Conditions of Use
§ 1 Area of validity, vendor
These general terms and conditions are valid for all orders which consumers (§ 13 BGB) place via the Online-Shop of
T+A Elektroakustik GmbH & Co. KG, represented by T+A elektroakustik Verwaltungs-GmbH Herford, the latter represented by the Managing Director, Mr. Siegfried Amft,
Planckstraße 9-11, 32052 Herford, Managing Director: Siegfried Amft, District court Bad Oeynhausen 3612, 6252
(hereinafter “T+A”).
The consumer is the natural person who concludes a legal transaction for a purpose which cannot be ascribed either to his or her commercial activity or his or her independent professional activity.
§ 2 Conclusion of contract
§ 2.1 The product descriptions in the online shop are intended to aid the placing of an offer of purchase. By clicking on the [purchase / chargeable order] button you place a binding offer of purchase. Our products are only sold for private use.
§ 2.2 We may accept your order by sending a separate contract confirmation by e-mail or by dispatching the goods within a period of two days. Receipt of the order is confirmed through automated e-mail immediately after the order is sent; it does not constitute acceptance of contract.
§ 3 Prices
The prices stated on the product pages include statutory Value Added Tax and other price components, and exclude carriage costs.
§ 4 Carriage costs
§ 4.1 The shipping costs are calculated according to weight and country of delivery.
§ 4.2 A supplementary fee of 2.00 EUR is charged for C.O.D. (cash on delivery), which the carrier collects on site. There are no additional taxes or costs.
§ 5 Delivery conditions and reservation of self-delivery
§ 5.1 Goods are delivered via DHL within Germany only.
§ 5.2 The delivery time is 3 to 5 days unless stated otherwise in the quotation.
§ 5.3 If the goods cannot be delivered through your own fault in spite of three attempts at delivery, we are entitled to withdraw from the contract. In this case any payments made by you will be reimbursed without delay.
§ 5.4 If the product ordered is not available because our supplier fails to supply the product at no fault of our own, we are entitled to withdraw from the contract. In this case we will inform you without delay, and where possible suggest a comparable product to be supplied. If no comparable product is available, or if you do not wish to be supplied with a comparable product, we will reimburse you without delay for any payments already made.
§ 6 Conditions of payment
§ 6.1 Payment is possible using the following methods: pre-payment, cash on delivery (C.O.D.), credit card or debit note.
§ 6.2 If you select pre-payment as the method of payment, we will inform you of our bank details in the contract confirmation. The invoice amount must be transferred to our account within a period of ten days. If you pay by credit card, your account will be debited when the goods are dispatched.
§ 6.3 If your payment is late, then interest is payable on the purchase price during the delay period at a rate of 5% points above Base Rate. We reserve the right to establish and assert higher damages caused by delay.
§ 6.4 If you pay by debit note you must bear all costs which arise from a payment transaction which fails due to insufficient funds, or due to incorrect bank details provided by you.
§ 7 Reservation of title
Goods remain our property until payment is made in full. A pledge, assignment as security, processing or restructuring before transfer of title is not permitted without our approval.
§ 8 Right of cancellation
§ 8.1 Consumers have a fourteen-day right of cancellation.
Guidance on cancellation / Right of cancellation
You have the right to cancel this contract without stating reasons within a period of fourteen days. The cancellation period is fourteen days from the day on which you, or a third party nominated by you who is not the carrier, took possession of the last goods.
If you wish to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of an explicit statement (e.g. a letter sent by post, a fax or e-mail). You may use the attached sample cancellation form for this, although this is not a requirement. In order to comply with the cancellation period it is sufficient to dispatch the notification that you are exercising the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall reimburse all payments which we have received from you. This will occur without delay, and in any case within fourteen days from the day on which we received notification that you are cancelling the contract. Reimbursement will include delivery costs, with the exception of any supplementary costs incurred by your choice of a method of delivery other than the cheapest standard delivery method offered by us. The reimbursement will employ the same method of payment that you employed for the original transaction, unless some different method has expressly been agreed with you; no fees will be deducted from the total repayment. We are entitled to withhold reimbursement until we receive the returned goods, or until you produce proof that you have dispatched the goods, whichever occurs earlier.
You are required to return or deliver the goods to us without delay, and at the latest within a period of fourteen days from the day on which you notify us of the cancellation of this contract. To comply with the cancellation period you must dispatch the goods before the period of fourteen days has elapsed. You must bear the direct cost of returning the goods.
You will only have to pay for any loss in value of the goods if this depreciation is due to handling the goods beyond the extent necessary for checking their quality, characteristics and method of working.
§ 8.2 The right of cancellation does not apply if goods are supplied which were not pre-fabricated, or whose manufacture involved a substantial individual selection or condition by the consumer, or which were clearly tailored to the personal requirements of the consumer, or if goods were supplied which can quickly spoil or whose expiry date would quickly be exceeded, or which are not suitable for return due to reasons of protection of health or hygiene, or if their seal was removed after delivery, or if the goods were mixed inseparably with other goods after delivery due to their natural consistency, or if the seal was removed after delivery of sound or video recordings or computer software in a sealed package, or if alcoholic drinks were supplied whose price was agreed at conclusion of contract but which cannot be delivered until no earlier than thirty days after conclusion of contract, and whose current value is subject to fluctuations in the market, over which the contractor has no influence.
§ 8.3 Please avoid damaging and soiling goods. Wherever possible please return the goods to us in the original packaging, with all accessories and all packaging components. If necessary use protective overall packaging. If you no longer possess the original packaging, please be sure to provide suitable packaging to provide adequate protection from transport damage, otherwise claims could be made for compensation for damage due to defective packaging.
§ 8.4 Please note that the procedures stated in § 8.3 are not a pre-condition for the effective exercising of the right of cancellation.
§ 9 Transport damage
§ 9.1 If goods are initially supplied with obvious transport damage, please make an immediate complaint to the carrier regarding the defects, and please contact us as soon as possible.
§ 9.2 Failure to complain of such damage or contact us has no consequences of any kind in respect of your statutory guarantee rights. However, your actions can help us to make our own claims against the freight carrier or the transport insurance.
§ 10 Guarantee
The articles on offer in our shop are covered by statutory guarantee rights.
§ 11 Final provisions
If any condition in these general terms and conditions proves to be ineffective, then the remaining contract conditions remains effective. The ineffective condition is replaced by the relevant legal regulations.