AGB (Standard Terms and Conditions)
English Translation of our Standard Terms and Conditions
Please note:
1.) The following text is an English translation of the applicable terms and conditions, and is for purposes of information only.
2.) The law of the Federal Republic of Germany shall govern the contractual relations between SONIC WORLD and the customer. Any mandatory consumer protection provisions applicable in the country in which the customer has his/her usual place of abode shall be exempt from this choice of law. The application of the UN Convention on the International Sale of Goods shall be excluded.
In case of inconsistencies between the German and the English version of these Standard Terms and Conditions, the German version shall take priority.
Standard Terms and Conditions for the Sonic World Online Shop
These Standard Terms and Conditions also constitute the advice on your rights as required by german law in accordance with the provisions regarding remote sales contracts and electronic business transactions.
§ 1 Scope of application and provider
§ 2 Conclusion of the contract
§ 3 Right of withdrawal for the consumer
§ 4 Costs of return shipment if right of withdrawal is exercised
§ 5 Transport damage
§ 6 Prices
§ 7 Shipping costs
§ 8 Delivery terms and reservation of self-supply
§ 9 Payment terms
§ 10 Reservation of title
§ 11 Warranty and liability
§ 12 Force majeure
§ 13 Data privacy
§ 14 Choice of law, place of jurisdiction
§ 15 Final provisions
The following terms and conditions are set out in English (translation only) and can be printed out. In addition to this, they will be handed out to the customer in text form upon each delivery of goods.
§ 1 Scope of application and provider
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Jean Hund, Tulpenweg 4, 76571 Gaggenau, Deutschland. +49 (0) 7225-913730 +49 (0) 7225-913730, by fax to +49 (0) 7225-913731 or by e-mail to mail(at)sonicworld.de. |
Please note: Businesses (commercial customers, tradespersons and freelancers) will find extended offers on http://www.akzent-audio.de/. After registration and activation, businesses will then have the possibility of ordering our products online via our B2B Shop (“Pro Audio Store”), subject to the terms applicable there.
§ 2 Conclusion of the contract
1) The description of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue. By clicking the button “send order”, you will issue a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order will be carried out by means of an automated e-mail, directly after the offer has been sent, and does not yet constitute an acceptance of the contract. We shall have the right to accept your order by means of sending a separate order confirmation by e-mail, or by delivering the goods within five days.
2) Should the order confirmation contain spelling or printing mistakes, or should our price calculation be based on technical transmission mistakes, we shall have the right to declare avoidance of the contract, whereby we shall be obligated to provide proof of our error. Payments which have already been effected will be promptly reimbursed.
§ 3 Right of withdrawal for the Consumer
1) Consumer shall have a right of withdrawal which may be exercised within a period of two weeks:
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Advice on your right of withdrawal Right of withdrawal You are entitled withdraw from your contractual declaration within 14 days by means of a notification in text form (e.g. as a letter, fax, e-mail), without having to provide reasons for this withdrawal, or - if the goods are delivered to you prior to expiry of the deadline - by means of returning the goods. The withdrawal period shall commence upon receipt of this advice in text form, but not prior to receipt of the goods by the recipient (in case of recurring delivery of similar goods, not prior to receipt of the first partial delivery), and not prior to the fulfilment of our information obligations under Article 246 section 2 in connection with section 1 subsections 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations under section 312e subsection 1 sentence 1 BGB (German Civil Code) in connection with Article 246 section 3 EGBGB. The timely dispatch of the withdrawal declaration or of the goods shall suffice to meet the deadline. The withdrawal declaration is to be directed to: Jean Hund, Tulpenweg 4, 76571 Gaggenau, Germany by fax to +49 (0) 7225-913731 email: mail(at)sonicworld.de. Consequences of a withdrawal In case of a valid withdrawal, the performances already received by each party must be mutually returned and any usufruct which may have been obtained (e.g. interest) must be restituted. If you are unable to return or surrender the performance or usufruct received (for instance the advantage of using the goods), entirely or in part, or only in a deteriorated condition, you are insofar obligated to compensate us for the loss in value. You shall only be obligated to compensate us for the deterioration of the goods or for usufruct obtained in as far as the usufruct or deterioration was due to a handling of the goods which goes beyond the examination of their characteristics and functions. An “examination of the characteristics and functions” shall be the testing and trial of the relevant goods, in a manner which is possible and customary for purchases at shop premises. Goods which can be sent as packages are to be returned at our risk. You shall be obligated to bear the regular costs of the return shipment if the goods correspond to the order and if the price of the goods to be sent back does not exceed a sum of 40 Euro, or if you, in cases where the price was higher, had not effected the agreed payment or any contractually agreed partial payment at the time of such withdrawal. In all other cases, the return shipment shall be free of charge for you. Goods which cannot be sent as packages shall be collected at your premises. Claims for reimbursement of payments must be settled within 30 days. For you, the deadline shall commence upon the dispatch of your withdrawal declaration or of the goods, for us upon their receipt. End of the advice on your right of withdrawal |
2) The right of withdrawal shall not apply to deliveries of goods which have been produced in accordance with customer specifications or which are clearly tailor-made to the personal requirements, nor shall it apply to software, if you have unsealed the delivered data carriers.
3) Please avoid any damage and contamination. If possible, please return the goods to us in their original packaging, including all accessories and including all packaging components. If necessary, please use additional protective packaging. Should you no longer possess the original packaging, please ensure sufficient protection against transport damage by means of suitable packaging, in order to avoid compensation claims due to damage caused by inadequate packaging.
