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PRODUCT SAFETY CLAUSE
DO NOT USE PRODUCTS SOLD BY
iSEMcon GmbH IN LIFE SUPPORT DEVICES OR SYSTEMS.
Products manufactured and/or
sold by iSEMcon GmbH, 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 iSEMcon product in any unauthorized
application. Buyer agrees to indemnify and hold harmless iSEMcon
GmbH, 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 iSEMcon product in
any unauthorized application, including claims which allege that
iSEMcon 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:
iSEMcon GmbH
(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: iSEMcon GmbH).
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 iSEMcon
GmbH before
becoming effective.
1. Application
Your use of the iSEMcon GmbH
websites and any agreement for the purchase of any goods or
services from iSEMcon GmbH ("iSEMcon GmbH", "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 and or EBAY platform then these terms
and conditions shall takwww.ibf-akustik.dee precedence.
2. Contractual parties
(subsequently named customers)
iSEMcon GmbH 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 iSEMcon GmbH. We reserve the right to rescind any
contractual agrrement (see also 4).
3. Description of Goods and
Services
iSEMcon GmbH 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 iSEMcon GmbH. An agreement to
purchase only comes into existence when iSEMcon GmbH confirms its
acceptance of the Customer`s order of the goods or the services or
both by extra e-mail (the automatically generated email is not an
order confirmation) or on despatch of the goods or services,
whichever is the earlier.
****
Right of withdrawal - Declaration starts here.
4.2 Product
Return Policy
Purchasers, who are
consumers, are entitled by applicability of the regulations for
distance contracts to a right to revoke the contract on condition
of the following instructions:
Right of
Withdrawal
Customers are entitled to exercise an
unlimited right of return within a period of one(1) month 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, by e.g. postcard, email, fax
or returning the goods. The revocation period does not start
before the delivery and the reception of this instruction.
Punctual dispatch suffices as compliance with the time limit.
The
revocation must be declared to:
The goods have to
be returned to the following address only:
iSEMcon
GmbH
Alexanderstr. 66
69519 Viernheim, Germany
Fon: +49
(0) 6204 911 24 91
Fax: +49 (0) 6204 911 24 90
email:
support@ibf-akustik.de
In the case of
queries regarding returns, please
- send an e-mail to
support@ibf-akustik.de
Consequences
of Withdrawal
In case of an effective revocation, any
performance received by one party is to be returned to the
respective other, as are benefits derived from such performance,
e.g. interest. If Customer cannot return the goods received
in whole or in part, or if Customer can only return the received
goods in a deteriorated state, Customer must pay
compensation for value insofar. There is no obligation to pay
compensation for value if the sole cause of deterioration of the
goods received was the inspection of the respective goods as
would have been possible in a retail shop. For the rest, Customer
can avoid paying compensation for value in respect of
deterioration in the goods as a result of their proper use,
if Customer did not use the goods the way Customer uses Customer´s
own property and refrain from doing anything that would curtail
the value of the goods. If the value of the order does not exceed
Forty Euros (EUR 40) and the goods delivered correspond to the
goods Customer ordered, Customer must pay the return shipping
cost. If Customer is an EU-resident and if the value of the
Customer s order exceeds Forty Euros (EUR 40) the costs of the
return shippinmg will be paid by us.
Obligatory refunds of
payments must be made within 30 days after sending the revocation
or returning the goods.
Special
Notes
The returns policy
will also not apply to:
(a) software when
seal is broken or any download version
(b) individual goods
configured or manufactured to the Customer`s specification.
(c)
engineering, measurement and calibration services.
(d)
books
(e) special orders upon customer requirements e.g. spare
parts
No sales/deliveries of Software, books,
customer specific goods or special orders to Greence and
Estonia.
No calibration service available for Switzerland,
Liechtenstein, Norway and Iceland.
For Finnland no return
shipping cost will apply.
(This information is intended
solely for informational purposes; the original German text is
legally binding.)
4.3 For commercial
transactions between businesses (B2B), the following ZVEI GBT´s
apply.
