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AGB Repair services according to cost estimate

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General Business Conditions (GBC)

Our General Terms and Conditions for Repairs

1. Scope of application

For contracts with Lautsprecher Teufel covering repairs of devices the period of warranty or guarantee for which has expired, the version of the following General Terms and Conditions valid as of the date the order was placed shall apply.

2. General information/Conclusion of the contract

a) General information

We acknowledge receipt of your service enquiry by phone on the following telephone number +49 (0)30 / 217 84 217. To permit us to prepare a cost estimate for the repair and/or to complete the repair, we arrange at our expense for a carrier appointed by us to collect the device from you. We therefore also inform you, as soon as we receive your service enquiry, of the arrangements for the collection of the defective device and of the option of approving a fixed charge for the repairs.

Please ensure that you use the appropriate packaging to prevent loss or damage in transit. We recommend that, without fail, you pack the device for the shipment in its original packaging, together with all the packaging components or, if you no longer have these, in line with our packing guidelines and the supplementary packaging instructions when returning goods that contain dangerous goods (e.g. lithium-ion batteries). Since Lautsprecher Teufel shall not be liable for loss or damage incurred as the result of the fact that the device was not properly packed for shipment. Any device that was packed in its original packaging, together with all the packaging components, or in line with our packing guidelines shall be deemed to have been properly packed.

Your contracting party is:

Lautsprecher Teufel GmbH
Bikini Berlin
Budapester Straße 44
10787 Berlin
Germany
Managing director and authorised representative: Sascha Mallah
Register Number HRB 20271 at the Berlin-Charlottenburg District Court
VAT ID: DE136745959

The European Commission has made a platform for online dispute resolution (ODR) available at the following link: https://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to take part in dispute resolution proceedings organised by a consumer arbitration service.

b) Conclusion of a contract without the approval of a fixed charge for repairs

Our quotes for repairs based on a cost estimate are without obligation and serve to facilitate the offer of a contract.

We examine the device and prepare a description of defects as well as a cost estimate for the repair of the same, which we send to you by email or in a letter, together with these GTC and our cancellation policy, within 5-7 working days of the device being received by us. The description of defects and cost estimate constitute an offer for the conclusion of a repair contract, and this offer is binding on us for a total of 4 weeks as of the date of dispatch of the email and/or letter.

Provided you accept our offer by letter or email in time (within the 4-week period), the repair contract materialises. We need about 10 working days (as of expiry of the cooling-off period) for the repair. The repair is done about 10 working days after conclusion of the contract if you have asked us to commence the repair during the cooling-off period (cf. in this connection sec. 3 of these GTC).

If we do not hear back from you within the aforementioned period of acceptance, or if you decline the repair, the contract does not materialise and we send the unrepaired device back to you at your risk and expense. The same shall apply if, by virtue of your right of cancellation (cf. in this connection sec. 3 of these GTC), you cancel the repair contract on time.

c) Conclusion of a contract with the approval of a fixed charge for repairs

If you have provided us with written approval of a fixed charge for the completion of repairs, we shall accept your offer for the repair of the device up to the amount specified in the "Fixed charge repair approval form" and repair the device, provided the repair costs are not likely to exceed the costs the fixed charge for which you have approved. Otherwise, you shall receive a cost estimate from us, which is without obligation and serves to facilitate the offer of a contract.

Should you wish to approve a fixed charge for the repairs, please confirm the size of the amount for which you are approving the completion of repairs on the "Fixed charge repair approval form" equally attached to this email. In terms of the repairs that we can carry out without consulting you, you can choose from an amount of up to € 75.00, € 100.00, € 125.00 or € 150.00.

3. Right of cancellation

Consumers have a 14-day right of cancellation.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days with effect from the date of conclusion of the contract.

To exercise your right of cancellation, you must inform us, Lautsprecher Teufel GmbH, Bikini Berlin, Budapester Str. 44, 10787 Berlin, Germany (Telephone 00800-200 300 40, Email: withdrawals@teufelaudio.com) through a clear declaration (e.g. a letter sent by post, telephone or email) of your decision to cancel this contract. You may use for such purposes the attached model cancellation form; this is however not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Effects of withdrawal

If you cancel this contract, we must refund you all payments that we have received from you, including delivery costs (except for the additional costs incurred as the result of the fact that you chose a type of delivery different to the standard, most favourable delivery offered by us), without delay and at the latest within fourteen days of the date on which we received notice of your cancellation of this contract. We shall use for this refund the same means of payment as used by you for the original transaction, unless we expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

If you asked for the provision of the services to commence during the cooling-off period, then you must pay us a reasonable/commensurate amount corresponding to the proportion that the services provided up until the date on which you notified us of the exercise of the right of cancellation under this contract represent of the overall scope of the services to be provided under the contract.

