Terms of service

Imprint / Information according to § 5 TMG / Responsible for this online shop is:

dess akustik GmbH

CEO:

Dennis Rohr, Simon Wahl

Street: Brunnenäcker 17

Postal code, town: DE-73571 Göggingen

Tel.: +49 (0) 7175 / 99791 – 0

E-mail: info@speakercase.de

VAT-ID: DE321952418

Commercial Register: HRB 737762 Ulm District Court

All deliveries and services to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are carried out exclusively on the basis of these General Terms and Conditions.

1. Conclusion of a contract

a) The offers in this online shop are not binding for us as the seller. They represent an invitation to you to submit a binding offer in the form of an order. After submitting your order, you will receive an email from us confirming receipt of your order data, including our legal information obligations. This confirmation does not constitute an order confirmation. A purchase contract is only concluded when we confirm this order within a period of 3 working days from receipt of your order by sending the goods to you or by sending an express order confirmation.

b) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.

c) An entrepreneur is a natural or legal person or a partnership with legal capacity (a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities) who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Delivery restrictions

There are no delivery restrictions.

3. Payment methods

You can pay the purchase price as follows:

a) Prepayment by bank transfer

b) by PayPal

c) by direct debit*

d) by credit card*

e) by invoice*

* Payment method via PayPal PLUS

4. Retention of title

a) The following applies to consumers:

The delivered goods remain our property until the purchase price has been paid in full. If payment is made by check or bill of exchange or by bank transfer, the purchase price is deemed to have been paid when it has been irrevocably credited to our account.

b) The following applies to entrepreneurs:

The delivered goods remain our property until the purchase price has been paid in full. If payment is made by check or bill of exchange or by bank transfer, the purchase price is deemed to have been paid when it has been irrevocably credited to our account.

The retention of title also applies to the claims we have against the buyer from ongoing business relations. If the value of the aforementioned retention of title exceeds the claim(s) to be secured for us by more than 10%, we will release the excess securities upon request.

If our goods are resold as part of proper business operations, claims arising from the resale of the goods are already assigned to us to secure payment of the purchase price, provided that the purchase price is not paid in full when the goods are resold. In this case, the buyer is entitled to collect the claims. We hereby accept this assignment. The claims may not be assigned to a third party for the purpose of collection. If the goods purchased by us are processed, we are deemed to be the manufacturer of these new goods, provided that the purchase price has not yet been paid in full when the goods are processed.

5. Prices

All prices include statutory German value added tax (VAT) and are subject to shipping costs. For deliveries to countries in the European Union (EU), consumers do not have to pay any additional VAT. For deliveries to countries outside the EU, import sales tax, import customs and other import duties may apply. These are always borne by the buyer. - If you choose "cash on delivery" as your payment method, the carrier will charge a payment card fee and a transmission fee.

6. Liability for defects

a) The following applies to consumers:

We assume liability for defects in new goods purchased from us during the statutory period. For used goods, liability for defects is limited to 1 year from delivery of the goods. Further claims by the buyer, in particular due to guarantees provided for the quality of the product or due to fraudulent concealment of a defect, as well as claims for damages and claims in the event of injury to life, body or health and in the event of gross negligence, remain unaffected.

b) The following applies to entrepreneurs:

We assume liability for defects in new goods purchased from us during the statutory period. For used goods, liability for defects is excluded. Further claims by the buyer, in particular due to guarantees provided for the quality of the product or due to fraudulent concealment of a defect, as well as claims for damages and claims in the event of injury to life, body or health and in the event of gross negligence, remain unaffected. The buyer must inspect the goods immediately after delivery by the carrier commissioned by us, at the latest within a period of 8 working days, as far as this is feasible in the normal course of business, and, if a defect is found, notify us immediately. If the buyer fails to notify us, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. If such a defect is discovered later, the notification must be made immediately after it is discovered; otherwise the goods are also deemed to have been approved with regard to this defect. In order to preserve the rights, it is sufficient to send the notification in a timely manner. The above regulations do not apply if we have fraudulently concealed the defect. Visible or obvious transport damage must be reported to the carrier immediately. Returns of any kind must be made "free of charge".

c) If a manufacturer's guarantee is granted for individual products, this manufacturer's guarantee does not limit the liability claims for defects. d) There is no customer service.