4) Please return the goods to us as a package, postage paid, and keep the receipt of posting. We will be pleased to reimburse you for the postage costs in advance, unless you are obligated to bear such costs yourself.
5) Please call us under the telephone number [+49 (0) 7225-913730 +49 (0) 7225-913730] prior to returning any goods, in order to notify us of the return shipment. In this manner, you enable us to correlate the products as quickly as possible.
6) Please note that the issues specified in subsection 3 through 5 above do not constitute prerequisites for the valid exercise of the right of withdrawal.
§ 4 Costs of return shipment if right of withdrawal is exercised
If you exercise your statutory right of withdrawal (see advice on your right of withdrawal), you shall be obligated to bear the normal costs of the return shipment if the goods correspond to the order and if the price of the goods to be sent back does not exceed a sum of 40 Euro, or if you, in cases where the price was higher, had not effected the agreed payment or any contractually agreed partial payment at the time of such withdrawal. In all other cases, the return shipment shall be free of charge for you. Goods which cannot be sent as packages shall be collected from your premises. Claims for reimbursement of payments must be settled within 30 days. For you, the deadline shall commence upon the dispatch of your withdrawal declaration or of the goods, for us upon their receipt.
§ 5 Transport damage
1) If goods are delivered with obvious transport damage, please immediately report such damage to the deliverer, and please contact us as quickly as possible (+49 (0) 7225-913730 +49 (0) 7225-913730).
2) Should you fail to report damage or contact us, this shall not have any consequences with regard to your statutory warranty rights. However, you would help us to assert our own claims against the carrier or the transport insurance.
§ 6 Prices
The prices specified on the product pages include statutory value added tax and all other price components.
§ 7 Shipping costs
1) In addition to the specified prices, we will charge a sum of EUR 7.90 for deliveries within Germany; for order values of EUR 1,000.-- or more, shipment shall be free of charge. You will once more be clearly notified of the shipping costs on the product pages via a link, in the shopping basket system and on the order page.
2) If you wish to effect payment cash on delivery via UPS, an additional fee shall apply which UPS will collect upon delivery: national EUR 7.00, EU EUR 14.10. Other taxes or costs shall not be incurred.
§ 8 Delivery terms and reservation of self-supply
1) Delivery within Germany shall be effected by UPS.
2) Unless specified otherwise in the offer, the delivery period shall be 10 days.
3) Should not all of the ordered products be in stock, we shall have the right to effect partial deliveries at our cost, provided that this is not unreasonable for you.
4) Should three attempts to deliver the goods fail, we shall have the right to withdraw from the contract. Any payments already effected will be reimbursed without delay.
5) Should the ordered product not be available because our suppliers cannot deliver the product due to no fault on our part, we shall have the right to withdraw from the contract. In such cases, we shall inform you without delay, and will, if possible, suggest delivery of a similar product. Should a similar product not be available, or should you not wish to receive a similar product, we shall reimburse any payments already effected without delay.
§ 9 Payment terms
1) SONIC WORLD shall issue an invoice to the customer for the ordered goods, which shall be handed over upon delivery of the goods. SONIC WORLD shall deliver against cash in advance or cash on delivery (national: plus 7.-- EUR, EU: 14.10 EUR fee for cash on delivery).
2) The invoice prices always are end-customer prices and include value added tax.
3) In case of default in payment, customers who are consumers shall be obligated to pay to SONIC WORLD default interest amounting to 5 % above the basic interest rate, unless SONIC WORLD can provide proof of higher interest incurred. For customers who are businesses, sentence 1 shall apply with the proviso that the default interest rate shall be 8 % above the basic interest rate.
§ 10 Reservation of title
The goods shall remain our property up until complete payment has been effected.
§ 11 Warranty and liability
1) Warranty shall be subject to the statutory provisions, with the following exception: If the purchased goods are used goods, the warranty period shall be 1 year.
2) We hereby exclude our liability for slightly negligent violations of obligations, provided that these do not relate to material contractual obligations, bodily injuries, adverse health effects or death, or to guarantees, and provided that they do not affect claims under the German Product Liability Act. The same shall apply to violations of obligations by our vicarious agents.
§ 12 Force majeure
Should SONIC WORLD be unable to provide the owed services due to force majeure (in particular war or natural disasters), we shall be exempt from our performance obligations for the duration of the impediment.
Should SONIC WORLD due to force majeure be unable to perform the order or to deliver the goods for a period of more than one month, the customer shall have the right to withdraw from the contract.
§ 13 Data privacy
SONIC WORLD shall comply with all requirements of data privacy law, in particular the prerequisites of the Telemediengesetz (German Telemedia Act). For details, please see our Privacy Policy.
§ 14 Choice of law, place of jurisdiction
1) The law of the Federal Republic of Germany shall govern the contractual relations between SONIC WORLD and the customer. Any mandatory consumer protection provisions applicable in the country in which the customer has his/her usual place of abode shall be exempt from this choice of law. The application of the UN Convention on the International Sale of Goods shall be excluded.
2) The place of jurisdiction for all disputes arising from the contractual relations between the customer and the provider shall be the provider’s registered offices, in as far as the customer is a business, a legal entity under public.
§ 15 Final provisions
This text is an English translation of the applicable terms and conditions, and is for purposes of information only. In case of inconsistencies between the German and the English version of these Standard Terms and Conditions, the German version shall take priority.
Last updated: 14 October 2011