General Business Terms and Conditions of 11ecom GmbH
1. Scope of application, contractual partners
These General Business Terms and Conditions apply to contracts for the purchase of goods and provision of services by 11ecom GmbH to its non-professional customers, i.e. consumers as defined in art. 5.3.
2. Duty of information for online orders and contracts
2.1 The contractual partner of the customer is 11ecom GmbH, Stolberger Str. 368, 50933 Köln, Germany, telephone +49.221.98861372, e-mail: firstname.lastname@example.org,Email: email@example.com, HRB 81983 AG Köln, VAT-ID: DE295924846,, represented by its managing director Stefan Röschinger. The company does not operate agencies in other EU member states. 11ecom GmbH is hereafter referred to as "11ecom". Any possible complaints regarding the products or services should be addressed to 11ecom, who will ensure that these complaints are dealt with in a timely and correct manner.
2.2 The essential features of the goods and services are detailed in the description of the respective item, and can be called up during the order transaction. 2.3 11ecom reserves the right to withdraw from a contract, if, due to no fault of its own, it is unable to supply the ordered good, as its subcontractors have failed to meet their obligations.
2.4 The contract is entered into in the following ways: The order is made through the online shop in one of the languages available there. The order constitutes an offer to 11ecom to enter into a purchasing contract. The customer receives an initial confirmation that the order has been received. This confirmation is not a confirmation of completion of the contract. A contract is only concluded, if the order is accepted by e-mail notification to the customer. 11ecom undertakes to dispatch the ordered goods/provide the ordered service within a period of five days, except where it is indicated otherwise in the order confirmation. The contract can be concluded in German, English, Dutch and French. If the contract is concluded in another language than German we inform the costumer that only the German version of these terms and conditions is valid
2.5 The prices quoted on the website include VAT at the applicable rate. The costs for packaging and postage costs as well as any applicable import duties shall be payable by the customer.
2.6 Unless specified differently, all information provided by 11ecom is valid at the time of visit of the website by the customer, as product and service details, offers and prices published by 11ecom are constantly updated.
3. Cancellation instructions
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason.
This period begins on the day of receipt of the goods by you or a party appointed by you other than the shipping contractor.
To cancel your order, you must notify
of your decision by post, fax or e-mail, stating clearly that you wish to withdraw from the contract. To do this, you can use the enclosed cancellation form.
Cancellations can also be made through our website www.shure-shop.eu/en/right-of-cancellation where you also find an electronic cancellation form. If you cancel your order through the website, we will send you a confirmation of receipt of your cancellation (by e-mail). To cancel an order, it is sufficient to notify us within the cancellation period.
Effects of cancellation
In the case of effective cancellation, we shall refund you all moneys received, including shipping costs (with the exception of additional costs that have arisen from your decision to opt for a delivery method other than the offered, cheaper standard shipping method) within maximum 14 days from the date at which we have received your cancellation notification. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the refund to you until we have received the returned goods or proof that the goods have been returned, whichever is the earlier.
You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the date of your order cancellation. The deadline is met if you dispatch the goods before the period of 14 days has expired.
All direct costs for the return of the goods shall be paid by you.<br/ In the event of deterioration of goods, you are only required to pay compensation if the deterioration is the result of any product use that goes beyond the inspection of characteristics and function.
– End of cancellation instructions –
Exceptions: The right of cancellation shall not apply to goods that have been produced according to customer specifications or that have been customized to meet individual requirements. Also excluded are goods which are unsuitable for a return for reasons of the protection of health or hygiene, sealed goods if their sealing was removed, and audio, video and software products where the packaging seal of the storage device has been broken by the purchaser. For example, the products of the SE series (all versions of SE215, SE315, SE425, SE535 and SE846) are excluded from return for hygienic reasons if the earmolds have been removed from their packaging.
Returns handling: To ensure speedy handling of you cancellation, we kindly ask you to return the goods in the original packaging including all packaging parts, or in other suitable transport packaging. We recommend requesting a signed receipt for the goods from the shipping company service handling the return. This receipt should be kept until the returns procedure is completed. Please note that the modalities named in this paragraph are not a precondition for an effective execution of the right of cancellation.
11ecom GmbH – Cancellation form
(To cancel your order, please complete the form and return it to us.)
