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PRODUCT SAFETY CLAUSE
DO
NOT USE PRODUCTS SOLD BY IBF-AKUSTIK E.K. IN LIFE SUPPORT DEVICES OR
SYSTEMS.
Products
manufactured and/or sold by IBF-Akustik e.K., Germany are not designed
for use as a component in any life support, life safety, or other
comparable application. Our products should not be used in any
application where the failure or faulty performance of the product
might create a risk of personal injury or death. Buyer assumes all risk
of loss, damage or injury alleged to arise from the failure or faulty
performance of a ibf-akustik product in any unauthorized application.
Buyer agrees to indemnify and hold harmless IBF-Akustik e.K., and its
directors, employees, agents, representatives and sales partners, from
and against any and all claims, costs, damages, losses and expenses
including attorney fees which arise from or are elleged to have been
caused by any claim for personal injury or death connected with buyer`s
use of a ibf-akustik product in any unauthorized application, including
claims which allege that ibf-akustik has been negligent in connection
with the design or manufacture of the product.
Identification of provider & scope of appliance
Your
contractual partner, the provider of this website, as well as
EBAY-pages is:
IBF-Akustik e.K.
Ingenieurbüro Wolfgang Frank
(www.ibf-acoustic.com)
Alexanderstr. 66
69519 Viernheim,Germany
Fon: +49 (0) 6204 911 24 91
Fax: +49 (0) 6204 911 24 90
email:
sales@akustik.de
(hereinforth:
IBF-Akustik e.K.).
The
following terms and conditions (AGBs) apply to all offerings on our
websites www.ibf-akustik.de, www.ibf-acoustic.com and our EBAY-pages in
the prevalent version at the time of order. There are no verbal
supplementary agreements. Any alteration of contract requires an
express written affirmation of IBF-Akustik e.K. before becoming
effective.
1. Application
Your
use of the IBF-Akustik e.K websites and any agreement for the purchase
of any goods or services from IBF-Akustik e.K. ("IBF-Akustik e.K.",
"we" or "our") as well as EBAY-orders and shipment shall be in
accordance with these terms and conditions and any other special or
additional terms and conditions on the Website which are referred to
and intended to apply.
In
the event of any conflict between these terms and conditions and any
other special terms and conditions that may apply to various goods and
services featured on the Website these shall apply in the following
order:
(a)
any or additional terms and conditions that are specified for any
particular good or service; then
(b)
these terms and conditions; then
(c)
any other provisions expressly included as part of these terms and
conditions.
For
the avoidance of doubt, in the event that a Customer orders goods from
the catalogues featured on the Website at www.ibf-akustik.de and or
EBAY platform then these terms and conditions shall take precedence.
2. Contractual parties (subsequently named customers)
IBF-Akustik
e.K. shall only enter into an agreement for the supply of goods or
services with Customers who:
(a)
are not under any legal or mental disability preventing them from
entering into an agreement, and
(b)
are at least eighteen years old.
Customers
must be resident in Germany or a member state of the European Union or
Switzerland. Any reference to a "Customer" or "you" in these terms and
conditions shall be taken as a person who meets these criteria of this
clause. If you do not satisfy this criteria, then we expressly reserve
the right immediately and without notice to rescind any agreement with
you.
(c)
others, individually checked by IBF-Akustik e.K.. We reserve the right
to rescind any contractual agrrement (see also 4).
3. Description of Goods and Services
IBF-Akustik e.K. will always use its best efforts to ensure
that the description of goods and services offered on the Website or
Catalog are accurate, complete and up to date and that the goods and
services comply with their description. In the event that there is an
error, omission, inaccuracy or misdescription of the price or the
nature or the availability of the goods and, we expressly reserve the
right to correct such an error and will then inform you of this. In
such an event, you may either choose to proceed with the purchase of
the goods and services in accordance with the amended details provided
by us or elect not to proceed with the order. If you elect not to
proceed with the order, we will rescind the agreement and return all
amounts you have paid in relation to that order.
