Terms of Sale

I. Scope of application
Subject to deviating written individual agreements, soundwear Dimbath e.K. sells and delivers exclusively pursuant to the following General Terms of Trade (GTT). Contradicting or deviating general terms and conditions of business partners shall not become a part of the contract, even if soundwear Dimbath e.K. performs delivery without reservation. We hereby object to any counter-confirmations issued by the purchaser taking reference to his conditions of business and purchase.

II. Postal address and other communication data for soundwear Dimabth e.K. (“contact address”)
The postal address and other communication data for soundwear Dimbath e.K. are as follows:

(1) Postal address:
soundwear Dimbath e.K.,
Schallershofer Str. 110,
D-91056 Erlangen, Germany

(2) Telefax:
- from Germany: 09131 751975
- from abroad: (+49) 9131 751975

(3) Telephone from Monday through Thursday, 8:00 a.m. to 4:30 p.m , Friday from 8:00 a.m. to 12.00 a.m. (“business hours”):
- German domestic calls : 09131 75190
- calls from abroad: (+49) 9131 75190

(4) Internet:
www.soundwear.com

(5) E-mail:
info(at)soundwear.com

(6) Managing Director:
Wolfgang Dimbath

III. Offer
A legally binding offer for the conclusion of a contract is not contained in the catalogues, leaflets and websites of soundwear Dimbath e.K.. A legally binding offer for the conclusion of a sales contract is only issued by the customer, who can submit this offer by means of an order to soundwear Dimbath e.K. by post, telefax, telephone, internet or e-mail, using the communication data itemised under II.

IV. Conclusion of the contract through acceptance of the offer, deviations from the customer’s offer
(1) soundwear Dimabth e.K. may accept an offer submitted by the customer within four weeks. The contract is concluded when delivery of the goods or an initial partial shipment have taken place within this period of time, in doing so accepting the offer submitted by the customer. soundwear Dimbath e.K. endeavours, even without being obliged to do so, to not completely use this period of time and to effect deliveries as quickly as possible (if possible within 2 days after receipt of the order).

(2) soundwear Dimbath e.K. reserves the right to deliver goods with equivalent value and price upon the customers offer.

V. Purpose of the contract
The contract is a commercial contract in nature.

VI. Right to return and/or exchange/ Right of Rescission
(1) The customer has, upon his choice, a right to return and/or exchange the goods within a period of time of two weeks from the date of receipt of the goods, without having to state reasons for this.

(2) This deadline shall be deemed to have been met by a timely dispatch of the goods to be returned to soundwear Dimbath e.K., Schallershofer Str. 110, 91056 Erlangen, Germany. In as far as the goods are not suitable for dispatch as a package, the imely dispatch of a request for collection or exchange shall be deemed to be sufficient.

(3) Right of rescission
Purchasers who are consumers in accordance with the consumer protection law may withdraw from a contract made from a remote sale (or a statement of a contract sent as a remote sale) within a period of 14 business days after receipt of the delivered (ordered) goods.
It will suffice if the declaration of rescission is sent within this stipulated period of time.
This right of rescission is not applicable to the following goods (among others):
- special orders and goods specially manufactured or prepared for the client
Used goods and goods no longer in their original package are also excepted from the right of rescission.
In the event of a rescission the paid sum shall be refunded either in full or in part when the client returns the ordered goods. The consumer shall bear the cost of return; transport charges shall not be refunded.

-> Return shipment consignment note (“Rücksendebegleitschein”, PDF): download here

VII. Payment terms, prices, shipment costs
(1) The customer must choose one of the following payment options when placing his order:
* * cash on delivery (only D, A) whereby a fee for cash on delivery will be charged (may vary from country to country), in addition to the shipment costs stipulated under (3), which will be collected by the designated carrier at the time of delivery. Delivery will be effected by GLS or by another transportation company.
* * by bank transfer. Soundwear Dimbath e.k. bank details will be shown on the invoice. The goods will be shipped immediately after the amount is credited to the soundwear Dimbath e.K. bank account. Banking fees have to be covered by the customer.
* * by credit card (Visa, Eurocard, American Express), whereby the complete credit card number, the verification number, the name of the credit card holder and the date of validity must be given.

