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 Grossmann Audio 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 Grossmann Audio 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
Stephan Großmann, Hoeschtr. 4, 76593 Gernsbach
In case of questions, queries and complaints, please contact us on working days between 10 a.m. and 6 p.m. under the telephone number +49 (0) 7224 6970087 or by e-mail to stephan(at)grossmann-audio.de.

§ 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 “complete 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:

Advice on your right of withdrawal You are entitled withdraw from this contract within 14 days without having to provide reasons for this withdrawal. The withdrawal period is fourteen days from the day on which you or a third party named by you, not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal you have to inform us, Stephan Großmann. Hoeschstr. 4, 76593 Gernsbach, Germany Tel: +49 7224 6970087 email: stephan@grossmann-audio.de by means of an unambiguous statement (such as a letter sent by post, a telefax or an e-mail) of your decision to withdraw from this contract. You may use the attached template form, but this is not mandatory. In order to meet the deadline for the withdrawal declaration, it will be sufficient for you to dispatch the notification informing us that you are exercising your right of withdrawal prior to expiry of the withdrawal period. Consequences of a withdrawal If you revoke this contract, we are obligated to repay to you all payments we have received from you, including delivery costs (with the exception of additional costs which result from you having chosen a method of delivery other than the cheapest standard delivery offered by us), without undue delay, and not later than within fourteen days from the day on which we receive your notification informing us that you are withdrawing from this contract. For this repayment, we will use the same payment method which you used in your original transaction, unless we have expressly agreed otherwise; you will not be charged any fees on account of this repayment. We shall have the right to refuse repayment up until we have received return shipment of the goods or you have provided us with proof that you have sent the goods back to us, whichever happens first. You are obligated to return or hand over the goods to us, without undue delay, and never later than within fourteen days from the day on which you notify us of your withdrawal from this contract. This dealine shall be deemed to have been met if you dispatch the goods prior to expiry of the fourteen-day deadline. You shall bear the direct costs of the return shipment of the goods. You will only have to bear a loss in value of the goods if such loss in value was caused by you handling the goods in a manner which was not necessary in order to examine the quality, characteristics and functioning of the goods. End of the advice on your right of withdrawal

 

Template withdrawal form Should you wish to withdraw from this contract, please fill in this form and return it to us. To: Stephan Großmann. Hoeschstr. 4 76593 Gernsbach, Germany Tel: +49 7224 6970087 email: stephan@grossmann-audio.de I/we hereby withdraw from the contract concluded with me/us on the purchase of the following goods: …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… (Name of the goods, where appropriate: order number and price) Goods ordered on: ……………………….. Date Goods received on: ……………………….. Date Consumer’s name and address. ……………………….. ……………………….. ……………………….. ……………………….. Date ……………………………………………. Customer’s signature (only in the event of a withdrawal in written form)

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.
5) Please call us under the telephone number [+49 (0) 7224 6970087] 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 withdrawal rights) you will have to bear the regular costs of the return shipment. Goods which cannot be sent as a parcel shipment will be collected at your premises

§ 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) 7224 6970087).
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.
3) The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

§ 6 Prices
The prices specified on the product pages include statutory value added tax and all other price components.

§ 7 Shipping costs
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.

§ 8 Delivery terms and reservation of self-supply
1) Delivery within Germany shall be effected by DPD.
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.
6) The products SG-BOX, SG-FATBOX and SG-OAKBOX are only designed for the European market and may not be resold by the buyer to costumers outside Europe.

§ 9 Payment terms
1) GROSSMANN AUDIO shall issue an invoice to the customer for the ordered goods, which shall be handed over upon delivery of the goods. GROSSMANN AUDIO 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 GROSSMANN AUDIO default interest amounting to 5 % above the basic interest rate, unless GROSSMANN AUDIO 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. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer are not covered by the warranty.
2. Signs of wear and tear from normal use are also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 5 item 3 has been fulfilled. This does not apply if the customer is a consumer.
5. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months. If the customer is a business, the warranty period for new items shall be one year and six months from the transfer of risk, and for used items six months from this date.
6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.

§ 12 Force majeure
Should GROSSMANN AUDIO 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 GROSSMANN AUDIO 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
GROSSMANN AUDIO 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 GROSSMANN AUDIO 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.