These are the General terms and conditions for all orders placed with INKLANG Lautsprecher Manufaktur GmbH, also known as INKLANG. The validity of the general terms and conditions of the contractual partner is hereby contradicted.
Section 1 Conclusion of contract
1. Contracting party is INKLANG Lautsprecher Manufaktur GmbH, commercially domiciled at Peutestraße 53 C, 20539 Hamburg and entered in the Hamburg Register Court under HRB 131809, represented by Managing Director Thomas Carstensen, also resident in Hamburg
Tel. international: +49 (0) 180241-100
Fax: +49 (0)40 182024-109
2. The information provided on our website merely constitutes a non-binding request to submit an offer of contract. By clicking on the “Checkout” button you submit a binding offer of contract with your order. We accept such offer via confirmation of order during the purchasing process as well as by separate e-mail, thus concluding the contract with you.
3. The contractual languages are German and – should you order via the international website https://www.inklang.de/en/ - English.
4. We will e-mail you the contract text together with the confirmation of order. You may save or print the latter text. After placing your order, you may also view the contract text by using your login data under Log on in the upper part of our website. These General terms and conditions are available for constant retrieval on the following website: https://www.inklang.de/en/terms-and-conditions
5. The ordering process is as follows:
Once you have selected the desired product, you may click on the IN THE SHOPPING CART button to place the product in the shopping cart, with no obligation to purchase.
If you are a new customer, please register by clicking on the CREATE USER ACCOUNT button. If you are already registered as a customer, you may log on by entering your e-mail address and password. If you are a new customer, please enter your data. The compulsory fields are designated by *. Click here to obtain more information on data privacy: https://www.inklang.de/en/imprint
Once you have logged on successfully, your shopping cart will be displayed. You may view the contents of your shopping cart, with no obligation to purchase, at any time by clicking on the SHOPPING CART button. You may remove the products from the shopping cart at any time by clicking on the button with the TRASH CAN image or on the EMPTY SHOPPING BASKET button. Click on the GO TO CHECKOUT button if you want to purchase the products in the shopping cart.
Please check your invoice address and, if necessary, select a different address for dispatch. Selecting the payment information takes you to the order overview where you can re-check your entries before sending your binding order. You can correct any input errors by clicking on the respective order step.
Click on the ORDER WITH COSTS button to submit a binding order, which we will then accept by e-mailing the confirmation of order and contract, thus concluding the purchase contract.
Section 2 Payment, delivery
1. Our purchase prices include the prevailing value added tax and other price components plus shipping costs. The shipping costs to Germany, Austria, Netherlands, Belgium, Luxembourg, France, Switzerland and Liechtenstein are – including value added tax and any import duty and import declaration:
|0 to 0,1 kg||0,00 EUR||0,00 EUR||CHF 0,00||0,00 EUR||0,00 EUR||0,00 EUR||0,00 EUR|
|0,1+ to 2 kg||4,50 EUR||14,00 EUR||CHF 10,80||14,00 EUR||14,00 EUR||14,00 EUR||14,00 EUR|
|2+ to 5 kg||6,50 EUR||16,00 EUR||CHF 22,87||16,00 EUR||16,00 EUR||16,00 EUR||16,00 EUR|
|5+ to 10 kg||8,50 EUR||21,00 EUR||CHF 29,74||21,00 EUR||21,00 EUR||21,00 EUR||21,00 EUR|
|10+ to 31,5 kg||16,50 EUR||28,50 EUR||CHF 47,59||28,50 EUR||28,50 EUR||28,50 EUR||28,50 EUR|
|31,5+ to 75 kg||65,00 EUR||99,00 EUR||CHF 225,00||99,00 EUR||99,00 EUR||99,00 EUR||124,00 EUR|
|75,1 kg and above||95,00 EUR||119,50 EUR||CHF 245,00||119,50 EUR||119,50 EUR||119,50 EUR||144,00 EUR|
2. The following types of payment are available to you:
3. 50% of the purchase price immediately falls due with your order of loudspeakers from our configurator. The remaining purchase price falls due upon receipt of our notification to you that the production of your loudspeakers has been completed. We will send you a payment request in each case. For all other orders, the full purchase price will fall due for payment with your order.
4. We deliver to addresses in Germany, Austria, the Netherlands, Belgium, Luxembourg, France, Switzerland and Liechtenstein via DHL and forwarding agency.
5. Since our products are not especially produced for you until you have placed your order, the delivery period is approx. 3-4 weeks from the date of your order as well as the receipt of your first payment. Any deviating delivery periods will be specified in the individual product descriptions.
