READING VERSION ( legally binding is the german version only! )
statutory right of withdrawal for consumers
The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw Tube Amp Doctor Musikhandels GmbH (TAD) from the contract in writing (e.g. letter, fax, email) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties according to article 246 section 2 German Civil Code (EGBGB) in combination with section 1 subsection 2 German Civil Code (EGBGB) as well as section 312g, subsection 1 German Civil Code (BGB) in combination with article 246 section 3 German Civil Code (EGBGB) have been fulfilled.
The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:
Tube Amp Doctor Musikhandels GmbH
fax: +49 6247 9040928
The Consequences of Cancelation In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. Objects suitable for shipment shall be returned at our own risk. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customer’s premises. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned; for the vendor, Tube Amp Doctor Musikhandels GmbH the grace period begins with the receipt of the cancelation or the returned goods.
Distance Selling Regulations void the right of withdrawal:
a) for deliveries of tailor made products or products which have been manufactured according to the customer specifications.
b) for products which due to their nature are unsuitable for a return or products where the expiry date has passed.
c) for deliveries of audio and video recordings, books or software with a broken seal.
d) for components which have been connected with another object in a way that it cannot get returned without residues (e.g. solder).
The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated (not having made the contractually agreed payment). Otherwise Tube Amp Doctor Musikhandels GmbH shall bear the costs of returning the merchandise. Please contact Tube Amp Doctor Musikhandels GmbH for free return waybill for this purpose (there is no requirement to assume the costs of returning merchandise in case of a return; we request that you to refrain returning merchandise without a free return waybill as well as from using express delivery or delivery where postage is not prepaid). In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise.
Tube Amp Doctor Musikhandels GmbH regrets not to be able to carry the shipping costs for return shipments from foreign countries.
§ 1 Area of applicability
For business relations to the purchaser the following General Terms and Conditions of Business apply to orders made via the internet in the version applicable up placing the order.
§ 2 Conclusion of a contract
The presentation of our products on our website solely calls on the customer to place a contractual offer.
By the customer's transmitting an order, the customer places an offer in the terms of § 145 German Civil Code. The customer receives a confirmation of receipt in connection with the order per email. We shall, if necessary separately, inform the customer of possible errors in the specifications of the range on our website and shall submit a corresponding counter offer.
The customer dispenses with an acceptance declaration, § 151 S. 1 German Civil Code. The contract between the customer and Tube Amp materialises when we accept the offer of the customer within 10 days in writing or in simple text or consign the goods ordered. Should the agreed upon mode of payment be cash in advance we assume the contract to be accepted if the customer does receive a Pro Forma Invoice and does complete the payment within 14 days after receiving such an invoice.
§ 3 Delivery, consignment costs, transfer of risk
(1) We are entitled to make partial deliveries should one part of the ordered goods not be on stock temporarily. If the consumer goods purchase contract is effected on a national basis, we shall bear the additional shipping costs - whatever the circumstances may be.
(2) Delivery is carried out at the consignments costs drawn up for the individual case. The risk of delivery is borne by the customer. As soon as the items have been transferred to a transportation company the risk is borne by the customer. This regulation also applies to partial deliveries. The delivery is affected to the address provided by the customer. If the buyer is a consumer in the terms of § 13 German Civil Code, the risk of accidental loss and of accidental deterioration of the item sold, also in the case of a contract of sale involving the carriage of goods, is borne by the purchaser but not before surrender of the item to said buyer has been effected. Even if the buyer delays acceptance, the surrender has been affected.
(3) The goods shall be inspected for transportation damage immediately upon acceptance by the customer or his/her representative. Notice of any transportation damages detected shall be drawn up without delay and in writing. The customer shall have packaging damages confirmed in writing by the forwarder upon acceptance of the goods.
(4) Claims for damages against Tube Amp Doctor Musikhandels GmbH for non-fulfilment or delay are excluded, provided neither intent nor gross negligence is involved.
(5) not applicable
(6) For goods supplied beyond the boarders of the European Union and Switzerland, import taxes (customs duty) may be due; the latter borne by the addressee.
§ 4 Reservation of title
The goods supplied remain our sole property until complete payment of the purchase price has been received.
§ 5 Warranty and claims for damages
(1) Specifications and information in connection with the utilisation and suitability of the goods we supply are without engagement and shall not provide an entitlement to claim for damages.
Otherwise a guarantee is provided that the goods were of approximately the agreed upon appearance and workmanship upon submission, i.e. were free of material defects. This means that the items are suitable for the use drawn up in the contract or standard use and prove to be of the appearance and workmanship that is standard for the same type of items and which the customer may expect in connection with said item and/or from our specifications, or the specifications of the manufacturer respectively. Properties of the goods according to our specifications, the marking or advertisement only then comply with the agreed upon properties when the latter has expressly been mentioned in the offer, has been confirmed by us in writing or identified as such in the order confirmation.
(2) The warranty period for new items is 24 months. The deadline begins upon transfer of risk. The warranty period for second-hand items is one year. If the customer is a businessman in the terms of § 14 German Civil Code, the guarantee period for new items is one year and for second hand items six months starting upon transfer of risk.
(3) Defects and damages that may be traced to the culpable or improper treatment or improper installation and the use of unsuitable accessories or to modifications made to original parts by the customer or by a third party not commissioned by Tube Amp Doctor Musikhandels GmbH are also excluded from guarantee.
