AGB Repair services according to cost estimate

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General terms and conditions for repair services according to cost estimate

1. Applicability

In the case of contracts with Lautsprecher Teufel GmbH (Teufel) on Repair Services regarding products for which the warranty and guarantee time has expired, the following general terms and conditions apply in its version effective at the time of contract award.


2. General Information / Conclusion of Contract

Our offers to conduct repairs based on cost estimates are subject to change, and serve the purpose of establishing a commission for servicing.

We should receive your notice for service via telephone at the following number: 00800-200 300 400. When you call the listed number our service team will also inform you about the modalities for the picking up of the defective device. Shipment of the device takes place at our cost. Insofar as you follow our packing instructions, we take responsibility for shipping risks.

We will examine the device and create a defect report as well as a cost estimate for the repair. We will send this information to you via email or postal letter together with these general terms and conditions and the instruction on right of revocation within 5 to 7 work days upon receipt of the device. The defect report and cost estimate represent an offer for a repair order to which we are bound to for a total of 4 weeks starting from the date the email or letter was sent. Provided that you accept our offer in time (within the 4 week period) via letter or email, the repair order will be concluded. We normally need 10 work days to complete the repair (starting from the date of conclusion of the contract).

If we do not receive your reply within the above mentioned acceptance period, the contract will not be concluded and we will send the unrepaired device back to you at your own cost and risk.


Your Contractual Partner 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


3. Right of Revocation

Consumers have a 14-day right of revocation.


Instruction on Right of Revocation

Right of Revocation
You are entitled to revoke your contractual statement, without stating a reason, within 14 days by giving notice in text form (i.e. letter, fax, e-mail). The period begins following receipt of these instructions in text form, but not before conclusion of contract and also not before we have honoured our obligations to inform in accordance with Article 246 § 2 in conjunction with § 1 Clauses 1 and 2 EGBGB as well as our obligations pursuant to § 312g Clause 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The period of revocation is met if the notice of revocation is sent in time.
Please send the notice of revocation to:

Lautsprecher Teufel GmbH
Bikini Berlin
Budapester Straße 44
10787 Berlin
Germany

Fax: +49 (0)30 / 300 930 930
E-Mail: service@teufelaudio.com (English-speaking)
E-Mail: verkauf@teufel.de (German-speaking)


Consequences of Revocation
In the event of an effective revocation, any benefits received by either party shall be restituted and, if necessary, utilised advantages (for example interest) shall be returned. If the received service can only be returned partially or not at all, or only in a deteriorated state, you may have to pay compensation. This can lead to circumstances under which you nevertheless have to fulfil the contractual payment obligations for the time period up to the revocation. Obligations to refund payments must be fulfilled within 30 days. For you, this period starts on the day the notice of revocation is sent; for us, it begins upon its receipt.


Special Notice
Your right of revocation expires prematurely if the contract is fulfilled by both parties at your explicit request before you have made use of your right of revocation.

End of instruction on right of revocation


4. Scope of Repair

Our repair service is intended to professionally and appropriately conduct the repairs necessary to remove the defect described in our defect report. If despite professional and appropriate execution of the repair the cause of the defect cannot be detected, or the repair cannot successfully be performed, because necessary replacement parts are lacking or we are unable to procure the necessary replacement parts, and if these circumstances were not recognisable by us when we agreed to the service contract, we are entitled to end the service contract. In this case we may demand partial payment corresponding to services rendered and compensation of expenses which were not included in the payment.


5. Cost Estimate

The cost estimate merely constitutes a nonbinding professional calculation of the anticipated cost of repair. We do not assume any guarantee for the accuracy of the cost estimate. Should it become clear during the repair that it cannot be carried out without significantly exceeding the cost estimate, you may terminate the contract based on this reason. In case of such a termination, we are entitled to demand partial payment corresponding to services rendered and compensation of expenses which were not included in the payment. If a significant exceeding of the cost estimate must be expected, we will inform you accordingly, as soon as we become aware of it.


6. Payment and Conditions of Payment

The calculation of payment for our services is based on the time needed to complete the repair, in addition to the necessary expenditures, especially necessary replacement parts. The applicable price for replacement parts is the price prevailing on the date when the cost estimate was issued.

Payment is due once the repair service has been accepted (see below paragraph 7).

Repairs can only be paid with credit cards.

Your credit card account is debited immediately after the repair service has been accepted (see below paragraph 7), i.e. at the latest 8 days after the repaired device has been delivered to you.

You only have a right to offset if your counterclaims are legally decided on in court, are undisputed or are accepted by us in writing.

You can only exercise a right of retention insofar as the claims ensue from the same contractual relationship.


7. Acceptance

The repair service is deemed to have been accepted, if no failure of the repair service has been reported within 7 days after the repaired device has been delivered to you. We are obligated to explicitly inform you again when we deliver the repaired device that the repair service is deemed to have been accepted if you have not reported any failure of the repair service within 7 days after delivery.


8. Warranty for defects

The unsuccessful repair does not represent a failure if we could not identify the cause of the defect despite professional and appropriate execution of the repair and/or if we could not execute the repair because of lacking replacement parts and/or we are also not able to obtain them, and the preceding circumstances were not recognisable to us at the time of acceptance of the contract.

This does not apply if the inability to identify the cause of the defect and/or the inability to procure necessary replacement parts can be traced back to gross negligence, intention or a responsible breach of fundamental contractual obligations (Cardinal obligations) through us, our executive employees, or persons assisting us in the performance of obligations.

Besides, the statutory warranty rights do apply.


9. Limitation

Any of your claims of faulty repair become statute-barred one year after you accept the repair.

The previously mentioned shortening of the statutory limitation period does not apply, if the defect is ascribed to gross negligence, intention or a responsible breach of fundamental contractual obligations (Cardinal obligations), and/or in the case of injury to body, life, health and freedom through us, our executive employees, or persons assisting us in the performance of obligations.


10. Place of Jurisdiction and Applicable Law

The exclusive place of jurisdiction for all claims relating to repair servicing based on a cost estimate is Berlin if the customer is a businessman within the meaning of the German Commercial Code (HGB) or is a corporation under public law.

Contracts including these General Business Conditions are subject to the law of the Federal Republic of Germany, to the exclusion of the UN Sales Law. If agreements cover a purpose that cannot be attributed to the professional or commercial activity of the entitled party (consumer), this choice of law only applies in as much as the protection afforded is not withdrawn by mandatory regulations of the country in which the consumer has his/her ordinary residence.


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Last revised on 04. March 2020