General Terms and Conditions.
General Terms and Conditions of Sale
of BEYERDYNAMIC GmbH & Co. KG, Heilbronn
- hereinafter “beyerdynamic” -
I. Scope of application
1. The following terms and conditions apply to all orders from the beyerdynamic online-shop (www.beyerdynamic.com) and must be agreed by the customer on each order. No other terms and conditions will be accepted as part of the contract unless specifically agreed in writing. Any reference to the customer’s terms and conditions is excluded.
2. For the present purpose, Customer shall refer to consumers and businesses. Consumers shall mean individuals with whom business relations are undertaken but who do not exercise a commercial, independent or freelance business activity. Businesses shall mean natural or legal persons or legal partnerships with whom business relations are undertaken and who exercise a commercial, independent or freelance business activity.
3. Where a term only applies to one of the above two groups, that group will be expressly identified.
II. Offer/Conclusion of contract
1. The representation of beyerdynamic products on its website does not constitute an offer within the meaning of articles 145 et seq of the German Civil Code. By placing an online order, the customer presents a binding offer of purchase to beyerdynamic.
2. Responsibility for the choice of the ordered goods and the desired results lies with the customer, provided that the order does not relate to a specific consultation and corresponding written recommendation of purchase provided by beyerdynamic.
3. beyerdynamic may accept the order by delivering the goods or sending a confirmation email within 14 days from receipt of the order. If the goods are unavailable, beyerdynamic will inform the customer immediately, and will immediately reimburse any payments already received.
4. The automatic confirmation email sent to the customer by the system upon placement of the order does not represent a binding acceptance by beyerdynamic.
5. The risk of a failed or faulty transmission within the framework of the order lies with the customer. The goods offered by beyerdynamic will only be sold in trade quantities.
1. The prices stated at the time the web order is placed shall apply. The stated prices are final prices, i.e. they include the statutory VAT applicable at the time, and any other price components or dispatch costs as stated during the order transaction.
2. Technical changes to the goods, or changes in shape, colour and/or weight, may apply.
3. For orders placed outside the EU, statutory VAT shall not apply. The obligation to register the goods in the recipient country lies with the customer. For businesses: in such a case the goods will be delivered EXW (INCOTERMS 2000).
IV. Delivery, delivery dates, transport and transfer of risk
1. For businesses: Unless agreed with the customer in writing or stated otherwise in these terms and conditions, deliveries shall be made ex works.
2. The stated delivery dates are non-binding.
3. Unforeseen impediment to delivery such as events of force majeure, raw materials shortages, strikes, disruptions to operations at beyerdynamic’s own premises or those of the suppliers shall entitle beyerdynamic to defer delivery for the duration of the event in question. In such cases, beyerdynamic is also entitled to withdraw from the contract if it has not yet been fulfilled. No claims for compensation may be made in this regard.
4. The customer will pay an all-inclusive delivery fee, calculated according to cart, weight and destination country, of which the customer will be notified during the transaction process and also in the emailed order confirmation. For domestic transactions (within Germany), beyerdynamic charges € 3.90 for carts up to € 15,- and shipments up to 31.5 kg for standard delivery with DHL. Standard shipments with DHL for carts as of € 15,- and shipments up to 31.5 kg are offered delivery free of charge.
5. Business customers will bear the risk of accidental destruction or deterioration ex works.
V. Right of return for consumers (§§ 312d, 356 German Civil Code [BGB] )
The customer is entitled to return the goods, subject to the following instructions:
Instructions for returning goods
Right of return:
You may return any merchandise received within 14 days without any requirement to state a reason. This period begins upon receipt of this instruction in text form (e.g. as a letter, fax or e-mail), but not prior to receipt of the merchandise and also not before we have fulfilled our obligations under § 312e (1) (1) BGB in conjunction with Article 246 § 3 EGBGB (Introductory Law to the German Civil Code). In the case (exclusively) of goods which cannot be dispatched by parcel post (e.g. bulky goods), you may submit a request in text form for the goods to be collected from your premises. The period of notice of return will be deemed to have been adhered to as long as the collection request or the merchandise in question have been despatched within the above-mentioned time limit. The return shipment will in all cases be undertaken at our expense and risk. The goods should be returned or the collection request submitted to:
beyerdynamic Service- und Logistik Center
Tel. +49 7131 617 0
Fax +49 7131 617 224
Pursuant to § 312 d (4) BGB, the right of return does not apply to merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements (products manufactured by beyerdynamic) or whose composition renders it unsuitable for return.