4. Formation of Agreement and Returns Policy
4.1
The Customer accepts that the information for the goods and services on
the Website are an invitation to the Customer to make an offer to
purchase them based on these terms and conditions and the other
information on the Website and catalog. By using the Website to order
goods and services, you are offering to purchase them once upon
acceptance of the offer by IBF-Akustik e.K.. An agreement to purchase
only comes into existence when IBF-Akustik e.K. confirms its acceptance
of the Customer`s order of the goods or the services or both by extra
e-mail (the automatically online generated email is not an order
confirmation) or on despatch of the goods or services, whichever is the
earlier.
4.2 Product Return Policy (EUROPE)
Customers
are entitled to exercise an unlimited right of return within a period
of 14 days after receipt of the articles without giving any reasons for
such return. The right of return can be exercised by declaring the
request for return in writing, e.g. by postcard, email, fax. The timely
dispatch of the goods or of the request for return shall suffice to
comply with the time-limit.
The
goods have to be returned to the following address only:
IBF-Akustik e.K.
Ingenieurbüro Wolfgang Frank
Alexanderstr. 66
69519 Viernheim, Germany
Fon: +49 (0) 6204 911 24 91
Fax: +49 (0) 6204 911 24 90
email: support@akustik.de
In
the case of queries regarding returns, please
-
send an e-mail to support@akustik.de
The costs of the return have to be borne by the Customer.
However, this does not apply in cases where consumer has a statutory
right to cancel the contract (e.g. because the goods are not the
ordered goods). The risk in returning any goods shall be with the
customer. In the event that the customer has returned goods within the
time limit then IBF-Akustik e.K. shall provide a refund of the purchase
price. IBF-Akustik e.K. reserves the right to deduct from the refund
any bank charges incurred as a result of the transfer of the moneys
back to you. All shipping cost has to be paid by the customer (exempt
Germany: see German AGB clause 4.2)
In the event that prior to the return the bought article has
not only been inspected but also used by the Customer as intended,
IBF-Akustik e.K. shall be entitled to claim compensation for the loss
of value incurred by such use. In order to avoid compensation, please
handle goods with care and avoid traces of use.
Return Policy: Overseas return (non-EUROPEAN residents
e.g. USA, Canada,....)
We offer a 30 days store credit on our items. Products may be
returned within 30 days of receipt for store credit at our prevailing
selling price at the time of processing or the cost at the time of
purchase which ever is lower. Copy of the receipt must accompany all
returns.
Items returned for store credit must be in original condition
with all original packing, manuals, and accessories.
Customer is responsible for proper packaging of returns and
for all the shipping charges associated with returning the merchandise
for exchange or store credit. We are not responsible for any goods
damaged during the time of transit. Return shipping and handling
charges are nonrefundable.
For your protection it is recommended that the returned
package(s) are insured and that a tracking reference and proof of
delivery is obtainable for the shipment.
No store credit for item(s) returned to us after 30 days of
receipt. Items received by us after 30 days of receipt will be
exchanged and returned to the customer. Merchandise returned for store
credit without the accessories will be returned to the customer freight
collect or at our discretion, a fee will be charged for the missing
items.
4.3 The returns policy in this clause 4 shall not apply to
goods or services offered on its Website and catalog which have
additional or special terms and conditions. The returns policy shall
also not apply if the nature of the goods or services offered clearly
make the returns policy inapplicable.
The returns policy will also not apply to:
(a) software.
(b) individual goods configured or manufactured to the Customer`s specification.
(c) engineering, measurement and calibration services.
(d) books
4.4 Replacement of goods
In the event that we are not able to deliver the goods after
we enter into an agreement with you because the goods are no longer
available or cannot be delivered for legal reasons, then we reserve the
rights either to offer you goods or services of a similar quality and
price or to rescind the agreement. In such an event, IBF-Akustik e.K.
will notify you of this on an extra email and on the invoice which will
also include the details of the replacement goods and their price and
give to you the option to proceed with the purchase of the replacement.
5.
Order, Delivery and Payment
5.1
As not otherwise noticed delivery of all goods shall be at your cost.
The risk in the goods shall pass to you immediately it first leaves our
premises. The goods will be insured.
5.2
Unless expressly stated otherwise all indications of delivery times are
estimates only. IBF-Akustik e.K. shall not be liable for any loss or
damage of any kind suffered by the Customer as a result of the late
delivery of any goods.
