General Terms and Conditions of Business
of Clearaudio electronic GmbH and Clearaudio analogshop Erlangen / Germany Subsequently referenced as Clearaudio and Clearaudio music shop (www.analogshop.de)
(Version March 2021)
§ 1 Area of Application
The following terms and conditions of business are applicable for all orders given in verbal or written form, whether submitted via fax, e-mail, personally, by letter or by telephone.
The customer is under obligation to accept these terms and conditions of business for all orders.
Corresponding to these terms and conditions of business, ultimate consumers as well as merchants are referenced as customers.
Ultimate consumers, Clearaudio stands in business relations with, are natural persons, who do not carry out a trade, work freelance or self-employed.
Merchants Clearaudio stands in business relations with, are natural or legal persons, or legally responsible partnerships, who carry out a commercial, a self-employed or a freelance trade.
The terms and conditions of business of Clearaudio online shop are applicable for all acquisitions carried out by ultimate consumers.
Merchants are kindly requested to place their orders principally via telephone, fax or e-Mail.
Any different, composed or supplemental terms of business will not become integral part of the contract, unless their scope is explicitly being agreed on by written contract.
The contract partner’s terms of business are not applicable and will not put Clearaudio, or Clearaudio analogshop (music shop), under obligation, if not explicitly having agreed to these terms of business in written form.
§ 2 Completion of contracts
2.1 Completion of contracts for ultimate consumers at the Clearaudio music shop
Presentation of our products, and the given possibility to order, does not represent a binding offer by Clearaudio. By sending in your order, you are requesting the completion of a contract of sale.
If you enter your order online, you will be prompted two times by our system to verify your data for correctness. After completion of this procedure at the Clearaudio music shop, we will send you a order confirmation via e-Mail to acknowledge the details of your order including the charge, type of payment, shipping cost and your address. By receiving this e-Mail the legal contract of sale has been concluded.
§ 3 Prices
3.1 Contract Prices and shipping costs for ultimate consumers ordering at the Clearaudio music shop
The given prices at the Clearaudio analogshop (music shop) are final prices, including the current value-added taxes. Decisive is the amount expelled at the order.
Costs of shipping will be added. These will vary depending on the type of shipping, order value and the country of the ordered products.
The usual costs in case of sending back some goods, exercising your right on withdrawal, will be taken over by ultimate consumers. In case of withdrawal, we will refund you the shipping costs (the shipping cost to you).
§ 4 Terms of Payment
4.1 Terms of payment for ultimate consumers ordering at the Clearaudio music shop
All delivered goods will remain our property until complete payment of the purchase price.
For all deliveries within the GERMANY the payment should be made by against prepayment, PayPal, credit card (PayPal Service), debit order (PayPal Service) and on delivery (plus fees). Please be informed that Freight forwarding will only accept cash for pay on delivery.
For deliveries within Europe payments have to be made by against prepayment, PayPal and credit cards (PayPal Service).
§ 5 Delay of payment
5.1 Delay of payment of ultimate consumers at the Clearaudio music shop
If you are in delay of payment, Clearaudio music shop will invoice default charges in the amount of 6 percentage points above the base rate p.a. given by the German Central Bank at the time of your order. If still a higher damage caused by delay is verifiable, Clearaudio music shop is entitled to force this claim.
§ 6 Set-off for Ultimate consumers at the Clearaudio music shop
Possibility and right to set-off is only given if the counterclaim was declared legally binding, or if it is declared a legitimate claim on the part of Clearaudio or Clearaudio music shop.
§ 7 Delivery and shipping
7.1 Delivery and shipping for ultimate customers at the Clearaudio music shop
7.1.1
Delivery will be shipped to the given delivery address.
7.1.2
The ordered products will be shipped after receipt of money to the given account within the scope of availability.
7.1.3
The shipping costs given for the product on the website at the time of your order are decisive and will be charged. If your order value exceeds 50 €, Clearaudio music shop will take over the shipping costs within Germany and Austria. Shipment to foreign countries (EU): for value good of 500 € or higher we do not charge any shipping cost for shipment.
