.

§ 9 Liability

(1)     Unlimited liability: We assume unlimited liability for wilful misconduct and gross negligence, and according to the German Product Liability Act (ProdHaftG).

(2)     In all other respects, the following limited liability provisions apply: In cases of slight negligence we are only liable if an essential breach of a contractual commitment whose proper fulfilment is a fundamental prerequisite for the proper implementation of the contract in the first place and for which compliance may be relied upon as a matter of course by the contractual party (essential contractual obligations), occurs. The total liability for slight negligence is limited to the damages which are foreseeable at the time of the conclusion of the contract whose occurrence must be reckoned with in a typical case. This limitation of liability also applies to the benefit of our vicarious agents.

§ 10 Copyrights and rights of use

(1)     All digital content provided by the seller is protected by copyright.
(2)     The customer acquires a simple, non-transferable right exclusively for noncommercial use for an unlimited period of time. No exploitation rights are granted to the customer. Particularly, the customer may not provide purchased title in any form to third parties, nor may they make it publicly available (§ 19a UrhG), in digital or in print form, or in complete or in part, (§ 17 UrhG). The right to reproduction (§ 16 UrhG) is limited to those reproduction activities which solely serve the customer’s individual use.

(3)     The grant of usage rights is subject to the condition precedent of full payment of the purchase price.

(4)     The purchaser is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.

(5)     The seller is entitled to individually personalizes digital contents provided for download with visible and invisible markings in order to permit investigation and legal pursuit of the original purchaser in the case of wrongful use.

(6)     In the event of unauthorized use of the digital contents by the purchaser or by third parties, the purchaser commits to pay a contractual penalty of 10,000- Euro per infringing act.

§ 11 Custom-made products

(1)     For custom-made products, separate regulations, which are agreed upon in the context of a binding order, apply.                                                        § 2, paragraphs. (2) and (3), § 6 paragraph (1) and § 7 of these Terms and Conditions do not apply to custom-made products.

(2)     A binding order comes into effect upon payment of 50% of the purchase price and the closure of a written contract for the production of the device.                                          Modalities such as  e.g. the device features, special requests, and delivery times are specified in this contract.

§ 12 Final provisions

(1)     Should one or more provisions in these General Terms and Conditions be invalid or should this be the case in the future, this has no effect on the validity of the remaining provisions.

(2)     For contracts between you and us, solely German law shall apply, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention“).

(3)     If you are a businessperson, a legal person governed by public law, or special fund under public law, [Berlin] is the exclusive court of jurisdiction for all conflicts resulting from or in relation to this contract.

Alternative dispute resolution according to Art. 14 par. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board