Phone: +49 (0) 521- 78 71 453
Mon. - Fri.: 09.30 - 18.00
Saturday: by appointment only
Ust-Ident number: DE 243 145 797
Tax number: 305 / 5800 / 1249
Commercial register sheet: HRB 38429 Local court Bielefeld
Managing Director: Christian Engelmann
Packaging Ordinance: We license the disposal of our packaging through the central body with the registration number DE4623957220957-V
The following General Terms and Conditions (GTC) contain at the same time legal information about your rights under the regulations on contracts in distance selling and electronic commerce.
For all deliveries of ACR-Bielefeld Klangwerk GmbH, Otto-Brenner-Str. 132, 33607 Bielefeld to consumers (§ 13 BGB) these general terms and conditions apply.
(1) Your registration to our trading system is free of charge. There is no entitlement to admission to our trading system. Only persons of unrestricted legal capacity are entitled to participate. At our request, you must send us a copy of your identity card. For admission, please fill out the registration form available on our website electronically and mail it to us. The data required for registration must be provided by you completely and truthfully. With the registration you choose a personal user name and a password. The user name must not violate the rights of third parties or other name and trademark rights or morality. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from the declaration of your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can delete your entry at any time under "My Account". Only with the registration with us no purchase obligation exists regarding the goods offered by us.
(3) Insofar as your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under "My account".
The purchase contract is concluded with
ACR-Bielefeld Klangwerk GmbH,
Otto Brenner St. 132,
You can reach our customer service for questions, complaints and claims on weekdays from 10:00 to 18:30 clock
under the telephone number 0521-7871453
as well as by e-mail at firstname.lastname@example.org
(1) The presentation of the products in the online store does not constitute a legally binding offer by the seller/provider, but an invitation to place an order. All offers are valid "while stocks last", unless otherwise noted with the products.
(2) By clicking the[Buy] button, you make a binding declaration of intent to order the goods listed on the order page. The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order or when we make the delivery immediately after the order.
(3) The possibility of recognizing and correcting input errors shall be pointed out separately at a suitable place.
Consumers (§ 13 BGB) have a statutory right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must send us
ACR-Bielefeld Klangwerk GmbH,
Otto Brenner St. 132,
by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
(1) The prices stated on the product pages include the statutory VAT and other price components, unless otherwise stated in the respective offer. In the case of used goods/articles, insofar as the legal requirements are met, reference is made to the differential taxation and the applicable taxes.
(2) In addition to the stated prices, we charge shipping costs for delivery. The shipping costs will be clearly communicated to you again on the product pages and on the order page.
(3) The delivery of the ordered goods takes place against prepayment, Paypal*, cash on delivery* or on account*. (* requires a separate agreement)
(1) Payment shall be made in advance, Paypal or cash on delivery. Payment on account requires a separate agreement. Insofar as "payment on account" is possible due to a separate agreement, this will be pointed out separately before the order process is completed.
(2) In the case of payment in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment, taking into account the stated delivery time.
(3) You shall only be entitled to set-off if your counterclaims are undisputed, have been finally determined by a court of law or are ready for a decision in a legal dispute or if they are counterclaims pursuant to § 320 BGB.
(4) You may only exercise a right of retention insofar as the claims result from the same contractual relationship.
(1) The goods remain our property until full payment. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
(2) You shall only be entitled to resell the goods subject to retention of title if we have agreed to the resale in writing. In this case, however, you already now assign to us all claims from such a resale in the amount of the invoice value of our claim, irrespective of whether such resale takes place before or after any processing of the goods delivered under retention of title. Irrespective of our authority to collect the claim ourselves, you shall remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long and as far as you meet your payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no cessation of payments. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion upon your request.
(3) The customer is obliged to treat the goods with care. If damage to the goods occurs between purchase and return of the goods to us or if a loss in value of the goods occurs due to other circumstances, the buyer shall be fully liable for this, even if he is not at fault for this.
(1) We deliver the goods according to the agreements made with you. Incidental shipping costs are listed in each case with the product description and are shown separately by us on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) Insofar as we do not deliver the goods or do not deliver the goods in accordance with the contract, you must grant us a grace period to effect performance. Otherwise you are not entitled to withdraw from the contract.
(3) Delivery shall be made by sending the goods to the address specified by the Buyer. As far as delivery against prepayment is agreed, the delivery period within Germany is 7 working days after receipt of the purchase price and 10 working days for deliveries within the European Union (EU). Otherwise, the delivery period is 7 working days after dispatch of the declaration of acceptance.
(4) If the Customer is in default of acceptance or culpably violates other duties to cooperate, ACR-Bielefeld Klangwerk GmbH shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved.
(5) The risk of accidental loss and accidental deterioration of the object of purchase shall pass to the Buyer as soon as ACR-Bielefeld Klangwerk GmbH has delivered the object of purchase to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. This shall not apply if the Buyer is a consumer.
(6) If the conditions of para. 4 are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(7) ACR-Bielefeld Klangwerk GmbH shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which ACR-Bielefeld Klangwerk GmbH is responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
(8) ACR-Bielefeld Klangwerk GmbH shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(9) The goods/articles marked with ''Export'' or ''forexport only'' may only be ordered/purchased for export outside Germany. These goods/spare parts may not be resold in Germany (area of application of the FRG) and may also not be installed or fitted in/on vehicles. These are design or utility/design patents or otherwise protected goods/articles which are not intended for use in the FRG.
The buyer of these items undertakes with the purchase to export these goods/items.
