General terms

General Terms and Conditions of Business

of Clearaudio electronic GmbH and Clearaudio analogshop shop (music shop) Erlangen / Germany Subsequently referenced as Clearaudio and Clearaudio analogshop (music shop) (www.analogshop.de)

(April. 1st 2015)

§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, mail 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 between ultimate consumers and the Clearaudio analogshop (music shop) (analogshop)

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 analogshop (music shop), we will send you a receipt message via e-Mail to acknowledge the details of your order including the charge, type of payment, and your address.
By receiving this e-Mail the legal contract of sale has been concluded.

2.2 Completion of contracts between merchants and Clearaudio

Your written or oral order will be acknowledged by a written acceptance of order which will include a listing of the ordered products, the charges and the delivery conditions.
We will send you the acceptance of order by mail, fax or e-Mail.

If you order at Clearaudio for the first time, your valid business registration has to be available with us in written form.

Delivery times may vary and can only be confirmed individually.
Articles of your order may be in stock or may have to be manufactured after the acceptance of order.
The date of delivery will also depend on the type of shipping.

By sending back any article to the address given at the bill of delivery, we will bear the cost of shipment or collection in the case of a warranty or a wrong delivery.

§3 Prices

3.1 Contract Prices and shipping costs for ultimate consumers ordering at the Clearaudio analogshop (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, the size and weight of the ordered products.

The usual costs in case of sending back some goods, exercising your right on withdrawal, will be taken over by Clearaudio.
In this case we will also take over the shipping costs.

3.2 Prices for merchants ordering at Clearaudio

The prices listed in our actual pricelist, valid at the time of your order, are decisive.
The given prices for merchants and distributors are net prices; the value added tax is not included.

Legal taxes and shipping costs, depending on type of shipping, size and weight of your order, will be added to the given net price.

§4 Terms of Payment

4.1 Terms of payment for ultimate consumers ordering at the Clearaudio analogshop (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 on delivery, plus fees, per debit advice, or against prepayment.
We will also accept these credit cards: Euro-/Mastercard, VISA, American Express.
Please be informed that Deutsche Post, DPD, UPS will only accept cash for pay on delivery.

For deliveries within Europe payments have to be made by credit card or against prepayment.
By giving your credit card’s number at your order, Clearaudio analogshop (music shop) will be authorized to debit the purchase price against the given account.

4.2 Terms of payment for merchants ordering at Clearaudio

All delivered goods will remain our property until complete payment of the purchase price.

When ordering the first time, we will principally only deliver against prepayment, pay on delivery or per direct debit.

Payment for deliveries to registered merchants within the GERMANY shall be made against prepayment or by credit card. We accept Euro-/Mastercard, VISA, American Express.
Payment on invoice will only be accepted after written agreement.

For orderings from other states of the EU, except GERMANY, and other countries, payment has always to be made against prepayment, if no other agreements were made.

When using Swift / IBAN, the costs for bank transfer will be the same like for inland transfers.

§5 Delay of payment

5.1 Ultimate consumers (Clearaudio analogshop (music shop), www.analogshop.de)

If you are in delay of payment, Clearaudio analogshop (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 analogshop (music shop) is entitled to force this claim.

5.2. Merchants (Clearaudio)

If you are in delay of payment after admonition and setting a deadline, we 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 higher damage caused by delay is verifiable, Clearaudio is entitled to force this claim.

§6 Set-off for consumers and merchants

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 analogshop (music shop).

§7 Delivery and shipping

7.1 Delivery and shipping for customers of Clearaudio analogshop (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 analogshop (music shop) will take over the shipping costs within Germany.

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 31.00 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 damages caused by shipping have to be announced immediately after receiving the package, at the latest 24 hours after receiving, at the responsible shipping company.
Clearaudio is not liable for any damages caused by transportation or loss of shipment.

7.1.7

For your own benefit the shipping will principally always be carried out in the original packing.

7.1.8

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.

7.1.9

Clearaudio analogshop (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.

7.2 Delivery and shipping for merchants
7.2.1

Delivery will be shipped to the given delivery address.

7.2.2

The ordered products will be shipped after receipt of money to the given account.
Within Germany, payment can be made either on advance payment, by bank transfer or by credit card, or by debit advice procedure.
For other countries, deliveries will be carried out only after receipt of money on advance payment, that is by bank transfer to the given account of Clearaudio.
When using Swift / IBAN, the costs for the bank transfer will be the same like for inland transfers.

7.2.3

Unless otherwise agreed, we will charge the costs of transportation and freight.
Any arising surcharges for customs duty or special areas outside GERMANY will be charged.

7.2.4

Shippings heavier than 31 kg and bulky goods (packets with bigger volume than 1qm) will usually be delivered by a forwarding agency, not via DPD, FedEx or UPS.
Please be informed that these packages will not be carried into your house by the deliverer.

7.2.5

All shipments are basically covered by an insurance up to € 500.
After written agreement we will also apply for an insurance up to your requested amount; the additional costs will be charged.
Damages caused by shipping have to be announced immediately after receiving the package, at the latest 24 hours after receiving, at the responsible shipping company.
Clearaudio is not liable for any damages caused by transportation or loss of shipment.

7.2.6

For your own benefit the shipping will principally always be carried out in the original packing.

7.2.7

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.

7.2.8

Clearaudio analogshop (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 Returning goods to Clearaudio or Clearaudio analogshop (music shop)

Return instruction
Return policy

You can return the goods by returning the goods within 14 days without giving reasons.
The time limit begins after receipt of this instruction in text form (e.g. letter, fax, e-Mail), but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in connection with § 312e Section 1 1 and 2 draft Law and our obligations according to § paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB.

