Terms
I. General
1. For the business relations between the Fa.mos-tec development GmbH, 08340 Schwarzenberg, represented by its Managing Director Mr. Bergmann Norbert and the customer, only those terms and conditions. Opposing or deviating from these Terms and Conditions Fa.mos-tec does not recognize, and explicitly rejected. Any terms and conditions of the customer are only valid if Fa.mos-tec express and written consent.
2. In commercial transactions, these terms apply to all future transactions between the parties, without the need of a further reference to the terms and conditions.
Second time the contract
The presentation of products in our online shop is not a legally binding offer, but is a non-dar. Catalog submit after entering your personal data and clicked the button "Order" in the final step of the ordering process, you make a binding order of the information contained in the basket were from. The confirmation of receipt of the order follows immediately after placing your order. The purchase comes with our order confirmation or delivery of goods. If an order confirmation within 2 weeks or at delivery, contact us, you are no longer bound to your order.
III. Revocation
According to § 355 BGB will be entitled to a termination period of 2 weeks.
REVOCATION
Withdrawal
You may cancel your contract within two weeks without giving reasons in writing (eg letter, fax, EÂMail) or by returning the goods. If the instruction is informed after signing the contract, which extends to one months notice of cancellation. The period begins one days after receipt of this instruction. The revocation period is sufficient to send the withdrawal or the merchandise. The revocation must be sent to:
Fa.mos-tec development GmbH
Schneebergerstr.65
08340 Schwarzenberg
Or fax to 018058585192
Consequences of Withdrawal
In case of an effective cancellation the mutually received benefits and possibly towed uses (eg interest). Can you give us the performance received whole or in part, or only in deteriorated condition, you have to pay us compensation for the value. With the surrender of goods this does not apply if the deterioration of the commodity exclusive on their examination - as it would have in a shop have been possible for - is. Moreover, you can avoid the obligation to pay compensation by not using the goods as an owner and by refraining from anything that could reduce its value. You have to bear the cost of the return if the delivered goods ordered and if the order is less then 40, - Euro, or if you do not exceed a higher order at the time of the revocation yet the return or a contractually agreed partial payment have provided. In all other cases, we will send for the goods to you.
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Ende der Widerrufsbelehrung
Excluded from the return are:
Goods that are manufactured according to customer specifications or clearly tailored to personal needs (eg, custom-made exhaust system with tailpipes of your choice, the list is not exhaustive). Similarly, parts of which are provided with their own logo, are non-returnable.
Warranty IV
1. If delivered items obvious material or manufacturing defects, which also include transport damages, please complain to us or those errors immediately and leave the shipping record the event. The observance of this complaint, however, has no consequences for your legal rights. For all during the statutory warranty period occurring defects of the goods shall be at your choice the legal claims for remedy, to remedy the defect / new delivery, and - if the legal conditions - instead of the broader claims for reduction or withdrawal, as well as damages, including compensation for the damage compliance as well as compensation of your futile expenses. As far as we grant you a vendor guarantee results in the details of the warranty conditions which are attached to each of the delivered items. Warranty claims are without prejudice to the legal claims / rights.
2. The (especially necessary expenses for repair, transportation, infrastructure, labor and material costs) are borne by us, unless increased by the fact that the product was brought to a location other than the place. The buyer is entitled to failure of the repairs or replacement, demand a price reduction (abatement) or cancellation of the contract (annulment) to.
3. Warranty claims against us for refusing to or modifications of conversions by TÜV or DEKRA are excluded, unless the refusing to be based on defects in the goods sold or the registration of the locking should be expressed as a service by us.
4. Warranty of the contractor are dependent on display obvious defects within 10 days after delivery or acceptance. The force of clerks examination and notification gem. § § 377, 378 Commercial Law remains unaffected.
5. The assignment of warranty claims to third parties.
6. For damages, which do not constitute a defect, especially for damages that are not caused to the object or other in the event of property damage, liability Fa.mos-tec
only in the event of willful misconduct or gross negligence. As far as liability is excluded from Fa.mos-tec, this also applies to the personal liability of legal representatives or agents. Mandatory statutory liability is without prejudice to the above provisions.
V. Retention of title
1. We reserve the ownership of the goods supplied by us until receipt of all payments under the contract. In breach of contract by the buyer, especially for late payment, we are entitled to repossess the goods.
2. In commercial transactions, we retain ownership of all goods supplied by us to pay our total debt from the business connection. The contractor shall in that case had concluded the contract with him from the sale or any other legal reason, any monies owed to his clients and all side of security in full.
