Terms and conditions
§1 Scope
For the business connections between BSM MEISER ELECTRONICS (Bernd C. Meiser, Saarpfalzstr. 4, D-66914 Waldmohr, Germany) and the customer solely these Terms & Conditions do apply. Contradicting or from these Terms & Conditions deviating conditions are only acknowledged when we express this explicitly in written form. You must be at least 18 years of age to order goods through BSM MEISER ELECTRONICS. By ordering the customer accepts our Terms and Conditions.
§2 Offer and Contract Conclusion
The presentation of our merchandise does not constitute a binding offer for sale. By ordering via Internet, email, phone or fax the customer makes a binding offer. We reserve the right to freely decide if we accept the offer. The acceptation is effected by an order confirmation or by consignment. If the customer does not receive an order confirmation or a consignment within two weeks he is no longer bound to his order. There is no minimum order value, offers are valid as long as stocks last. We do not accept liability for typographical errors or inaccurate information of any kind.
§3 Cancellation Policy
Right to cancel: You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us (BSM MEISER ELECTRONICS, Saarpfalzstr. 4, D-66914 Waldmohr, Germany, Fax: +49 6373-8967033, E-Mail: info@treblebooster.net) of your decision to cancel this contract by a clear statement (e.g. a Ietter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation: If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
If you wish to cancel the contract, then please fill out this form and return it to:
BSM MEISER ELECTRONICS
Saarpfalzstr. 4
D-66914 Waldmohr
Germany
Fax: +49 6373-8967033
E-Mail: info@treblebooster.net
§4 Delivery / Partial Delivery
Insofar as no other agreement has been reached, the delivery will be made ex works to the delivery address specified by the buyer. A delivery may take place within and outside the Federal Republic of Germany. Deliveries will as a rule be carried out by the logistics provider Deutsche Post or DHL inside as well as outside of Germany. All data regarding the availability, sending and delivery of goods are solely prospective data and rough guides. They do not constitute any legally binding or guaranteed deadlines for sending or delivery, except when this is expressly specified as a binding deadline in the delivery options of the goods in question. Should BSM MEISER ELECTRONICS determine during the processing of the order that the goods ordered are not available, the client will be specifically informed of such a case via email. A contract is not concluded in relation to unavailable goods. We are entitled to do partial deliveries. If a product you have ordered is unavailable for any reason you will not be charged for these goods and any money already debited from your account will be refunded. We will not be liable for disappointment or other losses suffered due to product unavailability.
§5 Prices and Payment
All prices on our website are listed in Euros, including of VAT and exclusive of packing and delivery. If nothing else has been agreed upon in writing, the payment is due within 14 days after sending out the goods. The assertion of a higher damage caused by delay remains reserved. For all orders we accept payment via wire-transfer to our IBAN bank account or PayPal.
§6 Shipping and Shipping Cost / PayPal fees
All the prices provided on the internet site of the BSM MEISER ELECTRONICS online store are to be understood as including the VAT that is legally applicable at the time. BSM MEISER ELECTRONICS informs the client of the respective delivery costs individually. The buyer must bear these costs. The individual shipping costs (depending on the product and the country the customer is living in) will be added to the product prices. For shipping we use DHL or Deutsche Post AG exclusively. For further details please see our shipping information.
§7 Passing of Risk When Shipping the Order
If, at the request of the purchaser, the merchandise is shipped then with the shipping to the purchaser, the latest when the merchandise leaves the premises of the factory/warehouse, the danger of an accidental loss or accidental deterioration of the merchandise is passed to the purchaser. This is independent if the shipping of the merchandise is done from the place of delivery or who pays for the shipping cost. BSM MEISER ELECTRONICS will not be liable for any losses, costs, damages, charges, or expenses caused by any delay or failure of delivery of the goods. BSM MEISER ELECTRONICS shall have no liability to you for any failure to deliver the goods you have ordered or any delay in doing so or for any damage or defect to goods delivered by any event or circumstances beyond our reasonable control. We will not be liable for goods lost during shipping. Insurance will be paid by the carrier if he determines the goods are lost. The amount of the insurance is determined by the carrier. BSM MEISER ELECTRONICS is not providing any insurance refunds, this is the responsibility of the carrier.
§8 Retention Of Title
We retain ownership of the goods until we have received payment from the customer in full. All credit and charge card holders are subject to validation checks and authorization from the card issuer. If we do not receive authorization we will not deliver the goods and will not be liable to you for delay or non-delivery. We are entitled to request the merchandise back if the customer acts contrary to contract. The customer is obligated to treat the merchandise well as long as the ownership has not been passed to him.