Description on ordering procedure
Your contractual partner is
IBF-Akustik e.K., Alexanderstr.
66, 68519 Viernheim, Germany
President:
Wolfgang Frank Dipl.Ing.(FH).
Your require further information? No problem! You are welcome
to get in touch with us.
Fon: +49 (0) 6204 911 24 91
Fax: +49 (0) 6204 911 24 90
e-mail: support@ibf-akustik.de
Price
All prices for goods on the
IBF-Akustik website include VAT (gross) at the relevant prevailing rate
on the day of billing. In addition the net amount is imprinted
underneath.
We charge you for transport,
insurance costs and the additional COD costs. Of course, we select the
most economical method of delivery for you (if no other agreements will
be done). Please note that orders cannot be delivered without transport
costs abroad. The same goes for express-service.
Payment
You can choose between credit
card (via www.paypal.com), cash on delivery COD (if applicable)
and payment in advance.
You live in the EC ?
In this case, you have to pay the German VAT, which amounts 16% at the
moment.
You live outside the EC ?
In this case, the German VAT is automatically deducted from the total
amount of the invoice.
Cash on delivery COD:
You pay the amount to the postman when receiving the consignment.
(Germany, Austria, Switzerland only. Others uppon request).
Payment in advance:
After receiving of your order we will send you a proforma-invoice. The
goods are reserved for you for a minimum of 2 weeks. You are asked to
transfer the total amount to our bank account indicating the number of
the invoice and your name.
After getting the payment we will dispatch the goods to you as soon as
possible.
Direct debit order:
Not established.
Payment by credit card:
You will be informed by the procedure individually. Credit card
payments will be fulfilled through the paypal system (www.paypal.com)
Minimum order amount
The minimum order amounts are as follows: 25 EUR national, 40 EUR
international
Transport and insurance costs
The transport costs depend on the weight of the goods.
The different transport costs is indicated on the order form.
We insure your consignment.
This will be done by the transportation company. The insuring costs
will be added to the shipping costs.
6. Price
6.1
The Customer may pay the price for the goods or services either in
Euros or if in USD upon request. The invoice issued by us will detail
the price for the goods and services, the cost for packaging and
freight, and any other items such as insurance and VAT. It also details
if USD-payment is applicable.
7. Title in goods
We shall retain ownership of all goods delivered to you until
all amounts due are paid in full. If the goods are exchanged at any
time, the parties agree that ownership in such exchanged goods shall
pass back to IBF-Akustik e.K. when the Customer receives the
replacement goods.
8. Warranty
8.1
IBF-Akustik e.K. warrants that, at the time of sending, the goods will
be free of material faults that would diminish their value or
marketability or limit their intended use. This excludes minor or
cosmetic faults.
8.2
The goods purchased by the Customer may include a guarantee issued by
the manufacturer. So far as IBF-Akustik e.K. is able, it will provide
the Customer with the benefit of such a guarantee. Given the technical
nature of the goods, the Customer shall immediately upon receipt of the
goods check them for completeness and condition and shall, within seven
days of delivery, notify IBF-Akustik e.K. of any faults, failing which
the Customer shall have no further recourse against IBF-Akustik e.K.
for such faults. In the case of a fault in any goods that could not, in
IBF-Akustik e.K.`s (www.ibf-akustik.de) reasonable opinion, be detected
within this period, then the Customer is to inform IBF-Akustik e.K. of
such a fault within the further warranty period.
8.3
For the purpose of Clause 8.2, the further warranty period shall be a
period of two years for all goods sent after december 2001 by
IBF-Akustik e.K..
8.4
In the case of an incomplete or partial delivery, IBF-Akustik e.K.
undertakes to deliver any outstanding goods immediately they become
available. For the avoidance of doubt, IBF-Akustik e.K.`s
(www.ibf-akustik.de) failure to deliver all of the goods in an order at
the same time shall not entitle the Customer to rescind its agreement.
IBF-Akustik e.K. reserves the right to repair or to replace any faulty
or incomplete goods. In the event such repair or replacement is not to
the reasonable satisfaction of the Customer, then the parties may
negotiate a reasonable reduction of the purchase price or may rescind
the agreement to the extent that it applies to faulty or incomplete
goods.