3. In case of seizures or other interventions by third parties, the buyer notified immediately so that we action gem. § 771 ZPO.
4. Any processing or transformation of the goods bought by the customer is always done for us. If the goods are processed with others who are not our property, we acquire joint ownership of the new object in proportion to the value of the goods to the other processed goods at the time of processing.
5. Is connected to the purchased goods with others, not belonging to us or to us, then we shall acquire joint ownership of the new object in proportion to the value of the goods to the other mixed goods at the time of mixing. If the case is regarded as the main purchaser of, the purchaser has transmitted to us in proportion to ownership.
6. We undertake to release, at the demand of the buyer exceeds the value of our assets, the secured claims by more than 20%.
VI. Delivery
1. The delivery of goods takes place - if it does not correspond to special - four weeks after the contract. After the expiry of the agreed delivery date the buyer is entitled to us in writing a four-week period, beginning with the date of written notice of default by the purchaser to put the supply and to withdraw if the time limit in the contract or demand compensation.
2. If nothing else has been agreed, we are entitled to be supplied on delivery. This does not apply if this right of the contract pursuant to a master netting. III.4. these conditions is impaired or thwarted.
3. To a reasonable extent, we are entitled to partial deliveries.
4. If the buyer with his purchase obligation in default, we are bound by a reasonable period of grace be entitled to a threat of refusal to demand damages amounting to 30% of the purchase sum. The amount of damages is correspondingly higher or lower if we have a higher or a lower damage detected by the contractor.
VII Prices / default
1. The included in our online store, in catalogs, brochures or similar documents and the contained product describing experiences with any other offer details, photographs, drawings, dimensions, weight and performance data quoted prices, unless otherwise indicated, the VAT tax.
2. On www.master-of-sound.de current currency is EURO.
3. If the manufacturer has made changes after the transaction is in its production, we are entitled to deliver the goods or altered slightly to improve technically.
4. The agreed purchase property prices are starting mos-tec without installation or other fringe benefits. The buyer bears the cost of packaging, transport and delivery, if not our freight delivery option comes into play, see VIII The dispatch is subject to our free choice. We use standard packaging. Required special packaging shall be borne by the buyer.
5. In commercial transactions, the price valid on the day of delivery.
6. The acceptance of checks carried out in each case only as payment. All actual collection fees will be charged.
7. If the contractor is a consumer device, and this with the payment in arrears, we will charge interest at the rate of 5% above the base rate. In transactions involving a consumer is not involved, the interest amount to 8% above the base rate. We can prove a higher damage caused by delay, then we are entitled to claim it.
8. The purchaser may only offset counterclaims, which are legally established, undisputed or acknowledged by us.
VIII Returns
1. Shipping fees are 10.-Euro
2. COD charges 6th -.
In commercial transactions, the buyer has a lien only to the extent that its counterclaims are legally established, undisputed or acknowledged by us.
IX. Privacy
1. We use your personal data to process your order. All customer data is stored in compliance with the relevant provisions of the Federal Privacy Act (Act) and the Teleservices Data Protection Act () and processed by us. You have a right to free information, correction, blocking and deletion of your stored data. Please send us your request by mail or fax. We may disclose your personal information, including your home address without your explicit and revocable consent to any unauthorized third party. Excluded from this are our service partners, the order processing for the transmission of data required (for example, with the shipping company and the payment processing with the responsible institution)
2. For orders over www.master-of-sound.de your data will be transmitted encrypted so that unauthorized parties can not use them. Here we rely on the proven standard of SSL (Secure Socket Layer) connection using 128-bit encryption.
X. Performance, jurisdiction, legal
1. For contracts with merchants, legal persons of public law and public law special funds is agreed that the performance for delivery and payment of our business location and as the court of Chemnitz. However, we are entitled to sue at the place of registered office or branch of the buyer.
2. If the other party has no general jurisdiction in Germany or if he moved to his place of residence or habitual residence outside the scope of the Code of Civil Procedure (ZPO), it is also Chemnitz jurisdiction. This also applies if domicile or habitual residence of the contractor at the time of action are not known.
3. All disputes arising from this contract are subject to the laws of the Federal Republic of Germany. The official language is German.
XI. change these Terms, Severability
1. Fa.mos-tec reserves the right to modify these terms at any time without giving reasons. The revised terms will be photographed on the website no later than two weeks before coming into force.
2. If any provision of these Terms is invalid, the remaining provisions remain unaffected. The ineffective provision shall be replaced by one that the whole purpose of the ineffective provision in a legal way, then come into force. The same applies for any omissions.
If you have questions about the terms and conditions, please do not hesitate to contact us.
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