§9 Warranty / Merchandise Deficiencies
If despite all employed carefulness the delivered merchandise exhibits a deficiency that already was present at the time of passing of the risk, then we will, except where not notified in time, mend or exchange the merchandise. The customer is required to allow an adequate period of time for the rectification. If the rectification fails two times or more then the customer may cancel the purchase or demand a price reduction. Claims because of deficiencies of new merchandise become time-barred after 24 months after the customer received the merchandise (12 months for business-to-business transactions). Claims because of deficiencies of used merchandise become time-barred after 12 months after the customer received the merchandise (0 months for business-to-business transactions). Before any merchandise is sent back our confirmation is to be obtained. Claims because if deficiencies are not valid when the merchandise only varies slightly from the condition that was agreed upon, when the usability is only impacted insubstantially, when natural wear occurred or when damages occurred after the passing of risk which can be attributed to wrong use abuse, insufficient care, excessive strain, inappropriate operation or extraordinary external influences. If third parties make improper repairs, modifications or changes then no claims are valid for these or the resulting consequences. The client is obliged as far as is possible to use BSM MEISER ELECTRONICS's original packaging for any sending back of goods.
§10 Default
Should the client not accept the goods at the agreed place of delivery or not collect them within 8 days from the transport company's collection point, then BSM MEISER ELECTRONICS will grant the client a 14 day period of grace. Should the period expire without result, BSM MEISER ELECTRONICS can withdraw from the contract and make a claim for damages. Should the client be in default of payment, BSM MEISER ELECTRONICS can request late payment interest of an amount of 5% above the base rate. BSM MEISER ELECTRONICS reserves the right to claim a higher level of damages.
§11 Compensation / Withholding
The client is only entitled to compensation if his/her counterclaim is confirmed as legally valid or is unchallenged by BSM MEISER ELECTRONICS. The client is only entitled to exercise a right to withholding insofar as his/her counterclaim concerns the same contractual relationship.
§12 Data Protection
Any of the client's personal data which come to BSM MEISER ELECTRONICS's knowledge within the framework of a commercial relationship will be saved and, if necessary, transferred to affiliated companies and/or service providers for the purposes of processing the order. All data will of course be handled confidentially. The data is collected, saved and used by us in accordance with BSM MEISER ELECTRONICS's relevant applicable data protection regulations. These data regulations can be called up here in printable form.
§13 Liability
There is no limit to BSM MEISER ELECTRONICS's liability for willful intent. BSM MEISER ELECTRONICS is only liable for gross or basic negligence in the case of damage to life, limb, health or of a fundamental contractual obligation. Fundamental contractual obligations are such obligations which must be fulfilled in order for the aim of the contract to be reached and which the client trusts will be fulfilled and is entitled to trust will be fulfilled. In the case of the slightly negligent breach of fundamental contractual obligations, BSM MEISER ELECTRONICS's liability is limited to the amount of predictable, typically arising damages. The aforementioned limitations of liability all Liability in accordance with the Product Liability Act remains unaffected.
§14 Final Provisions
All contracts between BSM MEISER ELECTRONICS and the client are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The court of jurisdiction is Kusel/Germany. The Contract between BSM MEISER ELECTRONICS and the customer shall be the entire Agreement relating to the purchase of goods through BSM MEISER ELECTRONICS shop and shall be governed by German law and subject to the exclusive jurisdiction of the Courts of Kusel, Germany. Excluded is the UN treaty regarding commercial sales. If any provision is held to be not legally enforceable it shall not affect the remainder of the contract.
§15 Website Provider
The website offered under the domain name www.treblebooster.net is operated by: BSM MEISER ELECTRONICS, Saarpfalzstr. 4, D-66914 Waldmohr, Germany, represented by the CEO Steffi Meiser, phone: +49 6373-4879, fax: +49 6373-8967033, E-Mail: info@treblebooster.net
§16 Miscellaneous
If we elect not to enforce or to delay enforcement of any part of these Terms and Conditions of Sale it will not affect our right to enforce the rest of these Terms and Conditions. If any information is missing in this document or if any parts are not legally effective then the German law takes place of the ineffective clauses. We may change these Terms and Conditions at any time. You are advised to print and keep safe these Terms and Conditions.
Cancellation
If you wish to cancel the contract, then please fill out this form and return it to:
BSM MEISER ELECTRONICS
Saarpfalzstr. 4
D-66914 Waldmohr
Germany
Fax: +49 6373-8967033
E-Mail: info@treblebooster.net