The Buyer shall indemnify ACR-Bielefeld Klangwerk GmbH against all obligations or claims of third parties, of whatever nature, arising from a breach of the obligations under sentences 1-4.
(1) We shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages which are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. To the extent that we have given a guarantee as to the quality of the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality but not directly occurring on the goods if the risk of such damage is obviously covered by the quality guarantee.
(2) We shall also be liable for damages caused by simple negligence, insofar as the negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract. However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.
(3) Any further liability shall be excluded regardless of the legal nature of the asserted claim; this shall apply in particular to tortious claims or claims for reimbursement of futile expenses instead of performance.
(4) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
(5) ACR-Bielefeld Klangwerk GmbH shall not be responsible for material defects of the delivery which it obtains from third parties and passes on unchanged to the Buyer; the responsibility in case of intent or negligence shall remain unaffected in accordance with the above provisions.
(1) Amendments or supplements to these Terms and Conditions must be made in writing. This shall also apply to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) The contractual language is German.
(4) The place of performance as well as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be our registered office, insofar as the buyer/client is a merchant.
(5) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.
© Lawyer Ralph J. Jurisch, 59387 Ascheberg/ Westf. for www.123-AGB.de
Note on the information obligations regarding the individual technical steps leading to the conclusion of a contract pursuant to Section 312i (1) No. 1 BGB in conjunction with Art. 246c No. 1 EGBGB. Art. 246c No. 1 EGBGB
Pursuant to Section 312i (1) No. 1 of the German Civil Code (BGB) in conjunction with Article 246c No. 1 of the Introductory Act to the German Civil Code (EGBGB), we are obliged to provide information about the individual technical steps leading to the conclusion of a contract.
We point out that the menu navigation of the offers visible in our store by notes and / or buttons such as "continue" "to the ordering process" self-explanatory until the completion of the ordering process.
Note on the information obligations regarding the storage of the contract text pursuant to § 312g BGB in conjunction with. Art. 246 § 3 No. 2 EGBGB
According to § 312g BGB in conjunction with Art. 246 § 3 No. 2 EGBGB we are obliged to inform whether the text of the contract is stored by the entrepreneur after the conclusion of the contract and whether the text of the contract is accessible to the customer.
We would like to point out that the offer visible in our store will be stored for 30 days after completion of the order process and can be viewed as in the article search. After this period has expired, the offer is finally removed from the webshop. We have saved a printout of this offer. This can also be viewed after the expiry of the aforementioned period with us.
We nevertheless recommend that all customers print out the text of the contract/offer immediately after conclusion of the contract at the latest.
With regard to the General Terms and Conditions (GTC) used by us, we point out to our customers that these are constantly updated. The older GTC used by us are no longer stored after revision and are only available to us in the form of a voucher - copy.
We recommend our customers to print out the GTC immediately after completing the order process.
Note on the obligation to inform about the possibility to recognize and correct input errors, Article 246 § 3 No. 3 EGBGB
We expressly point out that the entries can be checked at any time, especially after clicking the order button. You can correct your input in particular by clicking the "back" button or by closing the last opened window (by clicking the "X" symbol).
ACR-Bielefeld Klangwerk GmbH,
Otto Brenner St. 132,
- hereinafter referred to as the company - observe the rules of data protection laws and therefore also take the protection of your personal data seriously in your interest. Personal data is therefore only collected by us to the extent technically necessary, for example, for contract processing. In no case will the collected data be used outside our company, sold or otherwise disclosed to third parties - unless it is essential for the execution of the contract.
Personal data is only collected if you voluntarily provide it to us in the context of your order for goods, when opening a customer account (or when registering for our newsletter). We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order. With complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiry of the tax and commercial regulations.
Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on your payment data to the credit institution commissioned with the payment.
You have the right at any time to free information about the data stored about you, its origin and recipients, the authorization, blocking or deletion of data and the revocation of consents granted and the purpose of data processing. Information about the stored data can be obtained from the data protection officer of our company, Christian Engelmann, telephone 0521-7871453, email@example.com.
Note on sales packaging
Sales packaging is packaging that accumulates at the end consumer (Section 3 (1) No. 2 of the Packaging Ordinance). Manufacturers or distributors of the products are obliged,
- either to take back the packaging waste in the store or in the immediate vicinity free of charge (§ 6 par. 1) (so-called self-disposers)
- or to participate in a nationwide system that collects the packaging waste from the private end consumer or in his vicinity (so-called dual systems)
You can therefore return empty sales packaging of the goods sold by us free of charge to the address given in the imprint.
Duty to inform according to the battery law - BattG
According to the law on the marketing, return and environmentally sound disposal of batteries and accumulators (Battery Act - BattG) of 25.06.2009 (BGBl. I p. 1582), we are obliged as a dealer to inform about relevant regulations and obligations. In addition, you will receive the information required by the BattG with the shipment of goods.
Batteries received from us can be returned to us free of charge after use.
End users are legally obligated to return used batteries according to § 11 BattG, whereby they do not have to differentiate either by battery type or by manufacturer or seller.
Batteries must not be disposed of with normal household waste, but must be returned to the distributor or to collection points set up for this purpose by the public waste disposal authorities.
Batteries containing harmful substances are marked with a crossed-out waste garbage can. Below this is the chemical name of the pollutant, "Cd" for cadmium, " Hg" for mercury and "Pb" for lead.
Final consumers who are commercial or other economic enterprises or public institutions can agree on the place of return with the Community take-back system as well as with manufacturers who have set up their own system.
© 2014 Lawyer Ralph J. Jurisch, 59387 Ascheberg/ Westf. for www.webrecht-jurisch.de