Section 3 Right of revocation, extended right of return
1. Right of revocation for consumers
Information on the right of revocation
Right of revocation
The time limit is deemed observed when you forward the notification regarding the exercise of the right of revocation prior to the expiration of the time limit for revocation.
Consequences of revocation
Should you revoke this contract, we will be obligated to immediately reimburse all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have selected a type of delivery other than the most cost-effective standard delivery offered by us), but by no later than within fourteen days of the date on which the notification of your revocation of this contract is received in our offices. We will use the same payment method for the reimbursement as you employed for the original transaction, unless otherwise explicitly agreed with you; on no account will we charge you any fees for this reimbursement. We may refuse the reimbursement until such time as the goods have been returned to us or you have furnished proof that the goods have been returned to us, whichever is the earlier date in each individual case.
You must return or transfer the goods to us immediately and, at any event, no later than within fourteen days of the date on which you inform us of the revocation of this contract. The time limit is deemed observed if you forward the goods prior to the expiration of the time limit of fourteen days. You bear the direct costs for the return of the goods.
The following applies to goods that we have sent to you by forwarding agency: We collect the goods. You bear the direct costs for the return of the goods in the amount of EUR 75.00 from Germany, EUR 99.00 from Austria and CHF 200.00 from Switzerland/Liechtenstein, as well as EUR 99.00 from other countries.
You need only replace any loss in value of the goods if such loss in value is attributable to unnecessary handling of the goods during the inspection of the quality, characteristics and functionality thereof.
If you request commencement of the services during the cancellation period, you will be required to pay us an appropriate sum equal to the value of the services already provided up to the time you notify us that you are exercising your right of cancellation of this agreement as a proportion of the total volume of the services foreseen in the agreement.
Exclusion of the right of revocation
he right of revocation does not apply to the delivery of goods,
Sample revocation form
Should you wish to revoke the contract, please complete and return this form.
INKLANG Lautsprecher Manufaktur GmbH
Peutestraße 53 C
Fax: +49 (0)40 180 241 109
DOWNLOAD - SAMPLE REVOCATION FORM
hereby revoke the contract concluded by me/us ___.____.______ concerning the purchase of the following goods (*)
/the rendering of the following service (*)
Ordered on __________/received on ____________(*)
Name of consumer(s) __________________________________________________________
Address of consumer(s) __________________________________________________________
Signature of consumer(s) _______________________________
(for notification on paper only)
Data:____.____.____ (*) Delete where inapplicable
2. Extended right of return
Once the statutory right of revocation pursuant to Section 2 No. 1 expires, you are entitled to a right of return according to the following conditions:
a) You may return your ordered products to us up to 1 month after delivery.
b) A right of return applies only to products that are undamaged and have not been subsequently redesigned or converted by you.
c) A right of return applies only to products in their original packaging. We recommend that you keep the original packaging in a folded state for at least the duration of your right of return, but also beyond that date.
d) In order to exercise your right to return, please contact us at the address provided above in Section 1 No. 1 specifying the order number. INKLANG will instigate collection. A personal return to the corporate domicile of INKLANG Lautsprecher Manufaktur GmbH is also possible.
e) Immediately upon receipt of the loudspeakers, we will in turn immediately reimburse you the purchase price by means of the payment method used for the purchase. Should you have paid the purchase price by bank transfer, please provide us with your account details.
f) Please note that this right of return does not affect your statutory right of revocation.
Section 4 Defects liability, guarantee
1. We are liable for any defects in the loudspeakers we deliver according to the statutory provisions.
a) In the event of a defect, we ask that you return the goods for repair in the original packaging. In this way, safe transport of the goods is ensured. The use of the original packaging is not a prerequisite for the assertion of warranty claims.
b) Our products are designed for living room conditions. They may only be set up and operated at a temperature between 0° C and 40° C and a relative room humidity of up to 60%. In direct sunlight and/or heat sources such as stoves, these temperatures can be exceeded! Please note the operating instructions.
2. In addition to the statutory defects liability, we also give you a manufacturer’s guarantee on our products subject to the following provisions:
a) Guarantee period
The guarantee period is 5 years from the date of transfer. The latter applies unrestrictedly for the first three years. Changes in the surfaces of our products (e.g. anodised, varnished or laser-cut surfaces) are no longer included in the manufacturer’s guarantee once 3 years after transfer have expired. Your invoice is the proof of guarantee.