(4) Natural wear and tear is also excluded from warranty.
(5) If the customer accepts the goods or the object of the order despite knowing of a defect, he/she shall only be entitled to the extent of warranty as drawn up if he/she expressly reserves the right to do so in writing immediately upon receipt of the goods.
(6) The customer shall only be entitled to warranty claims for existing transportation damages if said customer has complied with his/her commitment to examine and notify the supplier. The customer shall check the consignment immediately for transportation damages and shall notify the forwarder or Tube Amp Doctor Musikhandels GmbH correspondingly. The latter does not apply if the customer is consumer in the terms of §13 German Civil Code.
(7) Otherwise warranty is dealt with according to the statutory regulations.
(8) All computer articles and all parts subject to wear and tear such as strings, illuminants, spotlights, faders, sticks, accumulators or batteries, all tubes, even if installed etc. are excluded from the property or durability guarantees, as they are subject to wear due to usage or to subject to natural wear and tear.
(9) The company Tube Amp Doctor Musikhandels GmbH is solely liable for other damages than those resulting from injury to life, body and health if such damages can be traced to intentional or grossly negligent acts or to culpable violation of an essential contractual obligation by Tube Amp Doctor Musikhandels GmbH or its vicarious agents (e.g. the delivery services) of the company Tube Amp Doctor Musikhandels GmbH. Liability, particularly for damages which have not occurred to the goods themselves and for other financial losses is excluded, provided the damages are not solely due to slight negligence on our part. The limitation of liability does not apply to damages that have arisen due to the lack of a property which we had guaranteed. A further liability for damages is excluded. Provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is negligently violated, the liability of Tube Amp Doctor Musikhandels GmbH is limited to the ensuing damage that may be expected.
§ 6 Consumer information for distance selling contracts governing the acquisition of goods
a) We are not governed either by special codes of conduct or such codes as are not mentioned above.
b) You can detect possible input errors when entering your order in the final confirmation before cashpoint and may correct them at any time using the Delete and Change function before transmitting the order.
c) Please find the essential characteristics of the goods we offer, and the applicability of temporary offers in the individual product descriptions in the range of our Internet offers.
d) The language at disposal to conclude a contract is German.
e) Objections and complaints and guarantee claims may only be asserted to the address revealed in the supplier identification.
f) You can store the contract text on your computer by clicking on the right mouse key of your browser or print it via the print function of your browser. The text of the contract for orders made in our Internet shop is not accessible to third parties.
Furthermore, we store the contract text.
g) Please find information on payment, delivery or fulfilment in the offer.
h) You are informed in the Internet shop on the possibilities to recognise and correct input fields in the course of your order procedure.
i) a right of revocation is applicable only if the customer is a consumer with the meaning of the law.
§ 7 Data Privacy
You agree to our storing, processing and using the personal data transmitted in the course of your order for the purpose of executing your order. When a purchase contract has been concluded your personal data (Name and Address) is transmitted to us. The processing and storing of this data is carried out along the lines of statutory provisions of the Federal Data Protection Act and of the Tele Services Data Protection Act. Your data is not forwarded to third parties with the exception to the companies involved in the scope of implementing the contract. You are entitled to receive information, free of charge, on the data stored in connection with your person. You are entitled to revoke your approval of having your data stored whenever you deem fit with such revocation to take effect in the immediate future. In such cases please contact us under the address drawn up in the legal notice.
§ 8 Miscellaneous
Legislation of the Federal Republic of Germany is applied to the contractual relation between us and the customer and to the respective terms and conditions of business. Provided the customer is a consumer, the statutory regulations and rights applicable according to the law of the customer's country of residence are not affected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Exclusive venue is the District Court of our business location provided the customer is a businessman in the terms of the German Commercial Code or a corporation of public law. We also reserve the right to take action at the customer's residence.
§ 9 Severability Clause
Should individual provisions of this contract be completely or partially inoperable or become inoperable at a later time, the validity of the remaining provisions of this contract shall not be affected.
GUARANTEE for TAD-Premium-TUBES
We would like to deal with and handle possible guarantee services promptly, obligingly and in an uncomplicated manner for you. The following "rules of the game" would not only be of help but are necessary:
1. TAD-Premium-Tubes are guaranteed to be free of material and manufacturing flaws that impair the operability or quality. Guarantee applies for 6 months as from purchase date.
2. Tubes of other labels, wear parts, i.e. all components that are installed in other devices, lose their guarantee upon installation or start-up in the external device. The statutory claims under guarantee remain unaffected.
3. There is no claim for guarantee in case of glass breakage, glass flaws or burned heating filaments
4. The claim under guarantee for TAD end phase tubes expires upon unprofessional utilisation of the tubes.
5. Guarantee for TAD output tubes is granted for complete duets, quartets etc. Return consignment therefore have to contain complete sets. The guarantee is limited, as we decide and deem to be correct, to repair, replacement or compensation of purchase price. Further claims are excluded.
6. Each return consignment shall include a copy of the respective invoice or a receipt together with an error description that is as precise as possible. Replacement in advance is principally not possible.
7. Return consignments shall be sent carriage paid. Consignments carriage forward cannot be accepted. Please contact our Service Team should any uncertainties arise.
All the trade names in this catalogue which are identified by the Registered Trademark ® are indeed registered trade names of the respective owner of the trademark. There is no legal connection to Tube Amp Doctor Musikhandels GmbH.