General Terms and Conditions: Distance Sales
Consumer Information about the conclusion of distance sales contracts
and additional information about digital business transactions
The following information is valid only for consumers and does not constitute a contractual provision. The contractual provisions are defined solely by the General Terms and Conditions (“Allgemeine Geschäftsbedingungen”). This consumer information and the General Terms and Conditions will be provided to the buyer at the latest with the seller’s confirmation that the order has been received. Any buyer may also print, download or save the information at any time via the seller’s website.
1. Seller’s identity and address
cma audio GmbH
Münchener Str. 21
82131 Gauting
Deutschland
CEO: Christof Mallmann
Company register: District Court of Munich, HRB 144 597
Phone: +49 (0) 89 97 880 38 0
Fax: +49 (0) 89 97 880 38 0
Email: gmbh@cma.audio
VAT ID: DE 224651900
2. Language
The designated language of any contract entered into is German. The German-language version of the Terms and Conditions applies.
3. Contract Conclusion
The display of goods in the online shop does not constitute a binding offer on the part of the seller. The display of goods in the online shop is an invitation to the buyer to make the seller a binding offer by submitting an order.
Prior to submitting an order, the buyer has the option to register and to create a user account to store the data necessary to process the contract.
By clicking the appropriate buttons, the buyer may place the goods in the “shopping cart”, allowing the buyer to select individual products that can be ordered later. By clicking on the relevant button to finalise the order, the buyer submits a binding order for the goods contained in their shopping cart. The General Terms and Conditions must be expressly accepted as part of the contract of sale by clicking the appropriate button before the button to finalise the order.
The seller will confirm by fax or email and without delay the receipt of the order made by the buyer. This automated confirmation of the receipt of the order does not constitute a binding acceptance of the order. Rather, it merely informs the buyer that the order has been received by the seller. Appended to the order receipt confirmation are the General Terms and Conditions and this information for consumers. The contract of sale arises from both (1) the order made by the buyer and (2) the explicit acceptance of the order on the part of the seller, or alternatively the dispatch of the goods by the seller.
4. Correction of data entry mistakes
Before submitting the order, the buyer has the opportunity to review a summary of the contractual data and to correct any mistakes made during data entry by using the appropriate function.
5. Storage of and access to the text of the contract of sale
The buyer can save the text of the contract, i.e. all data relating to the contract, while submitting the order by using the “Save As” command in the “File” menu of the buyer’s browser. The text of the sales contract can be printed by the buyer by navigating to the browser’s “File” menu and clicking the “Print” command.
The General Terms and Conditions and this information for consumers can be printed or stored in a retrievable form via the seller’s website by clicking on the link to the General Terms and Conditions and then selecting “Print” or “Save”.
The text of the contract of sale is stored by the seller and will be provided to the buyer on request at any time free of charge via email.
6. Essential characteristics of the goods
The essential characteristics of the goods offered and the end date of any time-limited offers are provided in the product description of the respective products in the online shop.
7. Conditions and restrictions
In the event that the ordered goods are not available for dispatch or that dispatch is delayed despite the seller having previously concluded a contract of sale with a supplier, the buyer will be informed without delay. The buyer has the choice of waiting for the ordered goods to be delivered or to cancel the order/withdraw from the contract. Should delivery of the goods prove impossible, both parties are entitled to withdraw from the contract. In this event, any payments received from the buyer will be returned without delay.
8. Pricing
Prices current at the time of ordering will apply. The seller reserves the right to alter the prices displayed in the online shop before the contract of sale is concluded. If prices change after the order has been submitted, the declaration of the seller that the order has been accepted constitutes an alterable offer to conclude a sales contract; the contract of sale is only concluded through the subsequent and express acceptance of the buyer. All prices are gross prices including Value Added Tax. Payment will become due in full at the moment the buyer receives the seller’s declaration that the order has been accepted.
9. Costs for Shipping and Payment
Any additional costs arising through the chosen payment method (e.g. credit card) will be displayed at the beginning of the ordering process.
Payment of the total price of the goods will be processed using a payment method selected by the buyer from those offered in the online shop.
Additional shipping costs will be clearly shown to the buyer on the ordering page and are accessible via the “Shipping Costs” link.
10. Consumer’s right of cancellation
Returns policy
You, the buyer, have the right to cancel the contract of sale within 14 days. You do not need to state a reason for cancelling your order. The 14-day period begins from the day on which you or a third party authorised by you (but who is not the deliverer of the goods) take receipt of the goods. To exercise your right of cancellation, you must inform us of your decision in a clear, unequivocal way, e.g. via letter, fax or email. To cancel the order, it is sufficient that you send us notice of your intention to cancel the order within the 14-day cancellation period. Your notice of intent to cancel your order must be sent to:
cma audio GmbH
Münchener Str. 21
D-82131 Gauting
Phone: +49 (0) 89 97 880 38 0
Fax: +49 (0) 89 97 880 38 0
Email: gmbh@cma.audio
Consequences of your cancellation of the order
If you cancel the order, we are obliged to return all payments received from you including delivery costs (excepting additional costs resulting from your decision to use a form of delivery different to the standard, cheapest form offered by us) without delay and at the latest within fourteen days from the day on which we receive your notice of intent to cancel the contract. We will return the payment using the same method you used during the original transaction unless we enter into a specific agreement with you to use a different method. We will not levy any additional charges for returning your payment.
We have the right to refuse to return your payment until the goods have been returned to us or until you have delivered proof to us that you have dispatched the goods back to us, whichever is received earlier.
You must hand over or dispatch the goods to us without delay, at the latest within 14 days of having informed us of your intent to cancel your order. The time limit is deemed to have been fulfilled if the goods are dispatched to us within the time limit of 14 days.
You agree to carry the costs incurred in returning the goods to us.
You will be required to pay for any loss of value incurred to the goods only if the loss in value is not incurred in a way necessary for you to assess the quality, characteristics or functions of the goods.
End of statement concerning our order cancellation policy
11. Shipping costs of returning goods when cancelling your order
You agree to carry the costs incurred in returning the goods to us.
12. Codes of Practice
The seller is not subject to any specific codes of practice.
13. Warranty
For issues concerning warranty, we refer you to our General Terms and Conditions.
Version: June 2014