Send cancellation form to:
Stolberger Str. 368, 50933 Köln
Tel.: +49 221 9886 1372
We/I (*) herewith cancel the purchase order of the following goods
Date of order (*)/receipt of goods (*): ___________________________________________________
Order no.: _________________________________________________________________________
Name(s) of consumer(s): _____________________________________________________________
Address of consumer(s): _____________________________________________________________
Date, signature of consumer(s)
(*) please cross out sections that do not apply.
4. 30 days money-back guarantee
4.1 In addition to the legal 14-days cancellation period mentioned in chapter 3 we grant our customers, who are consumers, upon expiry of the 14-days cancellation period a money-back guarantee for another 16 days (30 days in total) according to the following provisions. This is an additional accommodation of our company in the benefit of our customers and does not constitute a right of cancellation as defined in art. 3. In the whole period of the 30 days money-back guarantee the consumer has the right to return the goods purchased in our online shop without giving any reason by submitting the invoice and sending the goods back.
4.2 The 30 days period begins after receiving this admonition in writing (e.g. by post, telefax, e-mail), the goods and the performance of all information obligations in distance marketing and e-commerce (see chapter 3). The deadline is met if you inform us in writing about your decision to withdraw from the contract and dispatch the goods before the period has expired.
4.3 In the period from day 1 to day 14 the money-back guarantee will be effected only according to the conditions of the right of cancellation mentioned in the legal cancellation policy in chapter 3 (see there). The conditions mentioned in chapter 4 of these terms and conditions only apply to the subsequent 16 days.
4.4 All direct costs for the return of goods shall be paid by you. To ensure speedy handling of your cancellation, we kindly ask you to return the goods in the original packaging including all packaging parts, or in other suitable transport packaging.
4.5 You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the date of your return request. The deadline is met if you dispatch the goods before the period of 14 days has expired.
4.6 The 30 days money-back guarantee shall not apply to goods that have been produced according to customer specifications or that have been customized to meet individual requirements. Also excluded are goods that, due to their properties, are unsuitable for return delivery, or in case of delivery of sealed goods which are unsuitable for a return for reasons of the protection of health or hygiene if their sealing was removed, and audio, video and software products where the packaging seal of the storage device has been broken by the purchaser.
4.7 If the customer avails himself/herself of the possibility of the 30 days money-back guarantee, we are entitled to claim an adequate usage fee for the period of time the goods remained with the customer exceeding the 14-days cancellation period. Furthermore the customer availing himself/herself of the 30 days money-back guarantee upon expiry of the 14-days cancellation period has to substitute the impairment or the value of the goods insofar as he/she cannot return the goods properly because he/she is responsible for the deterioration, the destruction or any other impossibility. Besides the customer can avoid the obligation to pay a compensation by not treating the goods as his/her property and refraining from everything impairing the value.
4.8 If individual components of a bundle or set are returned within the 14-days cancellation period or the 30-days money-back guarantee period, the products remaining with the costumer will be charged at the regular prize.
5. Information on Ordering over Electronic Channels
5.1 In order to order goods from the 11ecom online shop, the customer first needs to find the goods in the website catalogue and place them in the "Shopping Cart". The shopping cart contains a list of all the goods that the customer has selected for purchase. Goods can be changed according to quantity or completely removed from the shopping cart.
5.2 Once the shopping cart contains all the goods required in the necessary quantities, the order transaction can be continued by pressing the relevant button. Subsequently, the customer will be asked for his invoice and delivery address, and the payment and shipment method desired. Prior to placing the final order, all the details of the order are displayed in summary and can be modified by the customer if required.
5.3 If the customer is a consumer, i.e. a natural person who enters into a legal transaction for purposes that are outside his trade, business or profession, he then has the option to read, print or save the General Business Terms and Conditions. After the customer has confirmed that he has read and accepted the General Business Terms and Conditions as part of the purchase contract, he can continue the order process.
5.4 The order becomes binding as soon as the customer has sent it. When the order is received, the customer is issued a confirmation including these General Business Terms and Conditions.
5.5 The order details including the personal data entered by the customer is electronically stored by 11ecom.
6. Payment terms and retention of title
6.1 Upon entering into a purchase or service contract, the customer is obliged to pay the purchase price, service fee or license fee.