7. Transfer of Risk

a) The following applies to consumers:

The risk of accidental loss and accidental deterioration of the goods only passes to the buyer when the goods are handed over to the buyer.

b) The following applies to entrepreneurs:

The risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as we have handed over the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

8. Data Protection

The protection of your data is particularly important to us. Personal data is only stored if you give us your consent and expressly provide us with this data. The data necessary for business processing is stored and, if necessary, passed on to affiliated companies, e.g. logistics partners, as part of the order processing. Only the absolutely necessary minimum of your data is passed on. Your data will not be passed on to other third parties. All personal data is of course treated as strictly confidential and in accordance with the provisions of the Federal Data Protection Act. You cannot view the data we store about you. However, you have the right to receive information about the data stored about you here at any time and free of charge. You also have the right to revoke your consent to the storage of personal data at any time. - By concluding the contract, you agree to the collection, processing and use of your personal data.

9. Used oil

Used oils are oils that are generated as waste and that consist entirely or partially of mineral oil, synthetic or biogenic oil. Used oil does not belong in the sewage system. Used oils must not be mixed with other waste. You can hand in used oil at your local waste oil collection point. You can also hand in or send us used oil up to the amount of oil you bought from us free of charge. Our address:

Company: dess akustik GmbH

Street: Brunnenäcker 17

Postal code, town: DE-73571 Göggingen

10. Note according to the Battery Act

You are legally obliged to return used batteries. Used batteries must not be disposed of in the garbage bin. You can return batteries, including those in devices, to us free of charge after use or send them back with sufficient postage. Our obligation to take back batteries is limited to used batteries of the type that we have or have had in our range as new batteries, as well as to the quantity that end users usually dispose of. Our address:

Company: dess akustik GmbH
Street: Brunnenäcker 17
Postal code, city: 73571 Göggingen

You can also return used batteries to your local waste disposal facility free of charge. A crossed-out garbage bin on the battery or its packaging means that this battery contains harmful substances. These harmful substances are described in more detail by the abbreviation "Hg" = mercury; "Cd" = cadmium and "Pb" = lead.

11. Liability

The contents of this online shop were created by us with great care. However, we are often unable to foresee production-related deviations in technical information. If certain information is particularly important to you, please check it before any assembly. The following applies to consumers: Failure to follow these instructions has no influence on your claims for liability for defects.

We must generally reserve the right to make deviations in color and design, provided they are not essential to the product.

In the event of intent and gross negligence, we are liable without limitation. We are only liable for simple and slight negligence if it involves a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the contractual partner can regularly rely. In the case of a purchase contract, these are the handover of an item free of legal and material defects and the transfer of ownership of it.

In this case, liability is limited to the average damage typically foreseeable at the time the contract is concluded. Further liability is excluded. This limitation and restriction of liability also applies to our vicarious agents and employees.

The aforementioned limitation and restriction of liability (both for us and for our vicarious agents and employees) does not apply to product liability claims or claims arising from guarantees that are specifically intended to protect the customer against the damage that has occurred, as well as for damage resulting from injury to life, body and/or health.

This online shop may contain links to other websites. When setting up the links, we checked these and the content of the corresponding websites for legality. We expressly point out that we are not responsible for their appearance and their content. We expressly distance ourselves from all content of linked websites, as we have no influence on their content. The operators of the linked websites and their content are solely responsible for their operators.

In addition, the following only applies to entrepreneurs:

Items that are connected (assembled) to another item must be adjusted and checked for a perfect fit before assembly. We are not responsible for any consequential damages that arise from non-compliance with this provision. You must also inform yourself about any conditions and restrictions before concluding the purchase agreement and observe them. If you do not observe these, we will not be liable for any costs/damages that result from this.

12. further information

After submitting your order, you will receive an email from us confirming receipt of your order data, including our legal information obligations. This confirmation does not constitute an order confirmation. A purchase contract is only concluded when we confirm this order within a period of 3 working days from receipt of your order by sending the goods to you or by sending an express order confirmation.

The contract text is stored by us. The contract text stored by us is communicated to you in the confirmation of receipt of your order data. You can print or save this text. You have no access to this data.

You can identify input errors by checking the shopping cart and changing them there or using the "BACK" function on the previous page.

The language available for concluding the contract is exclusively German.

We are not subject to any codes of conduct.

We do not participate in the "Alternative Dispute Resolution" (AS) procedure via the Online Dispute Resolution Portal (OS).

13. Information on online dispute resolution

The EU Commission provides an internet platform for online dispute resolution (so-called “ODR platform”). The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be reached at the following link: http://ec.europa.eu/consumers/odr/

14. Copyright

All content of this online shop, including photographs, texts (including these terms and conditions) and tables, is protected by copyright. It is expressly forbidden to use the content of this online shop, either in whole or in part, in any form without our express permission.

15. Final Conditions

To the extent permissible, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this only applies to the extent that the rights to which you are entitled in the country in which you have your habitual residence are not restricted or withdrawn by this. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or if he does not have a general place of jurisdiction in Germany, our company headquarters shall be the place of jurisdiction for all disputes arising from this contractual relationship.

If one or more of the provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.