b) Contents of the warranty claim
The guarantee applies to all components and labour costs from the date of transfer. It includes and is limited to a free repair or exchange of the defective component in case of a defect in the commodity (e.g. material fault or production error). INKLANG also assumes the costs of forward and return transport for the affected product from and to the curb edge in the event of justified warranty claims, as long as the goods are located within Germany, Austria and Switzerland and the shipment has been coordinated with INKLANG beforehand. More extensive settlements on an ex-gratia basis are possible at the discretion of INKLANG. For the duration of the manufacturer’s guarantee, it will be presumed that the defect already existed at the time of transfer of risk. Any replaced components will become the property of INKLANG. Performances rendered within the scope of the manufacturer’s guarantee will neither result in an extension of the guarantee periods nor cause a new guarantee period to commence. The guarantee period for the installed replacement components will end at the same time as the guarantee period for the entire device. The consent to or implementation of warranty performances ensues without acknowledgement of any obligation to perform according to statutory warranty law.
c) Loss of the warranty claim
d) Procedure in the event of a guarantee claim
Package the defective device in the original box, together with a copy of the invoice and a brief, informative error description. Please contact us for collection:
INKLANG Lautsprecher Manufaktur GmbH,
Peutestraße 53 C
tel: +49 (0) 180241-100,
fax: +49 (0)40 182024-109,
e) Statutory warranty
This guarantee does not affect your warranty rights according to the statutory provisions.
Section 5 Retention of title
The goods will remain our property until such time as full payment has been made.
Section 6 Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform to resolve their disputes.
In order to resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists, we are not obliged to participate in dispute settlement proceedings before a consumer arbitration board, but we are willing to do so. The Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de is responsible.
We will participate in a dispute settlement procedure before this point.
Section 7 Loudspeaker for Trial Purposes (“Trial-Weekender”)
1. Conclusion of Contract
The contract for the rental of a loudspeaker for trial purposes (“Trial-Weekender”) is concluded electronically only via the INKLANG Internet shop.
2. Contract Term
The rental contract for the loudspeaker begins with its delivery and ends on expiry of the agreed rental period. If the hirer continues to use the loudspeaker on a trial basis after the agreed rental period expires, the rental agreement shall be deemed not to have been extended. Section 545 of the German Civil Code does not apply.
3. Delivery, Collection
The „Trail-Weekender“ is delivered and collected packed in a rollable flight-case solely by a company appointed by INKLANG (freight forwarder, parcel service, etc.).
4. Deposit, Hire Charge, Terms of Payment
The hirer is required to pay a deposit. The amount of the deposit shall be equal to the purchase price of the loudspeaker selected. There is no interest on the deposit amount. The deposit will be paid such that the hirer authorizes payment of the agreed deposit solely via Paypal. The deposit will be released by INKLANG after the loudspeaker has been returned fault-free to INKLANG.
b) Hire Charge
The agreed hire charge will be paid via Paypal by INKLANG from the deposit amount authorized by the hirer after the loudspeaker has been returned fault-free.
c) Terms of Payment
Payment of the deposit and the hire charge are handled exclusively by the PayPal payment service.
5. Treatment of the Loudspeaker, Delivery and Return of the Loudspeaker
a) Treatment of the Loudspeaker
The hirer is required to treat the loudspeaker with care and consideration and to operate it solely according to the applicable operating instructions, which can be downloaded online at: https://www.inklang.de/de/service/downloads.
b) Liability of the Hirer
The hirer is liable to INKLANG for damage to the loudspeaker during the rental period. INKLANG is entitled to deduct the cost of damage from the deposit.
c) Return of the Loudspeaker
The hirer is required to accept delivery of the loudspeaker from the carrier on the agreed delivery date and return it on the agreed pick-up date, packed in the rollable flight-case in the condition stipulated in the contract. If the hirer or its vicarious agents culpably breach these obligations, the hirer shall pay INKLANG a lump sum of €150.00; assertion of further damages is not excluded. INKLANG is entitled to deduct the amount of damage from the deposit.
6. Purchase of the Loudspeaker
The loudspeaker rented may not be purchased. After the loudspeaker has been returned on time fault-free, INKLANG will give the hirer a voucher code to the value of the agreed hire charge, which may be used to purchase an INKLANG loudspeaker.
Section 8 Note according to the ElektroG
The „crossed-out garbage can“ symbol means that an electrical or electronic device must not be disposed of with the household waste at the end of its service life, but must be collected separately. This can be done at free collection points for waste electrical equipment in your area. The city or municipal administration will provide you with the addresses of the collection points. You are responsible for deleting personal data before returning it.
If possible, remove any batteries or accumulators before disposal and dispose of them separately at the appropriate collection points. You can avoid the disposal of electrical and electronic equipment by recycling it or by purchasing equipment with a longer service life.
Section 9 Special clauses for merchants
1. Hamburg is agreed as place of fulfilment and jurisdiction for any contracts concluded with merchants.
2. The applicability of German law, excluding the UN Convention of Contracts for the Sale of International Goods, is agreed for contracts with entrepreneurs.