Legal information

AGB

General Terms and Conditions

1. Scope of application

These general terms and conditions apply to all current and future sales contracts of audiowerk GmbH, unless otherwise agreed in writing. Different conditions of our customers are not valid, even if we do not expressly object to or reject them. We hereby object to the buyer's purchasing conditions. Any ineffectiveness of one or more of the following provisions does not affect the validity of the remaining terms and conditions.

2. Offers / conclusion of a contract

Our offers are non-binding and subject to prior sale. Purchase contracts are only considered to have been concluded when a corresponding written confirmation is available or the goods have been delivered.

3. Delivery times and quantities

Deliveries are usually made within 24-48 hours (goods in stock) from receipt of the order from our warehouse in Otelfingen. Communicated delivery times are purely for information and are non-binding. No responsibility is taken for any unforeseen delays. Claims by the customer due to late delivery or non-delivery are expressly excluded and will not be recognized. The assertion of claims for damages and offsetting of operational costs by the buyer are excluded. The goods remain our property until they have been paid for in full.

4. Shipping / transport risk

When the goods are handed over to a freight forwarder, all risks are transferred directly to the buyer. This also applies if the delivery is made without offsetting the transport costs to the recipient. Insurance against any risk is the responsibility of the buyer. The recipient must immediately report any transport damage or loss to the responsible transport company. Additional costs for express deliveries are borne by the customer. audiowerk GmbH determines the type of shipment and is entitled to make partial deliveries.

5. Incorrect deliveries / returns / returns

The return or exchange of demonstrably incorrectly delivered products (wrong article, missing quantity) only takes place after prior agreement with audiowerk GmbH, whereby only brand-new products in undamaged original packaging can be taken back. In the case of a return confirmed by audiowerk GmbH, the customer must provide the corresponding invoice or delivery note number. Returns are checked by audiowerk GmbH and any deviations from the original condition are reported back to the customer. Reductions in value for products that are not classified as brand new will be deducted from the credit (e.g. damaged packaging, adhesive marks on packaging, etc.). Deviations in batch numbers do not entitle to return. Incorrect deliveries must be reported to us immediately upon receipt of the goods. Under special circumstances and in exceptional cases, audiowerk GmbH will also take back goods that have already been invoiced. The customer will be charged a reduction in value of at least 25%. Such extraordinary returns of merchandise are only permitted after prior agreement and with the written consent of audiowerk GmbH. This written authorization confirms the conditions under which goods can be returned. In any case, in addition to the depreciation listed above, the costs incurred for defects in the returned goods (damage, missing packaging, missing operating instructions, etc.) will also be claimed. Returns that have not been agreed will be returned. Goods that were specially ordered from the manufacturer abroad for the buyer (special orders, project-related large quantities, no stock items) cannot be returned and credited. Products with a batch number can only be taken back if the batch delivered is still up-to-date and is on sale.

6. Technical changes

Technical changes by the manufacturer are possible and can be introduced without prior notice. Technical data in the price list, catalog or website are purely for information purposes and are non-binding.

7. Complaints

Complaints must be communicated to us within 7 days of receipt of the goods. If necessary, we are to be given the opportunity to check the goods in question in the condition in which they were delivered to the customer. If audiowerk GmbH accepts a complaint as justified, we are entitled, at our option, to either deliver replacements for the defective goods in the same quality as ordered or to credit the corresponding invoice amount. Any further liability on our parte is expressly excluded.

8. Prices and terms of payment

Our prices apply from our warehouse without packaging and VAT. Unless otherwise stated, our invoices are in Swiss Francs. The payment conditions shown on the invoice apply. The buyer is not entitled to make partial payments. The buyer may not withhold payments due to complaints. Offsetting by the buyer with counterclaims is excluded. Unauthorized deductions will be invoiced later. We reserve the title to the goods delivered by us until the customer has settled all claims from the business relationship with us. Subject to price changes (in particular due to currency fluctuations, price increases due to scarcity of raw materials, etc.).

9. Default in payment

In the event of default in payment, the buyer will be charged default interest of 8% pa., reminder fees (at least CHF 30.00) and all subsequent costs.