8.5
For the avoidance of doubt and for the purpose of interpreting the
provisions in clause 8.2, IBF-Akustik e.K. shall be bound by any
express descriptions or warranties made in relation to any goods
featured in its catalogue or Website.
8.6
Unless expressly agreed with the Customer in writing, the warranties in
this section shall apply to individual goods ordered on the Website. A
fault in any part or component of the goods shall only entitle the
Customer to seek the replacement or repair of the faulty part(s) or
component(s) of such goods.
8.7
The warranty in this section shall not apply if the goods are faulty
due to improper use, accidental or wilful damage or fair wear and tear.
8.8
The warranties provided by IBF-Akustik e.K. in these terms and
conditions shall be in lieu of and to the exclusion of any warranty or
representation of any kind, express or implied, statutory or otherwise
relating to any of the goods or services used on or ordered from the
Website including (without limitation) warranties or representations as
to their condition, satisfactory quality, performance or fitness for a
particular purpose.
9. Indemnity
9.1
Due to the nature of our products IBF-Akustik e.K. does not accepts
liability to the extent that it results from the negligence of
IBF-Akustik e.K. or its employees for (a) death or personal injury, and
(b) physical damage to or loss of the Customer`s tangible property in
respect of each incident or series of connected incidents. (read
product installation instructions and our safety clause carefully –
also being part of this document)
9.2
IBF-Akustik e.K. will not be liable to the Customer for any indirect or
consequential loss, damages, cost or otherwise of any kind whatsoever
and howsoever caused, whether arising under contract, tort (including
negligence) or otherwise, including (without limitation) loss of
production, loss or corruption to data, loss of profits or of
contracts, loss of operation time and loss of goodwill or anticipated
savings. IBF-Akustik e.K. will not be liable for the usefulness of the
goods or their effect on the Customer`s other activities or business.
9.3
Subject to the provisions in this Agreement, IBF-Akustik e.K.`s
(www.ibf-akustik.de) total liability to the Customer pursuant to clause
9 (whether in contract, tort (including negligence) or otherwise) will
not at any time exceed in aggregate an amount equal to the price to the
Customer of the goods or service that gave rise to the liability and
any costs of returning such goods to IBF-Akustik e.K..
9.4
The processing of orders and the operation of the Website cannot be
guaranteed to be free of error. Likewise, the nature of the internet is
such that the uninterrupted operation of this Website cannot always be
insured. Accordingly, IBF-Akustik e.K. shall not be responsible for any
damage or loss suffered as a result of the accidental deletion, delay
or incomplete receipt of offers to purchase goods or services.
9.5
As IBF-Akustik e.K. does not have control over the manufacture (beside
the goods marked to be IBF-Akustik e.K. products) and delivery of the
goods to the Customer, the Customer acknowledges and the allocation of
risks in these terms and conditions and as reflected in IBF-Akustik
e.K.`s (www.ibf-akustik.de) prices is recognition of the fact that it
is not within IBF-Akustik e.K.`s (www.ibf-akustik.de) control as to
what purpose the Customer uses the goods.
9.6
IBF-Akustik e.K. will not be liable for loss of data.
9.7
Nothing in these terms and conditions affects your legal rights as a
consumer.
10. Electronic waste
The
"German law concerning the selling, the taking back and the
environmentally correct disposal of electric and electronic apparatus
(Elektro- und Elektronikgerätegesetz - ElektroG of 16 March 2005) as
proclaimed in the Bundesgesetzblatt Part I, No. 17 of 23 March 2005,
page 762) contains certain demands on manufacturers of
electrical/electronical equipment.
IBF-Akustik
e.K. duly preregistered with the body "Stiftung Elektro-Altgeräte-Register
(EAR)" and received the Interims-ID 45350229.
All
products of IBF-Akustik e.K. fulfill the requirements of the EC
directives 2002/96/EC (Electric and electronic apparatus disposal) and
2002/95/EC (RohS = Reduction of harmful substances in electric and
electronic equipment) being Categorie 9 equipment according to
directive 2002/96/EC.