Also excluded from return are audio and video recordings and software, if the data carriers supplied have been unsealed by the consumer.
Consequences of return:
In the event of an effective return, the performances received by both parties will be returned and any benefits that may have accrued released. In the event of the deterioration of the merchandise and for benefits (e.g. benefits from use) that either cannot be released or can be released only in a deteriorated condition, you may be liable to pay us compensation. You will be liable to pay compensation for the deterioration of the merchandise only if the deterioration can be attributed to a situation in which the merchandise was handled in a way that went beyond the mere testing of its properties and mode of function. “Testing of [...] properties and mode of function” should be understood as testing of the merchandise in question that is possible and customary in a retail outlet. Any obligations to refund payments must be fulfilled within 30 days. The period of notice begins for you with the despatch of your collection request or of the merchandise, and for us with the receipt thereof.
End of the instruction on the right of return
1. The goods must be paid for in advance. Credit card payments will be accepted in accordance with the terms and conditions stated during the order transaction. Payment in cash or by cheque is not accepted. Liability for loss is excluded.
2. Payment shall only be deemed to have been made when the corresponding amount has been credited to beyerdynamic. In the case of delayed payment, late payment interest will be charged at the rate of 5 percentage points over the base rate (article 288(1) German Civil Code), without prejudice to claims for further damages, unless beyerdynamic is entitled to an even higher interest rate. The right to claim for further damages is reserved.
3. The customer shall only have a right of set-off if his counterclaims have been determined by a court of law, are undisputed or have been acknowledged by beyerdynamic. The customer is only entitled to exercise a right of retention if his counterclaim relates to the same contract.
4. In the event of a default on payment, all of the existing claims of beyerdynamic at the time of default shall become due and payable.
VII. Retention of title
1. The delivered goods shall remain the property of beyerdynamic (goods subject to retention of title) until full and final payment of the sale price and all ancillary costs.
2. For business customers, the delivered goods will remain the property of beyerdynamic until the full settlement of all claims which beyerdynamic may have against the business, on whatever legal grounds. The above will also apply if payments have been made in respect of specific accounts receivable. A business customer may dispose of the goods to a third party, during the normal course of business, even before making full payment.
3. The customer must treat any goods subject to retention of title with care, and must immediately inform beyerdynamic of any access to the goods by a third party, even in the case of their seizure, also in the event of any damage or destruction of the goods. The customer must immediately inform beyerdynamic of any change in the person with possession of the goods subject to retention of title.
4. The customer may not pledge or grant as security any goods which are subject to a retention of title.
5. If goods subject to a retention of title are combined or mixed with others that do not belong to beyerdynamic, beyerdynamic shall retain joint ownership of the total item. If the business customer acquires sole property as a result of such combination, he hereby grants joint ownership to beyerdynamic, according to the ratio between the value of the goods subject to retention of title and the value of the goods not owned by beyerdynamic at the time the combination took place.
6. A business customer may dispose of goods subject to retention of title during the normal course of business, under his normal terms and conditions of business, provided that he has stipulated a retention of title with his contractual partner. The right to dispose of the goods shall not exist if the business customer is in default. The business customer hereby assigns the receivables arising from the further disposal of the goods to beyerdynamic, who hereby accepts said assignment. The business customer is, however, entitled to retract the assignment of receivables granted to beyerdynamic, who may revoke this entitlement at any time. The above entitlement does not entitle the business customer to assign the receivables. In the event that the goods subject to retention of title are located abroad, the business customer is obligated to take all necessary measures and provide all information necessary for beyerdynamic to acquire assurances equivalent to a retention of title.
7. beyerdynamic must be informed immediately of any access to the goods by a third party, or in the case of seizure or related procedures.
