General terms and conditions of business
for the online sale and delivery of products from marketplaces and the webshop of 11ecom GmbH with registered office in Germany, Stolberger Str. 368, 50933 Cologne, Germany, entered in the Commercial Register, Cologne Local Court, HRB 81983. Sales tax identification number for the EU DE295924846 and GB327767860 for the UK.
§ 1 General
1. For business relations of any kind between 11ecom GmbH (hereinafter referred to as "11ecom") and the customer, the following General Terms and Conditions shall apply in their currently valid version for the online purchase and delivery of products.
2. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB).
3. "Products" means items that 11ecom markets through websites and marketplaces.
4. "Website" or "Websites" means.
i. https://shure.com/de-DE for deliveries to Germany and Austria
ii. https://shure.com/nl-NL for deliveries to the Netherlands, Luxembourg and Belgium
iii. https://shure.com/fr-BE for deliveries to the Netherlands, Luxembourg and Belgium
iv. https://shure.com/nl-BE for deliveries to the Netherlands, Luxembourg and Belgium
v. https://shure.com/fr-FR for deliveries to France
vi. https://shure.com/it-IT for deliveries to Italy
vii. https://shure.com/es-ES for deliveries to Spain
viii. https://shure.com/pl-PL for deliveries to Poland
ix. https://shure.com/de-CH for deliveries to Switzerland
x. https://shure.com/fr-CH for deliveries to Switzerland
xi. https://shure.com/en-GB for deliveries to Great Britain
xii. https://shure.com/en-EU for deliveries to EU countries other than those mentioned above
5. "Marketplace" means
6. „Webshop“ means:
7. Unless otherwise agreed, the inclusion of the customer's own terms and conditions, if any, is objected to.
§ 2 Conclusion of the contract
1. The presentation of the products on the websites and marketplaces do not constitute a legally binding offer, but only a non- binding online catalogue of the range of goods.
2. The conclusion of a contract through the execution of an order via a marketplace is subject to the provisions and procedures of the respective marketplace provider.
3. By clicking the button "Checkout" on one of the websites, the articles for ordering are placed in the shopping cart of the webshop of 11ecom.
4. In detail, the customer goes through the following technical steps when placing an order in the web shop:
o Clicking on the "checkout" button in the shopping cart of a website
o Forwarding to general order overview page (webshop checkout), on which the individual purchase steps are run through in the following:
o Step 1 Entering the "Billing address" or "Delivery address".
If the billing and delivery address are not identical, the customer can enter a "different delivery address" by clicking the checkbox.
o Step 2 Selection of "Payment method" and "Shipping method
Selection of the "Payment method" by clicking on the desired payment method according to § 3 paragraph 4.If an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer, or similar) has been selected as the payment method, the customer will either be taken to the webshop order overview page or be redirected to the website of the instant payment system provider. If the customer is redirected to the respective instant payment system, he/she makes the corresponding selection or enters his/her data.
Selection of the "shipping method" by clicking on the desired shipping method.
Depending on the shipping method, the customer can specify whether his contact details may be passed on to the shipping service provider.
o Step 3 Order overview In the next section "Order overview", all order data and the total price are displayed in an overview; if the customer pays with an instant payment system, the order overview is displayed on the provider's website, depending on the provider; by clicking on "Switch to start page", it is possible to change the contents of the shopping cart. If available, a voucher can be redeemed.
The customer reaches the individual order steps listed via the common functions of his Internet browser.
5. By clicking the "Buy now" button, the customer places a binding order for the goods contained in the shopping cart. A confirmation of receipt of the order follows immediately after sending the order. The purchase contract is only concluded with our separate order confirmation. The text of the contract will be saved and the order data and the general terms and conditions will be sent to the customer by e-mail.
6. 11ecom offers products that are intended exclusively for professional use. These products are identified by an additional article designation "PRO" (e.g. SE215 PRO) or the note "For professional use only" on the websites. According to current EU regulations on volume limitation, these products are intended exclusively for professional use and may not be used by private consumers. Ordering these products is therefore only possible for companies stating their company name and VAT identification number.
7. 11ecom reserves the right not to provide the promised service if it turns out after the conclusion of the contract that the goods are not available, although a corresponding obligation transaction was concluded, or consumers or companies with an invalid VAT identification number have ordered products that are intended exclusively for professional use. In such a case, the customer will be informed immediately. Any consideration already paid will be refunded immediately. Further claims against 11ecom are excluded.