Only if not shipped by parcel (e.g. bulky goods) you may declare the return by return request in writing. The revocation period is sufficient to send the goods or the withdrawal request. In any case, the return is at our cost and risk. The return or the return request must be sent to:

clearaudio electronic GmbH

Spardorferstraße 150
D-91054 Erlangen

Tel.:
+49 9131 - 40300100
Fax:
+49 9131 - 40300119
E-Mail:
info@clearaudio.de

Please use for returning the goods and accessories as possible, the original box, even if it has been damaged by the opening to the functional test.

At request that the goods will be picked up.

Consequences of return

In the case of an effective return the mutually received benefits are to be returned and any benefits (e.g. usage advantages). In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is a result of their examination - - as it would possible for you in a retail store.

In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by not using the goods as your property and refraining from anything that could reduce its value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or redemption demand, for us with to receive.

End of return instruction

§9 Right of rescission for ultimate consumers at the Clearaudio analogshop (music shop)

Exclusively for ultimate consumers of Clearaudio analogshop (music shop) the right of rescission given below is effective.

Cancellation policy

The customer may revoke the contract of sales with Clearaudio analogshop (music shop) within two weeks in written form, that is by mail, e-Mail or Fax, without being obliged to state the reasons, or otherwise by returning the delivered goods in time. The time limit begins after receipt of this instruction in text form (e.g. letter, fax, e-Mail), but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in connection with § 312e Section 1 1 and 2 draft Law and our obligations according to § paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. To exercise this right of rescission by returning goods please direct in written form, by Mail, e-Mail or via Fax, towards the contact address given below:

clearaudio electronic GmbH

Spardorferstraße 150
D-91054 Erlangen

Tel.:
+49 9131 - 40300100
Fax:
+49 9131 - 40300119
E-Mail:
info@clearaudio.de

Any goods principally have to be sent back in the original packing.

If the customer misses out on directing towards Clearaudio by Mail or Fax before sending back any goods, delays may arise for the transaction of the return process.

Consequences of making use of the right of rescission

In case of an effective rescission, the mutually received benefits are to be returned and any benefits (e.g. interest) surrendered. Can you give us the performance received whole or in part, or only return them in an impaired condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively a result of their inspection - as it would possible for you in a retail store. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by not using the goods as your property and refraining from anything that could reduce its value. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 € or if you are at a higher price of the thing at the time of the rescission and has not get the equivalent yet or provided a contractually agreed partial payment.

Otherwise the return is free for you. Packet mode parcels will be picked up.

Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receive.

Altered or custom made goods and accessories or records which were unsealed or in which the foil package has been opened, are excluded from return.

End of cancellation policy

§10 Reservation of proprietary rights for ultimate consumers and merchants

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.

§11 Warranty and liability

11.1 Warranty and liability at Clearaudio analogshop (music shop) ( ultimate consumers )
11.1.2

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:

  1. for any damage which arises by misusage or improper or incorrect usage by the customer
  2. 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
  3. if there is any damage or error caused by improper or careless repair done by a service which has not been authorized by Clearaudio.
11.1.3

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 für second-hand articles is excluded.

11.2. Warranty and liability at Clearaudio ( merchants )
11.2.1

There is no suffrage on rework or replacement for merchants.
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 merchant.
Claims for damages remain unaffected.

Handling errors, damages arising by improper usage, connection or placement, storage, as well as by intervention of others, are excluded from warranty.

Please be informed that there is no case of warranty on hand if the product fulfilled the defined quality at the time of the transfer of risks.

Above all, no case of warranty is on hand in following situations:

  1. for any damage which arises by misusage, or improper or incorrect usage by the customer
  2. if damage occurred by harmful extraneous influences at the customer's, that is especially extreme temperatures, unusual physical or electrical strain, humidity, variation in voltage, by lightning, hyperstatic electricity, or fire
  3. if there is any damage or error caused by improper or careless repair done by a service which has not been authorized by Clearaudio.

Clearaudio also does not guarantee an error that is caused by improper repair by an authorized service representative from the manufacturer.

Claims for damages remain unaffected.
Operational errors, damage from improper use, installation and connection or storage or third-party intervention is not the responsibility of the warranty.

11.2.2

Warranty periods are set depending on the particular product and may vary.
The minimum warranty period amounts 24 month.

Please principally address any service requests for products carrying 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 the product to our house, but we will take over the costs for the return transport.

Claim on warranty by merchants presume that §377 HGB ( German Code Of Commercial Law ) has been fulfilled correctly, that is the duty on investigation and animadversion.

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 is excluded.

Any claim on warranty for second-hand articles is excluded.

§12 Limitation of liability for ultimate consumers and merchants

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 analogshop and Clearaudio.

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 and merchants

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 Spardorferstrasse 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.

§14 Place of jurisdiction, place of fulfillment, appurtenance for ultimate consumers and merchants

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.

§15 Severability clause for ultimate consumers and merchants

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.

© 2015 Clearaudio electronic GmbH, Clearaudio analogshop (music shop)

Legal notice

clearaudio electronic GmbH

Spardorferstraße 150
D-91054 Erlangen

Tel.:
+49 9131 - 40300100
Fax:
+49 9131 - 40300119
E-Mail:
info@clearaudio.de
Register court:
Fürth HRB 1442
Court of jurisdiction:
Erlangen
Ust.-IdNr:
DE132493159
Executive Directors:
Robert Suchy, Patrick Suchy, Veronika Suchy

Name

Email

Message

You can also use our support form!