Terms & Conditions

General terms and conditions of the company Audio Tuning Vertriebs GmbH for B2C orders

§1 Validity towards consumers and definition of terms

1. The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
2. “Consumer” in the sense of these terms and conditions is the consumer in the sense of the legal regulations.

§2 Formation of a contract, storage of the contract text

1. The following regulations on the conclusion of a contract apply to orders via the online shop on the website “shop.project-audio.com”
2. In the event of the conclusion of the contract, the contract is concluded with:
   
   Audio Tuning Vertriebs GmbH
   Margaretenstrasse 98
   A-1050 Wien
   AUSTRIA – EUROPA
   Company register number: FN 36396 z
   
3. The presentation of the goods does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
4. Storage of the contract text: We save the contract text and send you the order data and our general terms and conditions with the cancellation policy contained therein and the attached model cancellation form by e-mail or in paper form with the order. You can also view the terms and conditions at any time at Terms & Conditions.

§3 Prices and Payments

The prices shown include the statutory value added tax and other price components, subject to price errors. Shipping costs may be added.

Payment can be made via PayPal.

If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Euro-pe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at

PayPal Terms of Use

§4 Delivery

Unless we have stated otherwise in the ordering process, all items we offer are ready for dispatch within 2 working days.

§5 Retention of title

We shall retain ownership to the goods until payment of the purchase price has been made in full.

§6 Right of withdrawal

Instructions on withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Audio Tuning Vertriebs GmbH, Margaretenstraße 98, 1050 Wien, AT; E-Mail-Address: XXX) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

• The right of withdrawal shall not apply to contracts
• for the supply of non-prefabricated goods made on the basis of individual choice of or instruction by the consumer or goods which are clearly personalised to the consumer’s needs,
• for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
• for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
• for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

End of the instructions on withdrawal.

§7 Contractual agreements concerning the costs of returning goods in case of withdrawal

In the event that you exercise your right of withdrawal, the following agreement shall apply: You shall bear the regular costs of returning goods.

§8 Guarantee / Warranty

Audio Tuning assumes the guarantee and warranty for the products delivered to the customer. The guarantee period is 2 years and begins with the purchase and exclusively under the following conditions:

1) Submission of the original sales invoice or a copy thereof, in which the device is listed with the product name and type, and with
2) Fully completed repair slip from Audio Tuning, which must be attached to the outside of the packaging or outer carton together with the delivery note, which contains sufficient information about the fault.

ATTENTION: Failure to follow these instructions will increase the processing time!

Please note:
a) We only accept invoices with consecutive numbers
b) If we suspect an incorrect invoice, we reserve the right to take legal action.

The following are excluded from the guarantee and warranty:
1. Sale goods if it is expressly stated on our online platform
2. Wear parts of all kinds.
3. Damage caused by dirt or improper use or improper storage.
4. Burned out power amplifiers and burned-out voice coils

§ 9 REPAIR SHIPMENTS TO AUDIO TUNING VERTRIEBS GMBH

All shipments of goods to the service company (also in the case of guarantee and warranty claims) are only accepted without exception free of charge. All repair shipments must be clearly addressed to “Audio Tuning Service” and the repair delivery note must be clearly visible on the outside of the outer carton. A delivery note must be clearly visible on the outside of the package. The delivery note must contain the following data: sender, manufacturer and type of the device sent, description of the defect, any documents that justify the guarantee or warranty.

All goods sent for repair must be sent in undamaged original packaging or packaging specially designed for the goods. The sender is liable for all transport damage, especially if no original packaging or suitable shipping packaging is used. Repair goods that are sent to us without the original packaging or suitable replacement packaging can only be sent to the sender in suitable packaging or must be picked up personally. Audio Tuning charges a flat rate of EUR 40.00 per device for which Audio Tuning Service must provide suitable return packaging.

REPAIRS, QUOTATIONS

Repairs that are not covered by the guarantee or warranty can either be handed in to our service center during business hours or sent to us. All repair shipments must be addressed to Audio Tuning GmbH “Service” and contain an exact description of the error. The repair delivery note must be clearly visible on the outside of the outer box.

Repairs that are not covered by the guarantee or warranty will be carried out up to a repair value of EUR 100 net / EUR 120 including Tax without consulting the customer, unless a cost estimate has been expressly requested beforehand. If the repair costs exceed this amount, the customer will be informed before the repair is carried out. If the customer refuses the repair, an inspection fee of EUR 50.00 net/ EUR 60.00 including Tax will be charged. Due to the error analysis, the functionality (of devices which are not repaired according to the customer’s request) may not be given to the same extent as before the check by the service.

If no error is found during the inspection of a product, the inspection fee can still be charged.

Quotation is charged at EUR 50.00 net/ EUR 60.00 including Tax. For devices with a sales price of EUR 2,000 or more, the actual expenditure for the quotation can exceed the flat rate of EUR 50.00/ EUR 60.00 in individual cases. In these cases, after consultation with the customer, a higher fee corresponding to the actual effort can be demanded for the inspection. In the case of devices with data memory, the data must be backed up externally in a suitable manner before the device is handed over. We accept no liability for data loss of any kind in the course of maintenance/repair/checking. The customer is responsible for restoring the data.

Defective parts or devices that cannot be repaired will be disposed of free of charge for the customer up to a total weight of 2 kg. Defective devices for which the customer has not agreed to the repair and which he does not pick up within three months despite being asked to do so three times, will be disposed of at the customer’s expense. Devices that have already been repaired and that the customer does not pick up within three months despite being asked to do so three times, will be sold at the customer’s expense, either auctioned at half the estimated value or sold privately.

§10 LIABILITY

Claims for recourse according to § 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the fault was caused by the seller and was at least the result of gross negligence.

In the event of slight negligence, the liability of the seller and all companies involved in production and distribution for all damage suffered by the buyer and his customers is excluded. This does not apply to personal injury. The injured party has to prove the existence of gross negligence.

§11 PLACE OF JURISDICTION / PLACE OF PERFORMANCE / PLACE OF PAYMENT / APPLICABLE LAW

Place of jurisdiction, place of performance and place of payment is 1050 Vienna.

Austrian law is agreed to the exclusion of the UN Sales Convention.

§8 Language of contract

The language of contract shall exclusively be German or English.

Sample withdrawal form:

(If you wish to withdraw from the contract, please complete and return this form to us.)

To
Audio Tuning Vertriebs GmbH
Margaretenstraße 98
A-1050 Wien
E-Mail: XXX
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
– Ordered on ______________________/ received on _______________________
– Name of consumer(s): __________________________________________
– Address of consumer(s): ________________________________________
___________________________________________________________________
– Signature of consumer(s):(only if this form is notified on paper)
____________________________________________________
– Date: ______________________
(*) Delete as appropriate.