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Conditions of Use

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Conditions of Use Conditions of Use
IBF-Akustik e.K.
Ingenieurbüro Wolfgang Frank
General Business terms & Conditions
(Version of March 2nd, 2006)

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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