7.1.4
If the value of goods is less than € 510 within Germany the products will be shipped via DPD.
Inside and outside the EU, except Germany, products with a value of goods up to € 510 will be shipped via FedEx, UPS or DPD.
If the value of goods exceeds € 510, the products will be shipped via UPS within the Germany, and via FedEx or UPS to all other countries.
Any arising surcharges, e.g. for customs duty or special areas, have to be taken over by the customer.
7.1.5
Shippings heavier than 40.00 kg and bulky goods (packets with bigger volume than 1qm) will usually be delivered by a forwarding agency.
Please be informed that these packages will not be carried into your house by the deliverer.
7.1.6
All shipments are basically covered by an insurance up to € 500.
After written agreement we will also apply for insurance up to your requested amount; the additional costs will be charged.
Any claim in respect to apparent damage in transit must be made in writing to Clearaudio immediately. The absence of such complaint however has no effect on your legal rights, especially regarding the warranty rights. In claiming damage in transit, you will help Clearaudio in asserting a claim against the freight forwarder and/or the transportation insurance.
7.1.7
Insofar as delivery to the customer is not possible because the delivered goods don’t fit through the entrance door, front door or the staircase of the customer or because the customer is not found under the delivery address specified by him, although the delivery time was announced to the customer with a reasonable deadline, the customer bears the costs for the unsuccessful delivery.
7.1.8
For your own benefit the shipping will principally always be carried out in the original packing.
7.1.9
Is shipment, or any other service, enduringly not possible due to act of God (natural disasters, war, civil war or terror attacks), Clearaudio is exempted from the duty to perform.
Any payments made in advance will be reimbursed.
7.1.10
Clearaudio music shop may refuse performance if this would mean effort which is inadequate to the customer’s interest in fulfillment of the contract, with respect to the content of the sales contract and acting in good faith.
Any payments made in advance will be reimbursed.
§ 8 Right of withdrawal for ultimate consumers at the Clearaudio music shop
§ 9 Reservation of proprietary rights for ultimate consumers at the Clearaudio music shop
All delivered goods will remain the property of Clearaudio until complete payment of the purchase price.
This reservation of rights also covers all processed material and separates.
In case of resale it will also cover the price of resale (extended reservation of rights).
As long as this reservation of proprietary rights is enduring, the consumer or merchant may not resale any good or dispose of the goods.
Above all, the customer may not enter into any contractual agreement with other persons about usage of the goods.
§ 10 Warranty and liability
10.1 Warranty and liability for ultimate consumers at the Clearaudio music shop
10.1.1
Claims of warranty by ultimate consumers will be satisfied by rework or replacement.
The choice of the consumer may be declined by Clearaudio analogshop (music shop) if this would be associated with disproportionately high costs.
Rework shall be deemed to be failed on second running, if no other conclusions can be made given by the kind of good, by the defect or any other circumstances.
The customer is entitled to demand price deduction or to cancel a purchase, if supplementary performance has been failing, or has been refused by Clearaudio, or if Clearaudio has not been acting within an appropriate period fixed by the customer.
If the complaint may not be detectable, we will charge the full costs of examination, as these are not covered by warranty.
Please be informed that there is no case of warranty on hand if the product fulfilled the defined quality at the time of transfer of risks.
Above all, no case of warranty is on hand in following situations:
- a) for any damage which arises by misusage or improper or incorrect usage by the customer
- b) if damage occurred by harmful extraneous influences at the customer’s, that is especially extreme temperature, unusual physical or electrical strain, humidity, variation in voltage, by lightning, hyperstatic electricity, or fire
- c) if there is any damage or error caused by improper or careless repair done by a service which has not been authorized by Clearaudio.
10.1.2
Warranty periods are given depending on the particular product and may vary.
The minimum warranty period amounts 24 month.
Please principally address any service requests for products carrying an in-house warranty during warranty-period directly to Clearaudio.
Only Clearaudio is on duty to satisfy your claim on warranty.
If need be, please ask for the corresponding warranty periods.