You will find the model withdrawal form at the very end of our General Business Conditions.

4. Scope of the repair

The repair provided by us is intended to implement in a proper and professional manner the repair measures required in order to remedy the defect flagged up in our description of defects. The repair measures may consist both in repair and restoration and in the full replacement of individual defective parts by spare parts. If we replace individual parts, on dismantling and/or replacing them, we acquire ownership of the dismantled or replaced individual part. We arrange for disposal of the individual defective part. It is not returned to you.

If despite the completion of the repair in a proper and professional manner, the cause of the defect could not be ascertained or the repair could not be successfully completed because the spare parts required for this are not available or cannot be procured by us, and if these circumstances were not identifiable by us on conclusion of the repair contract, then we may terminate the repair contract.

5. Cost estimate

Should you receive a cost estimate, this merely represents a non-binding expert assessment of the likely repair costs. We assume no responsibility for the accuracy of the cost estimate. Should it emerge in the course of the repair that this cannot be done without greatly exceeding the cost estimate, then you may give notice of termination of the contract for this reason. In case of such notice of termination, we may request payment of a portion of the consideration commensurate with the work done, as well as reimbursement of the expenditure not included in the consideration. If we expect the cost estimate to be greatly exceeded, we shall inform you of this as soon as we learn of it.

6. Consideration and terms of payment

The consideration payable for the repairs completed by us is proportionate to the time that needs to be spent on the repair, plus the necessary expenditure, in particular on any necessary spare parts. As far as spare parts are concerned, the prices applicable to these as of the date of preparation of the cost estimate shall apply.

The consideration becomes payable on acceptance, i.e. no later than on the 8th day following delivery of the repaired device to you (cf. below, sec. 7).

You may pay for your repair contract by invoice only.

You shall have a right of offset only if your counterclaims have been legally established by a court or are undisputed or were acknowledged by us in writing.

You may exercise a right of retention only if the claims arise from the same contractual relationship.

7. Acceptance

The repair is considered to have been accepted if we are not notified of any defects in the repair done within 7 days of delivery of the repaired article to you. We are obliged to specifically point out to you once again on delivery of the repaired device the fact that acceptance is deemed to have occurred if you have not notified any defects in the repair done within 7 days of delivery.

8. Guarantee of quality

An unsuccessful repair shall not constitute a defect if despite the completion of the repair in a proper and professional manner, we are unable to ascertain the cause of the defect and/or the repair cannot be completed on account of unavailable spare parts and/or where we cannot procure the spare parts either, and if these circumstances were not identifiable by us on acceptance of the repair contract. This shall not apply if the failure to ascertain the cause of the defect and/or the inability to procure the necessary spare parts is attributable to gross negligence, intent or a culpable breach of obligations material to the contract (primary obligations) by us, our senior members of staff or our vicarious agents.

The statutory warranty laws shall apply in all other respects.

9. Statute of limitations

Any claims you may have on account of a defective repair shall become statute-barred within one year of acceptance of the repair.

The shorter limitation period provided for above shall not apply if the defect is attributable to gross negligence, intent or a culpable breach of obligations material to the contract (primary obligations) and/or in case of injury to life, limb or health, and the breach of a person’s right to liberty, by us, our senior members of staff or our vicarious agents.

10. Jurisdiction and applicable law

The exclusive place of jurisdiction for all claims relating to the business relationship is Berlin if the customer is a businessman within the meaning of the German Commercial Code (HGB) or is a corporation under public law or if he does not have a permanent residence in the domestic country.

Contracts subject to these General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the CISG. In the case of consumers, however, this choice of law shall not apply in respect of such provisions which are mandatory under the law which would be applicable in the absence of the choice of law (usually the law of the country in which the consumer has his principal place of residence) and which may not be derogated from by agreement.

Model Withdrawal Form

If you would like to withdraw from the contract, please fill in this form and return it to us.

To Lautsprecher Teufel GmbH, Bikini Berlin, Budapester Str. 44, 10787 Berlin, Germany Telephone: 00800-200 300 40, E-Mail: withdrawals@teufelaudio.com):

I/we(*) hereby cancel


the contract concluded by me/us(*)

for the provision of the following service (*)

ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of a hard-copy notice)

Date

* Delete whichever is inapplicable
General Terms and Conditions for Repair Services [PDF]

Last modified on 09.05.2022

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