6.2 The preferred method of payment is by credit card. For payment by credit card, the customer authorizes 11ecom to deduct the amount due from his credit card or by means of online banking transfer.
Alternatively, we accept PayPal. Giropay and Sofortüberweisung are only available for payments in Germany and Ideal is additionally available for payments in Belgium and the Netherlands.
6.3 Until full payment is made, the goods and service remain the property of 11ecom. In the event that the purchase price is not paid in full, the customer must inform 11ecom immediately and in writing of this fact.
This also applies to cases where the goods are subject to claim by a third party or are otherwise exposed to interference by a third party. In goods subject to retention of title are resold, the customer agrees to assign all claims from the resale to 11ecom, irrespective of whether these have arisen prior to or after processing of the goods.
7. Shipping and delivery terms
If goods are to be shipped to the customer\\'s delivery address, the customer shall pay all delivery costs and import duties, where applicable. Delivery is by Delivered at Place (DAP). The packaging and/or shipping costs can be calculated by the customer online when placing the order from the online shop.
8. User name / password / customer code
8.1 Upon acceptance of the order, 11ecom activates a user account for the processing of orders and payments and informs the customer of the account details, as soon as he has entered his address. A user ID, password and if required a customer code are setup within the bounds of this and provided to the customer. This information serves to identify and authorize the customer and may only be used by the customer himself. The customer is obliged to handle the information with all due care and confidentiality and protect it from access by third-parties.
8.2 If the customer suspects that his data is being used by a third party without his consent, he must immediately notify 11ecom so that the respective account can be blocked.
8.3 In the event of default in payment, revocation of the direct debit authorization, blocking of the specified bank account or expiry of the credit card, 11ecom is entitled to close the user account of the customer.
9. Warranty and liabilit
9.1 If the products’ quality does not comply with the product descriptions published by the manufacturer, the customer is entitled to a rework, repair or replacement at no charge. If reworking, repair or replacement cannot be made successfully within a reasonable period of time after delivery, the customer shall be entitled to withdraw from the contract or demand a reduction in price.
9.2 Unless specified otherwise below, any other claims by the customer, on whatever grounds, shall be excluded. 11ecom shall not be liable for damage other than damage to the delivered goods. In particular, 11ecom shall not be liable for loss of earnings or other damage to the property of the customer. The limitations regarding liability on the part of 11ecom also apply to the personal liability of its employees, representatives and agents.
9.3 The above limitation of liability shall not apply in cases where damage has been caused intentionally or as a consequence of gross negligence, or where personal injury has been caused. The limitation of liability shall not affect the customer\\'s legal rights.
9.4 In the event of 11ecom breaching its contractual obligations due to negligence, compensation for damage to property shall be limited to typical damage.
9.5 If the packaging of the goods is obviously defective or damaged, the customer must immediately notify the transport firm or courier service.
9.6 If the complaint is without foundation and the goods are free of defects, 11ecom shall be entitled to charge the customer a shipping and inspection charge of EUR 40. If the customer can prove that the actual costs were higher or lower, the charge shall be adjusted accordingly. In all cases, the customer shall pay the shipping costs.
10. Data protection
11. Applicable law and jurisdiction
All contracts between the customer and 11ecom, including liability and warranty claims, shall be governed by German law to the exclusion of the UN Sales Convention. This does not affect mandatory provisions of the country in which non-professional customers, i.e. consumers as defined in art. 5.3, have their habitual residence, if this country is a member state of the European Union. Local laws of the country, where the consumer resides, may also be applicable if they represent mandatory consumer legislation.
If the customer is a consumer without a domicile in an EU member state, the courts of the Federal Republic of Germany will have exclusive jurisdiction to hear any claims raised against 11ecom, including disputes concerning the validity and/or applicability of these General Terms and Conditions. In all other cases, the territorial jurisdiction will be determined by the applicable European and national legislation.
Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr
12. Salvatory Clause
If any provisions of these General Terms and Conditions or of the contract between the parties should be void, non-viable or become non-viable, the validity of the contract in whole shall not be affected.
Only the German version of these terms and conditions is binding and crucial for their interpretation because the version in another language is only a translation of the version in German.