8. In the event of breach of contract by the customer, in particular if he continues to default on payment after having been set an appropriate deadline for settlement, beyerdynamic may, after issuing a reminder, withdraw from the contract and demand return of the goods subject to retention of title, and the customer is obliged to return the goods. Retraction or enforcement of the reservation of title or seizure of the retained goods by beyerdynamic does not constitute withdrawal from the contract unless expressly stated by beyerdynamic.
1. The customer’s claims under warranty are initially limited to the right to subsequent rectification or replacement delivery. beyerdynamic is entitled to refuse the customer’s preference in this regard, if the preferred option can only be fulfilled at disproportionate expense. Business customers do not have this right of choice. If the subsequent rectification or replacement delivery is unsuccessful, the customer may reduce the price paid or withdraw from the contract if the defect is not a minor one, without prejudice to claims for compensation. The warranty does not cover damage caused by operating errors, unprofessional handling, overstraining, inappropriate storage or tampering by a third party.
2. For business customers: Claims under warranty by business customers require that the customer has fulfilled the inspection and complaint conditions in accordance with article 377 of the German Commercial Code. The limitation period for new goods is 1 year. No claims may be made for defects on used goods.
3. For consumers: Visible defects in the delivered goods must be reported to beyerdynamic, in writing, within four weeks of receipt. This provision does not constitute a preclusion period for the consumers’ warranty rights. If a defect arises more than 6 months after receipt, the customer must prove that the product was defective when the risk was transferred. If this is not the case, beyerdynamic is at liberty to produce evidence that the item was not defective at the time of receipt by the customer. The warranty period for used articles is 1 year.
IX. Industrial property rights, forms, tools and non-disclosure
1. If beyerdynamic provides technical documents, diagrams, forms, tools, models and offer documentation, it shall retain the property, copyright and other industrial property rights even if the customer has borne all or part of the related costs. The above documents etc. must not be disclosed to third parties and must be returned immediately if the contract is not awarded. The customer may not produce the purchased goods with the assistance of the technical documents, diagrams, forms, models and/or offer documentation, either himself or using a third party.
2. If the purchased goods are manufactured according to documents released by the customer, the latter will be liable for ensuring that the manufacture or delivery does not infringe any commercial or industrial property right of any third party.
X. Limitation of liability
1. beyerdynamic is liable in the event of fraud or gross negligence, for damages arising out of death, injury to body or health, or in connection with an accepted warranty of duration or quality given in accordance with the law.
2. In the case of culpable breach of a material contractual obligation, beyerdynamic shall be liable, if none of the cases referred to in (1) exists, for an amount limited to the foreseeable, typical damages.
3. beyerdynamic shall be liable, if none of the cases referred to in (1) and (2) above exists, limited to the contractual liability and up to a maximum of EURO 50,000.00.
4. Liability under the product liability act is unlimited.
5. If beyerdynamic has excluded liability, this shall apply for all claims regardless of their legal foundation, in contract or in tort.
XI. Data protection
1. beyerdynamic may check the validity, identity and/or the customer’s right to use a credit card or to have it checked by a third party. In this regard, the customer may be required to submit a copy of his identification card and/or the credit card in question.
2. The information required to process the order will be stored electronically and will be forwarded to affiliated companies during the order transaction. This information is given in accordance with article 33(1) of the German Data Protection Act. All personal information will of course be treated in confidence.
3. By placing the order the customer gives his consent to the electronic storage of his data on the beyerdynamic online server. He may view his information at any time and may request that his details be amended or deleted, or independently change or delete the data if this is technically possible on the system.
XII. Governing law and forum
1. This Agreement is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods shall not apply.
2. For business customers: Unless agreed otherwise in writing, the place of performance/execution for all contractual obligations is Heilbronn. The Court of Heilbronn shall have sole jurisdiction over all present and future claims arising from the relationship with the business customer. beyerdynamic may, however, bring proceedings against the customer at the court in his place of residence.
3. The same forum shall apply if the customer has no general place of jurisdiction in Germany, transfers his place of residence or domicile after conclusion of the contract, or if his residence or usual domicile is not known at the time the claim is lodged. Vendor details:
beyerdynamic GmbH & Co. KG
74072 Heilbronn, Germany
Phone: +49 7131 617 0
Fax +49 7131 617 224
VAT no: DE 145 795 453
(Version February 2012)