10. Warranty / manufacturer guarantee

audiowerk grants a warranty of 6/12/24 months from the invoice date on material and construction defects, depending on the product delivered (will be shown on the invoice). Further information on the warranty provisions can be found in the respective device packaging. The supplier undertakes to replace as soon as possible all parts that can be proven to be damaged or unusable as a result of poor material, faulty construction or poor workmanship. The supplier only bears the costs that arise from the repair of the defective parts in his service center. Any transport costs incurred (including return after the repair) will be borne by the customer in any case. Any further claims by the customer due to defective delivery, in particular for compensation, are excluded. Excluded from the guarantee are damage due to natural wear and tear, inadequate maintenance, improper use and incorrect operation, disregard of operating / operating regulations, chemical or electrolytic influences, defective construction and assembly work not carried out by the supplier as well as other reasons to which the supplier is not entitled has represented. If the buyer claims a different warranty condition published by the manufacturer, the goods will be forwarded directly to the manufacturer and the entire transport costs will be borne by the customer. The customer must immediately check the products delivered, developed or installed by audiowerk and notify audiowerk GmbH in writing of any defects no later than 7 days after receipt / completion of the products. Hidden defects that could not be noticed within this period despite the careful inspection must be reported in writing to audiowerk GmbH immediately after they have been discovered. Subsequent improvements and repairs to defective products by audiowerk GmbH are permitted. The customer can also be instructed to independently remedy the defects with advice from audiowerk GmbH, provided that this can be expected of him or dismantling and return of the defective product to audiowerk GmbH is not possible (e.g. permanently installed lighting, LED strips, etc.). In the event of unauthorized repairs without prior consultation with audiowerk GmbH, we decline any liability or any assumption of costs. The customer can neither change nor reduce the contract due to defective products, provided that audiowerk GmbH takes appropriate measures to improve the delivery / service complained about or the warranty claims are not justified due to normal production deviations. If a defective product is used by the customer contrary to the instructions of audiowerk GmbH, audiowerk GmbH rejects any warranty and liability. Further claims of the buyer due to defective delivery, in particular for damages, are excluded. Excluded from the guarantee are damage due to natural wear and tear, inadequate maintenance, improper use and incorrect operation, disregard of operating / operating instructions, chemical or electrolytic influences, weather influences, inadequate construction and assembly work not carried out by the supplier, as well as other reasons that the supplier may have is not responsible.

11. Force majeure

The occurrence of circumstances which make the contractual processing impossible, make it significantly more difficult or make it appear unreasonable for us in comparison with the circumstances prevailing at the time the contract was concluded, are regarded as cases of force majeure in addition to the usual cases and release us ganz or partially from the delivery obligations entered into. They entitle us to postpone the delivery deadlines or to omit the delivery entirely without the buyer having any claims for compensation or other claims against us.

12. Liability

As a matter of principle, audiowerk GmbH is not liable for consequential damage, loss of profit, or loss of image that arise from advice, services or material performance for the customer. In any case, the liability of audiowerk GmbH is limited to the amount of the order amount. It is expressly pointed out that audiowerk assumes no liability for data loss and damage resulting therefrom, unless liability is mandatory in cases of willful intent and gross negligence and the customer has ensured by keeping the data available in machine-readable form that the data is included can be reconstructed with reasonable effort.

13. Applicable

Law The general terms and conditions and their contracts are subject to Swiss law. The exclusive place of jurisdiction is Otelfingen / Dielsdorf ZH.

14. Changes

The general terms and conditions can be changed or replaced by audiowerk GmbH at any time. There is no prior written information to the customer.
 