GENERAL
CONDITIONS FOR THE SUPPLY OF PRODUCTS AND SERVICES OF THE
ELECTRICAL AND ELECTRONICS INDUSTRY (“GL”)*
for
commercial transactions between businesses recommended by ZVEI -
Zentralverband Elektrotechnik- und Elektronikindustrie e. V. as of
June 2005 –
Please ask for the ZVEI - GBT´s – we will send them by mail.
(This
information is intended solely for informational purposes; the
original German text is legally binding.)
****
Right of withdrawal - Declaration ends here.
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, iSEMcon GmbH 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.
iSEMcon GmbH 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
iSEMcon GmbH, 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@iSEMcon.de
Price
All prices for goods on the
iSEMcon 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 prepayment to our bank account (wire transfer).
You live in the EC ?
In
this case, you have to pay the German VAT, which amounts 19% at
the moment.
You are not an EU resident
or resident of Switzerland, Norway, Liechtenstein or Iceland?
In
this case, the German VAT is automatically deducted. You do not
have to pay German VAT. You will probably charged for VAT and Tax
in country of final destination.
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 /
Prepayment.
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 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 iSEMcon GmbH
when the Customer receives the replacement goods.
8. Warranty
8.1 iSEMcon GmbH 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 iSEMcon GmbH 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 iSEMcon GmbH of any faults, failing which
the Customer shall have no further recourse against iSEMcon GmbH
for such faults. In the case of a fault in any goods that could
not, in iSEMcon GmbH`s (www.ibf-akustik.de) reasonable opinion, be
detected within this period, then the Customer is to inform
iSEMcon GmbH 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 iSEMcon GmbH.
8.4 In the case of an
incomplete or partial delivery, iSEMcon GmbH undertakes to deliver
any outstanding goods immediately they become available. For the
avoidance of doubt, iSEMcon GmbH`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. iSEMcon GmbH
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,
iSEMcon GmbH 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
iSEMcon GmbH 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 iSEMcon GmbH does not accepts liability to the extent
that it results from the negligence of iSEMcon GmbH 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 iSEMcon GmbH 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. iSEMcon GmbH 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, iSEMcon GmbH`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 iSEMcon GmbH.
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, iSEMcon GmbH 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 iSEMcon GmbH does not
have control over the manufacture (beside the goods marked to be
iSEMcon GmbH 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 iSEMcon GmbH`s
(www.ibf-akustik.de) prices is recognition of the fact that it is
not within iSEMcon GmbH`s (www.ibf-akustik.de) control as to what
purpose the Customer uses the goods.
9.6 iSEMcon GmbH 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.
iSEMcon GmbH duly preregistered
with the body "Stiftung Elektro-Altgeräte-Register
(EAR)" and received the Interims-ID 45350229.
All products of iSEMcon GmbH
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 iSEMcon GmbH 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
iSEMcon GmbH to carry out its own market research. In the event
that you object to the ongoing use of personal information by
iSEMcon GmbH, you may at any stage request its immediate deletion
by sending an e-mail to sales@iSEMcon.de
11.2 iSEMcon GmbH 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.
iSEMcon GmbH 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 iSEMcon GmbH
links on its pages to external websites on the Internet the
following is applicable: iSEMcon GmbH expressly declares
that we have no influence on the layout and content of the linked
to pages. Despite careful check, iSEMcon GmbH therefore
cannot assume any responsibility for the content of any external
page. The operators of those pages are responsible for such
contents. iSEMcon GmbH 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 iSEMcon GmbH, 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 iSEMcon GmbH.
Product names and other
trademarks referred to within iSEMcon GmbH documents and within
our websites are the property of their respective trademark
holders.
None of these trademark holders
are affiliated with iSEMcon GmbH, 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 iSEMcon GmbH,
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 iSEMcon
GmbH 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 iSEMcon
GmbH`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 iSEMcon GmbH decides
not to enforce a right under its agreement with you, this does not
prevent iSEMcon GmbH 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 iSEMcon GmbH. The terms of any other
electronic message or order or any other communications the
Customer may have sent to iSEMcon GmbH will not form part of or
apply to such an agreement.
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