Our warranty includes all costs, that is material and working hours, necessary for maintenance of the product, except the shipping costs.
For availment of our warranty service we will charge the shipping costs for sending back the product to our house, but we will take over the costs for the return transport.
Any obvious defects have to be notified in written form within two weeks after delivery. Defective goods have to be held ready for inspection by a Clearaudio associate. When committing transgression of preceding obligations, any assertion on claim for warranty will be excluded.
Any claim on warranty for second-hand articles is excluded.
§ 11 Extended warranty for ultimate consumers at the Clearaudio music shop
To achieve the full Clearaudio warranty, it is necessary that you fill out and send the corresponding part of the warranty registration certificate /card back to Clearaudio, within two weeks after purchase.
Only if the product is returned in its original packing Clearaudio can provide the extendet warranty (Depending on the product).
Our warranty includes all costs, that is material and working hours, necessary for maintenance of the product, except the shipping costs.
§ 12 Limitation of liability for ultimate consumers at the Clearaudio music shop
Clearaudio analogshop (music shop) and Clearaudio excludes liability for damage caused by negligence, from where these are not contractual obligations, damages resulting from injury to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to breaches of the agents of Clearaudio and Clearaudio music shop.
If any obligations deriving from the sales contract are violated, liability in case of slight negligence is limited to damages which are typically associated with the contract and can be foreseen.
Claims for damages due to delay, or evidenced charges for replacement of expenditures according to § 284 BGB ( German Civil Law ), are limited to 10% of the purchase price, as far as Clearaudio, or Clearaudio analogshop (music shop), has not been acting carelessly.
§ 13 Privacy of data and credit assessment for ultimate consumers at the Clearaudio music shop
Clearaudio and Clearaudio analogshop (music shop) reserve the right to verify the identity, solvency, or the customer’s authorisation to pay by the specified credit card, in a given case.
In this context we might request you to hand in a copy of your valid identification card and / or a copy of the specified credit card.
The data necessary for business purposes will be saved and might be passed on to associated companies in context of processing your order.
If required, your data given to conclude the contract, that is name, surname, date of birth, address, will be used to induce a check of solvency at
Creditreform Nürnberg
Postfach 4246
90022 Nürnberg.
This indication is provided according to § 33 para.1 Bundesdatenschutzgesetz (German Federal Data Protection Act ).
All personal data will be treated confidentially.
Listed address-data might be used for promotion purposes.
The customer may enter objection to usage of its data for promotion purposes.
In that case please send in your formless objection by mail or e-Mail to the following address:
subject: data privacy
clearaudio electronic GmbH
Spardorfer Strasse 150
91054 Erlangen
or by e-Mail: info@clearaudio.de
By sending in your order you agree with the storage of your data. You may view your data, prompt for modification or deletion of this information anytime (Data Privacy Policy).
§ 14 Data privacy policy for ultimate consumers at the Clearaudio music shop
§ 15 Place of jurisdiction, place of fulfillment, appurtenance for ultimate consumers at Clearaudio music shop
These terms and conditions of business are solely underlying the law of the GERMANY, with explicit exclusion of the CISG (UN Convention on Contracts for the International Sale of Goods ).
For the customer as an ultimate consumer the place of jurisdiction is Erlangen.
Clearaudio analogshop (music shop) is also entitled to sue a customer at the court of its place of abode.
For merchants the place of fulfillment is Erlangen.
For ultimate consumers and merchants from all other countries of the EU the place of jurisdiction and place of fulfillment is solely Erlangen.
§ 16 Severability clause for ultimate consumers at the Clearaudio music shop
Should these terms and conditions of business partially or completely not have become integral part of contract, or are non-effective, the contract will be effective for the rest.
If clauses have not become integral part of the contract, or are non-effective, the content of the contract is underlying the legal order.
The contract will become uneffective only in the case that adherance to it, in consideration of modifications been taken regarding the legal law, would mean an undue hardship for one party to the contract.
§ 17 Legal Notice
See Legal Notice
© 2017 clearaudio electronic GmbH, clearaudio music shop