§ 3 Prices
1. The product price stated on the website and in the web shop is given in GBP for deliveries to the UK, in Zloty to Poland, in CHF to Switzerland and in EURO to other EU countries and includes the respective country-specific value added tax ("VAT"). The percentage and amount of VAT will be stated on each invoice.
2. The product price does not include transport or shipping costs. The customer may have to bear the transport and shipping costs of the products in accordance with § 4.
3. If the customer makes use of his legal right of withdrawal, he has to bear the normal return costs if the product shipped corresponds to the product ordered and the price of the product to be returned is less than forty (40) EURO.
§ 4 Delivery
1. Delivery is made to the following countries:
Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Switzerland.
2. The following regions of the above countries are excluded from delivery:
Faroe Islands, Greenland, Gibraltar, Guernsey, Isle of Man, Jersey, Vatican, Canary Islands, Overseas Islands, as well as enclaves of the above mentioned countries.
3. 11ecom reserves the right not to provide the promised service if it becomes apparent after conclusion of the contract that a delivery address to other countries or excluded regions has been submitted. In such a case, the customer will be notified immediately. Any payments already made will be refunded immediately. Further claims against 11ecom are excluded.
4. If the customer is an entrepreneur (§ 14 BGB), the delivery is always made at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item shall pass to the customer only upon handover of the item, even in the case of a mail order purchase. It is equal to the handover if the buyer is in default of acceptance. Delivery shall be made to the delivery address specified by the customer.
5. Shipping costs per order in the webshop
i. 2,90 Euro for delivery within Germany, from an order value of 100,00 Euro we ship free of charge within Germany.
ii. 4.95 GBP for delivery within the UK, from an order value of 50.00 GBP we ship free of charge within the UK.
iii. 15.00 CHF for delivery to customers in Switzerland, there are no additional customs duties and fees for customers in Switzerland.
iv. 29,00 Zloty for delivery to customers in Poland, from an order value of 250 Zloty we ship to Poland free of charge.
v. 5,95 Euro for delivery to other countries of the European Union, from an order value of 50,00 Euro we ship free of charge within Europe.
6. Shipping costs for other deliveriesFor deliveries to countries outside the regions mentioned under §4 paragraph 1 and to the regions mentioned under §4 paragraph 2, additional transport costs, customs duties or fees are incurred by the customer.
7. Unless otherwise stated in the respective offer, the delivery of the goods in Germany will be made within 2 - 3 working days, for international deliveries within 5 - 7 working days after conclusion of the contract (in case of agreed prepayment after the date of your payment instruction). Please note that on Sundays and public holidays and, depending on the shipping service provider and country of delivery, also on Saturdays no delivery will be made.
Due to force majeure and restrictions of the shipping service providers, e.g. due to special weather conditions, pandemics or other crises, delivery may be delayed in exceptional cases. The seller shall not be in default as a result of this.
8. The goods must be inspected for transport damage immediately upon receipt by the customer or his agent if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant in the sense of the German Commercial Code (HGB), must have the transport company confirm detectable transport and packaging damage in writing upon acceptance of the goods and report this to 11ecom. We ask customers who are consumers, without legal obligation, to also notify us of obviously detectable transport damage.
§ 5 Legal right of withdrawal
-- Commencement of the revocation --
1. Right of withdrawal
As a consumer (§ 13 BGB) you have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise the right of withdrawal, the customer must inform us (11ecom GmbH, Stolberger Str. 368, 50933 Cologne, Germany, telephone: 00800 - 28974873, e-mail: email@example.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. For this purpose, he may use the enclosed model cancellation form or the online cancellation form, which are, however, not mandatory.
In order to comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the cancellation right before the expiry of the cancellation period.
2. Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 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.
We bear the costs of returning the goods, except for costs for express deliveries (i.e. if the standard delivery was not chosen). 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 checking the quality, characteristics and functioning of the goods.
-- end of cancellation policy --
3. Exclusion of the right of withdrawal
The right of withdrawal does not apply to
i. Delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
ii. Delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
iii. Delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
iv. Supply of newspapers, periodicals or magazines with the exception of subscription contracts.
In order to ensure the fastest possible processing, the customer is requested to return the complete goods in the original packaging, if possible, or at least in appropriate transport packaging and with all packaging components. It is advisable to obtain a signed acknowledgement of receipt from the transport company responsible for the return and to keep this. Please note that the modalities mentioned in this paragraph are not a prerequisite for the effective exercise of the right of withdrawal.
11ecom GmbH - Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To: 11ecom GmbH, Shure Webshop, Stolberger Str. 368, 50933 Cologne, Germany Email: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Date, signature of the consumer(s)
(*) Delete as applicable.
