Terms & Conditions
1. Scope of application
The following terms and conditions are applicable to all orders made on this online store.
This online store exclusively cateres to consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 German BGB).
An Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Contracting Party, conclusion of contract
The purchase contract is concluded with AcouLab represented by Noel Neu.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:
Prepayment / Banktransfer
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.
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PayPal
During the ordering process, you will be redirected to PayPals checkout website. Here you will be able to log in and confirm the payment. After the oder is completet, will will process the payment with PayPal.
3. Contract language, Storage of contract text
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Shipping
In addition to the indicated product prices there are also shipping costs.
We do not deliver to packing stations.
You can find further information on shipping here.
Unless otherwise states, all items in our online store can ship immediately. Items are dispatched within 5 workdays. This deadline begins on the day payment is received. If the deadline ends on a weekend or a public holiday, it instead expires on the next workday.
5. Payment
Information on payment can be found here.
6. Retention of title
The goods remain our property until full payment is received.
7. Warranties
Unless otherwise stated, the statutory liability for defects shall apply.
The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.
The above limitations and shortening of the period do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty and fraudulent intent,
- in the event of breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed or
- as far as the area of application of the product liability law is opened
Information on any additional warranties that may apply and their exact conditions can be found here.
8. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- for intentional or grossly negligent breach of duty,
- in the case of promises of guarantee, if agreed, or
- as far as the area of application of the product liability law is opened
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
9. Revocation
Information regarding your right of revocation can be found here.
The Remote Sales Act does not apply for contracts:
1. for sales of audio- or video-recordings and software who’s packaged was opened / unsealed by the customer
2. Accessories which where delivered in a sealed or packaged manner by the manufacturer, used plugs and cables, or items which cannot or are not returned with its full and undamaged original packaging.
10. Settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform: https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Test-Kits
AcouLab offers Test-Kits to allow customers to evaluate a given AcouLab product at home.
In addition to the terms above, the following terms are applicable to this service:
Application Audit:
AcouLab will verify each application individually to prevent misuse of this offering.
We reserve the right to decline applications for any or no reason, without disclosing said reason to the applicant.
If the application is approved, the applicant will receive a confirmation with payment instructions via e-mail.
The personal data collected in the application form is stored and processed in accordance with our privacy policy.
Contract:
The submission of the application form does not constitute a legally binding service contract, but rather a contract offer by the applicant.
The contract is concluded after AcouLab has audited and approved the application. In that case, the applicant will receive an email confirming the acceptation of the contract as well as payment information.
Booking a Test-Kit does not constitute the purchase of the product. The Test-Kits and the entirety of its contents remain our property throughout the entire transaction and thereafter.
Kits must be returned within a week of reception. The test week starts on the day after the goods were delivered by the carrier. The deadline is deemed kept if the time between parcel delivery and drop-off is less than 8 days.
For each day of delay, the customer agrees to pay a surplus charge of 20 Euros/ day until the parcel is dropped of with the carrier.
Shipping:
The Test-Kit is shipped out so that the estimated arrival date matches the date selected in the application form. However, there is no guarantee that the kit will arrive at that precise date.
Shipping fees to- and from the customer are included in the Test-Kit service fee. The Test-Kit is delivered with prepaid return labels. These must be used for return shipping.
It the customer fails to do so, he will bear all expenses and risks linked to return shipping.
Liability:
The customer is liable for any damages to- or loss of the product while the in possession of the customer. This liability starts when the item is delivered to the customer and ends when the item is deposited at the postal carries for return.
The kit must be returned as delivered. The customer will he held liable for any missing items and damages going beyond regular use.
If a product is damaged by the customer, he must bear the the cost of repair or replacement of the damaged item. The cost will be calculated in accordance with the terms stated in our fair repair warranty.
Purchase / Reimbursement:
Purchasing a Test-Kit is not possible. Test-Kits contain used products, which where specially designated for this purpose.
If a customer purchases a product which they have previously tested by means of our Test-Kit offering, AcouLab offers to offset the purchase price by the price of the test kit.
This offer is limited by the following conditions:
- The purchase is made within six month of receiving the Test-Kit
- The subtractable amount is limited to German regional the Test-Kit service fee.
- The deductible is only applicable for orders containing the tested product or any higher-prices product
- The reimbursement is not transferable, nor can it be payed out in cash