Zum Himmerich 1
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) The customer can choose from our product range and collect them via the button "add to cart" in a so-called shopping cart. With the button "Checkout with Paypal" respectively "Place order" he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions and privacy notices by placing an appropriate tick and thereby included in his application.
(3) Afterwards we send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again and which the customer can print out via the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by us and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by us, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is saved while maintaining data protection.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
3. Prices, Payment and Payment Options
(1) Our prices include statutory VAT (for customers within the EU), but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop) or shall be paid cash on delivery, in each case upon receipt of an invoice.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 10 business days upon receipt by the Customer of the product and the invoice.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
(5) In addition to the favored payment method of bank transfer, we also accept payment by credit card or Paypal.
4. Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) Regardless of whether any product is indicated on the order form as „in stock“, we may sell such product at any time, provided that
a) the order form has included a notice as to the limited availability of the product or
b) an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order.
In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4, we shall be required to dispatch the product within a period of three weeks after the beginning of the delivery period pursuant to subsection 2.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as „not in stock“ or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply the products is not a result of our fault or negligence and we have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates. Notwithstanding the foregoing, if, we have agreed to carry out any assembly or installation work at the customer’s place, we shall timely complete such work and deliver the product to the customer at the time that has been contractually agreed upon.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by us to the carrier. If, however, we have agreed to carry out any assembly or installation work at the customer’s place, the risk shall pass to the customer upon completion of such work and delivery to the customer.
6. Retention of Title and Resale
We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified. Unless otherwise agreed, the warranty period shall be one year upon delivery of the Product.
(5) The expenses necessary for the purpose of the examination and supplementary performance, in particular transport, travel, labor and material costs as well as possibly removal and installation costs shall be borne or reimbursed in accordance with the statutory provisions if a defect actually exists. Otherwise, we may demand compensation from the buyer for the costs arising from the unjustified defect removal request (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the customer.
(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations that was caused by simple negligence the provider is only liable for the contractually typical, foreseeable damage, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(4) Insofar as we provide technical information or act as a consultant and this information or advice does not belong to the contractually agreed scope of services owed by us, this is done free of charge and with the exclusion of any liability.
(6) Any exclusion or limitation of liability in this Terms shall also apply to the benefit of our agents and servants.
(8) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
9. Special provisions regarding repair services
(1) The present General Terms and Conditions conditions apply mutatis mutandis for any repair services, as far as nothing else results from the following paragraphs.
(2) In accordance with the statutory provisions of the German Civil Code (Sec.633 et seq.), we provide guarantee for the contractual quality of our services in accordance with Sec. 7 above. An additional guarantee exists only if expressly issued.
(3) For the avoidance of doubt, it is pointed out that the warranty only relates to the functionality of the components repaired by us.
(4) Unless otherwise agreed, we are entitled to request reasonable advance payments at regular intervals.
(5) After completion of the service, the Customer will accept the service within a period of 2 weeks. After expiry of this period without notice of defects, the acceptance is deemed to have taken place. If the customer refuses acceptance because of not insignificant defects, he must notify us in writing, stating the defects. The customer will set a reasonable deadline for the removal of these defects.
10. statutory right of revocation
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model. Paragraph (2) contains a sample withdrawal form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation 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 goods.
To exercise your right of withdrawal, you must contact us (Michael Paschenda, MPAudio, Zum Himmerich 1, 65597 Hünfelden, email firstname.lastname@example.org) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not prescribed
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
In case of withdrawing from this Agreement, we have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment fees.
We may refuse repayment 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 immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
(2) The provider informs about the sample withdrawal form according to the legal regulation as follows:
sample withdrawal form
(If you want to withdraw the contract, please fill in this form and send it back.)
To: Michael Paschenda, MPAudio, Zum Himmerich 1
65597 Hünfelden, email :
I/we (*) hereby withdraw den contract regarding the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only when notified on paper)
(*)Delete as appropriate.
11. Data Protection
(1) In the following we inform about the collection of personal data in business transactions. Personal data means all data that is personally available to you, eg. name, address, e-mail addresses, payment details, ordered goods. Responsible person according to Art. 4 Abs. 7 DS-GVO is Michael Paschenda, MPAudio, Zum Himmerich 1, 65597 Hünfelden, email
(2) The data are collected, stored and, if necessary, passed on, as far as necessary to provide the contractual services. Therefore the collection, storage and dissemination is carried out for the purpose of fulfilling the contract and on the basis of Art. 6 para. 1 sentence 1 lit. b DS-GVO. Non providing this information may lead to the situation that the contract is unable to be closed. If we deliver goods to you, we will pass on your data to the commissioned shipping company, as far as needed for delivery.
(3) To ensure the protection of personal date we maintain current technical measure. These are adapted to be of state-of-the-art of the time.
(4) At any time affected persons have the right to request information about the personal data stored with them (Art. 15 DS-GVO). This also applies to the recipients or categories of recipients to whom this data is communicated and to the purpose of the storage. In addition, they have the right under the conditions of Art. 16 DS-GVO, to correct and/or, under the conditions of Art. 17 DS-GVO, to delete and/or under the conditions of Art. 18 DS-GVO to demand to limit the use. In addition, under the conditions of Art. 20 DS-GVO you can request a data transfer at any time. Personal data is only stored for as long as it is necessary for the contractual purpose (this usually corresponds to the duration of the contract) or statutory retention periods exist.
. In case of processing personal data for the purpose of performing public interest tasks (Article 6 (1) sentence 1 (e) DS-GVO) or for attention of legitimate interests (Article 6 (1) sentence 1 (f) DS-GVO), at any time you may object the processing of personal data with future effect. In the case of objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless
- there are compelling, legitimate grounds for processing that exceed your interests, rights and freedoms, or
- the use is necessary for the establishment, exercise, defense of legal claims or litigation.
You may object the use of the data for direct advertisement at any time with future effect. This also applies for profiling, which is related to direct advertisment. In case of opposition, we shall refrain from any further processing of your data for the purpose of direct advertisment.
(5) We reserve the right to transmit personal data of the Customer to credit bureaus, as far as this is necessary for the purpose of a credit check, and provided that the Customer expressly agrees in individual cases. Otherwise, we will not forward personal customer data to third parties without the expressly agreed consent of the Customer, except insofar as we are legally obliged to surrender it.
(6) The collection, transmission or other processing of personal data of the Customer for purposes other than those mentioned in this Section 11 purposes is not permitted.
(7) Depending on the payment method you have selected your payment details will be transmitted to the selected payment service provider. The payment service provider is responsibley for your payment data.
Information about, in particular about the responsible department of the payment service provider, the contact details of the data security office and the categories of personal data processed by the payment service providers are available at the following Internet address:
12. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Limburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
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