§ 6 Warranty and compensation
1. Defects or damage resulting from culpable or improper handling or improper installation as well as the use of unsuitable accessories or modifications to the original parts by the customer or a third party not commissioned by 11ecom are excluded from the warranty.
2. Wear and tear due to use is also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves the right to do so in text form (e.g. e-mail) immediately after receipt of the goods.
4. The customer shall only be entitled to warranty claims due to existing transport damage if he has complied with his obligation to inspect and notify in accordance with § 5 number 7. This does not apply if the customer is a consumer.
5. The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used items is 12 months, unless 11ecom is subject to unlimited liability pursuant to § 6 number 7, in particular for injury to life, body and health. If the customer is an entrepreneur, the warranty period for new items shall be one year and for used items six months from the transfer of risk, unless 11ecom has unlimited liability pursuant to § 6 number 7, in particular for injury to life, body and health.
6. In all other respects, the warranty shall be governed by the statutory provisions.
7. 11ecom shall only be liable for damages other than those resulting from injury to life, limb and health if these are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by 11ecom or a vicarious agent (e.g. the delivery service) of 11ecom. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is violated negligently, 11ecom's liability shall be limited to the foreseeable damage.
§ 7 Due date and terms of payment
1. Unless expressly agreed otherwise in writing, payment shall be made by one of the payment methods indicated in the web shop, without prejudice to the provisions of § 7.5.
2. The payment in marketplaces is made to the marketplace operator with the offered payment methods of the marketplace operator.
3. The payment methods offered in webshops may vary depending on the country of the customer, accepted payment methods are:
ii. Amazon Pay via Stripe
iii. Giropay via Stripe
iv. Credit card via Stripe
v. SOFORT (Klarna) via Stripe
vi. Installment purchase (Klarna) via Stripe
vii. Invoice (Klarna) via Stripe
viii. Paydirekt via Stripe
ix. Google Pay via Stripe
x. Apple Pay via Stripe
xi. iDeal via Stripe
xii. Bancontact via Stripe
xiii. EPS via Stripe
xiv. Przelewy24 via Stripe
4. Payment via Klarna
When paying via Klarna, Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment options invoice, installment purchase and SOFORT. The payment is made to Klarna in each case:
The payment period is 14 days from the date of dispatch of the goods. The full invoice terms for the countries where this payment method is available can be found here:
ii. Installment purchase:
With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the payment by instalments service, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account).
iii. SOFORT Sofortüberweisung:
Available in Germany and Austria. Your account will be debited immediately after placing the order.
iv. The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).
vi. The release of a payment via Klarna by Stripe can take 5-7 business days. The delivery period begins and the delivery of the order takes place after the release of the payment.
5. If the customer decides to settle the amount due with a third party credit card or via an electronic payment system, the terms and conditions of the card issuer or bank shall apply. 11ecom is not a party to the relationship between the customer and the card issuer or bank. In addition, an outside payment processing partner will facilitate the Customer's payment through the Customer's credit card issuer or bank. 11ecom does not process payments from customers and only uses data related to those payments from customers provided by those third parties. Charging your credit card account at the conclusion of the contract. We reserve the right to verify the identity of the cardholder. To ensure that your credit or debit card is not used without your consent, we will check the information you provide during the checkout process (name, address and other personal information) against the information on file with the card provider and integrator. By accepting these terms and conditions you agree that such checks may be carried out.
6. In the event of late payment, the Customer shall additionally pay default interest in the amount of one and a half (1.5) times the statutory annual interest rate, calculated from the first day after the expiration of the agreed payment period. 11ecom reserves the right to claim further damages due to this late payment.
§ 8 Retention of title
1. Until full payment of all claims against the customer, including all existing ancillary claims, the delivered goods remain the property of 11ecom, provided the customer is a merchant in the sense of the German Commercial Code (HGB). In the case of contracts with consumers, 11ecom retains ownership until the purchase price has been paid in full.
2. The customer is not entitled to sell the goods to third parties or to take other measures that endanger 11ecom's ownership until the purchase price has been paid in full. The customer hereby assigns to 11ecom its future claims against the purchaser in the amount of the purchase price agreed upon between 11ecom and the customer, including interest and ancillary claims. 11ecom accepts this assignment.
§ 9 Place of performance and jurisdiction
1. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the event that the Buyer is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
2. The place of performance for all services arising from the business relationship with 11ecom GmbH is Cologne, Germany, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.
§ 10 Alternative Dispute Resolution
The seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.
§ 11 Final provision
Should any of these provisions - for whatever reason - not be applicable, this shall not affect the validity of the remaining provisions.