Otelfingen, January 2016
Replaces all previous editions

Impressum

Adresse de contact

audiowerk GmbH
Industriestrasse 52
8112 Otelfingen
Suisse
Téléphone:   +41 (0) 43 495 34 10
Télécopieur: +41 (0) 43 495 34 11

Représentants autorisés

Roger Moser (Directeur Général)

Inscription au registre du commerce

Dénomination sociale : audiowerk GmbH
Numéro : CH-400.4.023.485-8
Stand : Otelfingen / Dielsdorf ZH

Numéro de TVA

CHE-109.564.628

Datenschutz

1. Disclaimer

audiowerk GmbH assumes no liability for the correctness, accuracy, timeliness, reliability and completeness of the information.
Liability claims against audiowerk GmbH for material or immaterial damage resulting from access to, use or non-use of the published information, from misuse of the connection or from technical malfunctions are excluded.
All offers are non-binding. Audiowerk GmbH expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to cease publication temporarily or permanently without prior notice.

2. Liability for links

References and links to third party websites are outside our area of ​​responsibility. We reject any responsibility for such websites. Access to and use of such websites is at the user's own risk.

3. Copyrights

The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to audiowerk GmbH or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.

4. Data protection

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the federal government (Data Protection Act, DSG), every person has the right to the protection of their privacy and protection against misuse of their personal data. We adhere to these regulations. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties.
In close cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.
When you access our website, the following data is stored in log files: IP address, date, time, browser request and general information about the operating system or the operating system. Browser. This usage data forms the basis for statistical, anonymous evaluations so that trends can be identified, which we can use to improve our offers accordingly.

5. Data protection declaration for the use of Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operator and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of the data collected about you by Google in the manner described above and for the purpose set out above.

6. YouTube

We use a plug-in from YouTube that belongs to Google Inc. LLC 901 Cherry Ave. San Bruno, CA 94066 USA. As soon as you visit a page on our website equipped with a YouTube plug-in, a connection to the YouTube servers is established. The YouTube server is informed which page of our website you have visited. If you are logged in with your YouTube account, this would enable YouTube to assign your surfing behavior to your personal accountassign. Further information on the collection and use of your data by YouTube can be found at https://policies.google.com/privacy?hl=en.

7. Cookies

To use our www.audiowerk.ch / www.shop.audiowerk.ch we use so-called cookies. "Cookies" are small pieces of information that are saved by your browser on your computer's hard drive. In particular, they serve to improve navigation and make the website more user-friendly. The cookies we use do not store any personal information. Usually web browsers automatically accept cookies. This can be avoided by changing the browser settings.

8. LinkedIn

Plugins of the social network LinkedIn of the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter "LinkedIn") are integrated on our website. You can recognize the LinkedIn plugins by the LinkedIn logo or the "Recommend" button on our website. When you visit our website, the plug-in establishes a direct connection between your browser and the LinkedIn server. LinkedIn receives the information that you have visited our site with your IP address. If you click the LinkedIn "Recommend button" while you are logged into your LinkedIn account, you can link the content of our pages to your LinkedIn profile. This enables LinkedIn to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by LinkedIn. Details on data collection (purpose, scope, further processing, use) as well as your rights and setting options can be found in LinkedIn's data protection information. You can find this information at: http://www.linkedin.com/legal/privacy-policy.

9. Contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not pass on this data without your consent.

10. Newsletter data

If you would like to receive the newsletter offered on the website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you have received the I agree to the newsletters. Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties. You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "Unsubscribe" link in the newsletter.

11. SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in your browser line.

12. Changes

Changes to our data protection declaration will be published on this page. With this you can find out how we collect and handle data.

Copyright

1. Disclaimer

The entire content of all websites of audiowerk GmbH (texts, images, graphics, animations) is subject to copyright and other laws for the protection of intellectual property. Elements may not be reproduced, printed, translated, processed in digital form, transferred to archives or made accessible to third parties using an external URL, neither for private nor for business purposes, without the prior written consent of audiowerk GmbH. Exceptions to this basic rule are expressly indicated by the note "Download".

2. Liability for content

The contents of our website were created with the greatest possible care. However, we do not assume any liability for the correctness, completeness and topicality of the content.

3. Liability for links

You will find links to external websites on our website. The respective operator or provider is responsible for the content of these pages. & Nbsp; audiowerk GmbH & nbsp; cannot accept any liability for this third-party content.

4. Copyright

audiowerk GmbH tries to respect the copyrights of others. Third party contributions are marked as such. The author always owns the copyrights.

5. Photo credit

The images used come from our own sources.