General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Wirth Tonmaschinenbau GmbH) via the website https://acoustic-solid.com/shop/. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. A company is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not represent a binding offer to conclude a contract.
(2) You can make a binding purchase offer (order) via the online shopping cart system.
In doing so, the goods intended for purchase are placed in the “shopping cart.” You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “checkout” page and entering your personal data, as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
Before sending the order, you have the option to check the information again in the order overview, change it (also via the “back” function of the Internet browser), or cancel the order.
By sending the order via the button “order subject to charge,” you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within two days by confirmation in text form (e.g., by e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you may accept within five days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price has been received.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Fulfilment, Court of Jurisdiction,
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The place of fulfilment for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office insofar as you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Wirth Tonmaschinenbau GmbH
Telephone: +49 (0)7127 32718
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information Regarding the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form (e.g., by e-mail), which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Modalities
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne by you in addition to the purchase price, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
5.4. Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The methods of payment available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1 The terms of delivery, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the company or any other person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the “warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information have been prepared by Händlerbund lawyers specializing in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last update: October 27, 2020