| 4 Duty to provide information | ||
| 4.1 | To order products the customer must enter the data required to fulfill the order. When registering the customer is obliged to provide truthful information. In the event of any change in the requisite data provided by the customer, and in particular in the event of any alteration in the rights of representation vested in persons authorized by the customer to place orders, the customer is obliged to notify DATASOUND in writing immediately. | |
| 4.2 | Should the customer fail to provide information or should false information be provided at the outset, DATASOUND may withdraw from any contract which may already exist. Notice of withdrawal may be given by e-mail. | |
| 4.3 | The customer must ensure that any e-mail account specified is reachable with effect from the time that it is specified and that receipt of e-mail messages is not impeded by forwarding, closure of the account or an overfilled mailbox. | |
| 4.4 | Information provided within the meaning of the above Section 4.2 will be presumed erroneous if an e-mail addressed to the customer is returned three times in succession or contact cannot be made due to an incorrect address. | |
| 5 Consumer contracts: right of cancellation | 5.1 | If the customer is a private individual (a consumer), he or she has the right to cancel the contract without specifying reasons within a period of two weeks after receipt of the goods or services by making a corresponding declaration to DATASOUND in written form (by letter or by e-mail) and/or returning the items to DATASOUND in their original condition. In order to comply with the deadline it is sufficient to send notification in good time to DATASOUND GmbH, Rheinuferstr. 9, 67061 Ludwigshafen, Germany |
| 5.2 | In the event of cancellation DATASOUND will refund the purchase price in full as soon as the items are returned by the customer in their original packaging, identified with the name and address of the customer. Returns are in all cases made at the customer's risk. For orders with a value of up to EUR 40.00 the cost of returning the items must be borne by the customer; for orders valued at over EUR 40.00 DATASOUND will bear the cost of the return shipment. This shall not apply to defective goods or goods supplied in error; in such cases the return costs will always be borne by DATASOUND. When damaged or used goods are returned, DATASOUND reserves the right to demand compensation for any reduction in value over and beyond that incurred in due and proper utilization and for the value represented by the use of the goods. Where appropriate, claims for compensation will be set off against the purchase price paid. | |
| 5.3 | The right of cancellation shall not apply in the following cases:
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5.4 | An unrestricted right of return within the meaning of § 356b of the German Civil Code is not accepted. |
| 6 Delivery, prices, transfer of risk, reservation of ownership | ||
| 6.1 | In the event that the promised goods or services are not available either because DATASOUND has not received the same from its suppliers/producers or because DATASOUND's stocks of the product concerned have been exhausted, DATASOUND shall be entitled to supply items which are equivalent in quality and price. Should it not be possible to supply items which are equivalent in price and quality, DATASOUND may disengage from the contract and need not supply the promised goods or services. In such event DATASOUND undertakes to notify the customer immediately of the non-availability of the items and refund any payment made by the customer forthwith. | |
| 6.2 | In the event that delivery dates cannot be complied with due to force majeure, e.g. mobilization, war, civil unrest or similar occurrences, e.g. strikes, lock-outs, etc., the deadlines shall be extended accordingly. | |
| 6.3 | DATASOUND will deliver the products ordered to the address in Germany specified in the order. | |
| 6.4 | Product list prices are inclusive of turnover tax at the respectively applicable rate. | |
| 6.5 | Even where goods are delivered freight paid, the risk transfers to the customer at the time goods are dispatched or collected. If dispatch or delivery is delayed for reasons for which the customer is responsible or if the customer for any other reason delays in accepting the goods, risk will transfer to the customer at the time of onset of the delay. | |
| 6.6 | Title to products supplied transfers to the customer upon payment in full of the purchase price. Should DATASOUND exchange products in implementation of a customer order, title to the returned products shall transfer to DATASOUND upon exchange and title to the products supplied in replacement shall transfer to the customer upon satisfaction of claims on the part of DATASOUND against the customer. | |
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