(2) Prices stipulated in the catalogues, leaflets and on the websites of soundwear Dimbath e.K. are inclusive of German statutory value added tax (currently 19%). The decisive prices exclusively are the invoice prices of soundwear Dimbath e.K. at the time of the conclusion of the contract (see above IV. (1)). From a order value of € 50.00 or more per order, soundwear Dimbath e.K. will effect German domestic deliveries free of transport charges. For order values below € 50.00 per order, German domestic customers shall bear a share of the transport costs amounting to € 3.50 in addition to the prices stipulated in subsection (2).
For shipment outside Germany shipment costs are to be enquired about in advance.

VIII. Reservation of title
Delivered goods shall remain the property of soundwear Dimbath e.K. up until the time complete payment has been effected for soundwear Dimbath e.K. claims from the relevant business relationship with the customer.

IX. Warranty
(1) Defective goods are to be returned to soundwear Dimbath.eK. under the above mentioned address (see II. (1)), including delivery note, a copy thereof or a copy of the issued invoice. In such cases, transport costs shall be borne by soundwear Dimbath e.K.

(2) In case of a warranty, soundwear Dimbath e.K. shall, at the customer’s choice, either repair the delivered goods or replace them by goods which are free of defects. soundwear Dimbath e.K. shall have this right of choice in transactions with commercial customers.

(3) Businesses can only assert the warranty rights if they have previously fulfilled their obligations of inspection and notification of defects pursuant to § 377 HGB (German Commercial Code).

(4) The warranty claims do not include natural wear-and-tear, nor damages caused after transfer of the risk by improper, negligent, non-intended or inappropriate use or handling.

(5) Neither do the warranty claims include damages caused due to a non-compliance with the operating instructions, due to insufficient maintenance or due to inappropriate care and maintenance products or their improper use.

(6) Furthermore, warranty claims shall not include damages due to force majeure or environmental influences, nor damages due to special influences which have not been presupposed according to the spirit and purpose of the contract.

(7) Furthermore, the statutory warranty regulations apply.

X. Data protection
Data provided to soundwear Dimbath e.K. is subject to data protection and will not be passed on to third parties. Customers of soundwear Dimbath e.K. will regularly receive the current catalogue. In as far as the customer wishes to have his data deleted, a short notification by post, telefax or e-mail to the contact address stipulated under II. will be sufficient.

XI. Particularities for the conclusion of contracts in electronic business
(1) These General Terms of Trade can be printed out or downloaded by clicking on the corresponding symbol. Furthermore, the General Terms of Trade can be called up and printed out during the entire order process.

(2) Only the German language will be available for any conclusion of a contract.

(3) Before submitting a legally binding offer, the customer must confirm, that he had the opportunity of reading the General Terms of Trade, by clicking on the respective box

(4) The customer can obtain an overview of the shopping cart during the entire order process.

(5) The customer’s address and delivery data only need to be given during the last step of the order process, before submitting the order. Here, entry errors in the order form can be corrected by the customer at any time. The possibility of cancelling the order process by closing the shop window exists during the entire order process.

(6) The transferred order data will be stored by soundwear Dimbath e.K.. No. X (Data Protection) shall apply.

(7) Receipt of the electronic order by soundwear Dimbath e.K. via the internet shop will be confirmed electronically without delay (on working days not more than 24 hours later).

XII. Place of performance, place of jurisdiction, address for service of legal documents, legal representative, trade register number and VAT identification number
(1) In as far as the customer is a businessman, Erlangen, Germany shall be the place of performance for all obligations resulting from the contractual relationship with soundwear Dimbath e.K.

(2) In as far as the customer is a businessman, Erlangen, Germany shall be the place of jurisdiction for all disputes arising from the contractual relationship.

(3) The address of soundwear Dimbath e.K. for the service of legal documents is soundwear Dimbath e.K., Schallershofer Str. 110, D91056 Erlangen, Germany. soundwear Dimbath e.K. is legally represented by its owner Wolfgang Dimbath, to be summoned under the same address.

(4) soundwear Dimbath e.K. is registered in the trade register at the Amtsgericht (Local Court) of Fuerth under the register number HRA 3423.

(5) The VAT identification number is: UST-Id.Nr.:DE 132 532 685

XIII. Applicable law
The law of the Federal Republic of Germany applies exclusively.

XIV. Severability clause
Should individual provisions or parts of provisions be invalid, this shall not affect the validity of the remaining provisions.

XV. Priority of German version
In cases of doubt, the German language version of these General Terms of Trade shall be decisive.

Status as of: 02. November 2008