11. Protection of personal information
11.1
IBF-Akustik e.K. warrants and you agree that the information provided
by you in relation to the ordering of the goods and services on the
Website will only be processed, stored and used to fulfil your order
and to enable IBF-Akustik e.K. to carry out its own market research. In
the event that you object to the ongoing use of personal information by
IBF-Akustik e.K., you may at any stage request its immediate deletion
by sending an e-mail to sales@ibf-akustik.de
11.2
IBF-Akustik e.K. will not use the customer`s personal data in any
manner contrary to the use specified in clause 11.1.
11.3
Where you are invited to submit personal information (e-mail address,
names, postal addresses) the submission of this information is purely
voluntary. IBF-Akustik e.K. expressly declares that the information
submitted will not be passed on to third parties.
12 No liability for links
The verdict passed on the 12th May 1998 by the district court
(LG) Hamburg rules that the inclusion of links also leads to
co-responsibility of the material offered via these links. The LG
Hamburg has declared that it is only possible to disclaim
responsibility by expressly distancing oneself from the contents of the
web sites.
As far as IBF-Akustik e.K. links on its pages to
external websites on the Internet the following is applicable: IBF-Akustik
e.K. expressly declares that we have no influence on the layout and
content of the linked to pages. Despite careful check, IBF-Akustik
e.K. therefore cannot assume any responsibility for the content of
any external page. The operators of those pages are responsible for
such contents. IBF-Akustik e.K. hereby expressly declares to
reject any responsibility for the legality of any external website and
distances itself from any external content. This declaration is valid
for the content of all linked to pages.
13 Copyright & Trademarks
All images and text on this website of IBF-Akustik e.K.,
including are subject to copyright protection. Any use exceeding the
conventional use within the scope of online browsing or an online order
(particularly any reproduction, mimicry or the like) is prohibited
without express prior consent of IBF-Akustik e.K..
Product names and other trademarks referred to within
IBF-Akustik e.K. documents and within our websites are the property of
their respective trademark holders.
None of these trademark holders are affiliated with
IBF-Akustik e.K., our products, or our website.
14. Jurisdiction
The legal relations among the parties are solely subject to
the laws of the Federal Republic of Germany ("Bundesrepublik
Deutschland") excluding the UN Convention on Contracts for the
International Sale of Goods (CISG). ") This applies also to orders from
countries other than Germany.
Place of performance is Viernheim. In the event that the
customer does not have a domicile or usual residence within Germany at
the time of filing of a lawsuit or that such are not known to IBF-Akustik
e.K., Viernheim/Lampertheim shall be the legal venue.
14.1 This agreement between the parties shall be governed by
German law and shall be subject to the exclusive jurisdiction of the
German Courts.
14.2 So far as is permissible at law, the interpretation of
clause 11.1 shall act so as to exclude all laws other than German law
which may apply by virtue of the Customer`s residence, provided always
that this clause shall not operate so as to exclude any local laws
relating to consumer contracts.
15. General & Severability clause
15.1 The Customer shall not have any right to set off or
withhold any amount due to IBF-Akustik e.K. unless such an amount is
undisputed or determined at German law.
15.2 Notwithstanding anything to the contrary, this agreement
and delivery of any goods shall be taken to have been effected
immediately the goods leave IBF-Akustik e.K.`s (www.ibf-akustik.de)
business premises. Payment is only deemed to have been received by us
once it is recorded in our bank or paypal account.
15.3 If a court decides that any part of these terms and
conditions or the agreement between the parties is now valid or cannot
be enforced, that part will not apply. All other parts of these terms
and conditions and the agreement between the parties will continue to
apply.
15.4 If IBF-Akustik e.K. decides not to enforce a right under
its agreement with you, this does not prevent IBF-Akustik e.K. from
enforcing that right in the future.
15.5 These terms and conditions cannot be amended by either
party to this Agreement except with the mutual written consent of the
parties.
15.6 These terms and conditions and the documents referred to
constitute the entire agreement between the Customer and IBF-Akustik
e.K.. The terms of any other electronic message or order or any other
communications the Customer may have sent to IBF-Akustik e.K. will not
form part of or apply to such an agreement.
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