General Terms and Conditions
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I Applicability
The following provisions apply to all legal transactions with us, unless otherwise expressly agreed in writing.
By accepting the first delivery, the buyer acknowledges the exclusive application of our terms and conditions. This also applies if the buyer's terms and conditions are worded in conflict with these, unless otherwise agreed in writing. Verbal agreements are only valid if they are confirmed by us in writing.
II Contract Content
1st offer
Our offers and the technical data, illustrations, drawings, descriptions and prices contained in our printed materials and other documents accessible to the general public are non-binding. We reserve ownership and copyright of cost estimates, illustrations, drawings and other documents. They may not be reproduced, made accessible to third parties or used for other purposes without our prior consent. We accept no liability for the accuracy, completeness and timeliness of the information provided.
Liability claims against us relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is intentional or grossly negligent fault on our part.
2nd assumption
No written order confirmation is required; this is done tacitly.
3. Individual agreements
Individual contractual agreements, in particular assurances of quality, repair duration and repair deadlines, require our express written confirmation to be effective.
4. Non-transferability
The buyer may only transfer the contractual rights and obligations to third parties with our prior written consent.
III Prizes
Our prices are in EURO and are calculated according to the effort involved. There may be deviations from our non-binding price lists.
The prices are ex works, plus statutory VAT within Germany and do not include commissioning and other costs such as packaging, freight, postage and insurance costs.
IV payments
Our invoices are due 14 days after receipt without deductions, unless otherwise agreed in writing. We reserve the right to use different payment terms such as advance payment, letter of credit, etc. in individual cases.
The retention of payments and the offsetting of any counterclaims of the buyer that we dispute are not permitted.
V delivery
The delivery time is subject to change.
The choice of transport route and means of transport as well as the packaging of the goods is made by us at our best discretion, but without guarantee.
Shipping is at the buyer’s expense and risk.
The buyer must ensure receipt of the goods. If a package arrives visibly damaged, it must be opened immediately in the presence of the deliverer and a damage confirmation must be issued by the deliverer.
Transport damage must be reported to us within one day of the damage occurring.
VI Retention of Title
All goods delivered by us remain our property until the purchase price has been paid in full, including all incidental costs. During the period of retention of title, the buyer is not entitled to pledge the goods or transfer them to third parties as security.
The buyer is entitled to resell the goods or the item made from them as part of proper business operations. The claims against third parties arising from the resale are assigned to us as security in the amount of our original invoice amount, without the need for a special agreement in individual cases.
As long as the buyer meets his payment obligations to us, he is authorized to collect these claims on our behalf. However, we are entitled to notify third parties named by the buyer upon request of the transfer of claims and to give them instructions. In the event of default in payment, we are entitled to demand the return of the delivered goods on the basis of the retention of title and to dispose of them in another way.
In case of doubt, the exercise of this right shall not be deemed to constitute withdrawal from the contract.
The buyer is obliged to store the goods belonging to us properly and separately and to insure them.
If the goods are combined by the buyer with other items not belonging to us to form a new item in such a way that he acquires sole ownership of it, the buyer transfers to us joint ownership of the new item in proportion to the value of the combined items at the time of their combination.
The conclusion of the contract between us and the buyer is deemed to be an agreement on the transfer of ownership. The granting of joint ownership by us by the buyer is replaced by the buyer taking the new item into safekeeping for us.
VII Notices of Defects
Complaints about defects must be received by us together with the original packaging within one week of the buyer receiving the goods. We are only liable for defects that arise on our part. Further claims for compensation are excluded.
VIII Internet Businesses
1. Content of the online offer
All offers are non-binding and subject to change. We expressly reserve the right to change, add to or delete parts of the website or the entire offer without prior notice, or to temporarily or permanently stop publication.
2. References and links
In the case of direct or indirect references to external websites (links) that are outside our area of responsibility, we are only liable if we have positive knowledge of the linked content and it is technically possible and reasonable for us to prevent or prohibit the use of illegal content.
We therefore declare that at the time the links were created, the linked pages were free of illegal content. We have no influence on the current or future design and content of the linked pages. We therefore distance ourselves from all content on all linked pages that have been changed after the links were created.
This statement applies to all links and references within our Internet offerings as well as to third-party entries in guest books, discussion forums and mailing lists set up by us. The provider of the page to which reference was made is solely liable for illegal, incorrect or incomplete content and in particular for any damage resulting from the use of such information.
IX Copyrights
We retain the copyright for objects created and published by us, such as graphics, video sequences, audio documents and texts. Reproduction or use of these objects in other electronic or printed publications is not permitted without our prior consent.
We expressly reserve the copyright for the name AUDIODESKSYSTEME-GLÄSS.
X Data Protection
We expressly point out that the data required for order processing, such as addresses, academic titles, and if applicable, dates of birth, etc., are recorded and processed electronically when correspondence begins or the order is placed.
If our website offers the possibility of entering personal or business data such as email addresses, names, addresses, etc., the user provides this data on a voluntary basis.
XI Applicable Law and Place of Jurisdiction
All legal transactions between us and our customers are subject to German law.
The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including claims relating to checks and bills of exchange, is Heidenheim an der Brenz.
XII Final Provision
Should parts or individual formulations of these provisions be ineffective, the remaining parts shall remain unaffected in their validity.
Status: May 23, 2022