Terms & Conditions

General terms and conditions of the company Audio Tuning Vertriebs GmbH for TONE FACTORY B2C orders

§1 Validity towards consumers and definition of terms

1. The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
2. “Consumer” in the sense of these terms and conditions is the consumer in the sense of the legal regulations.

§2 Formation of a contract, storage of the contract text

1. The following regulations on the conclusion of a contract apply to orders via the online shop on the website tone-factory.com.
2. In the event of the conclusion of the contract, the contract is concluded with
   Audio Tuning Vertriebs GmbH
   Margaretenstrasse 98
   A-1050 Wien
   AUSTRIA – EUROPA
   Firmenbuchnummer: FN 36396 z
3. The presentation of the goods does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
4. Storage of the contract text: We save the contract text and send you the order data and our general terms and conditions with the cancellation policy contained therein and the attached model cancellation form by e-mail or in paper form with the order. You can also view the terms and conditions at any time at tone-factory.com.

§3 Prices

The prices shown include the statutory value added tax and other price components, subject to price errors. Shipping costs may be added.

§4 Delivery

Unless we have stated otherwise in the ordering process, all items we offer are ready for dispatch within 2 working days.

§5 Retention of title

We shall retain ownership to the goods until payment of the purchase price has been made in full.

§6 Right of withdrawal

Instructions on withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen 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 of withdrawal, you must inform us (Audio Tuning Vertriebs GmbH, Margaretenstraße 98, 1050 Wien, AT; E-Mail-Address: info@tone-factory.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such 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 to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

• The right of withdrawal shall not apply to contracts
• for the supply of non-prefabricated goods made on the basis of individual choice of or instruction by the consumer or goods which are clearly personalised to the consumer’s needs,
• for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
• for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
• for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

End of the instructions on withdrawal

§7 Contractual agreements concerning the costs of returning goods in case of withdrawal

In the event that you exercise your right of withdrawal, the following agreement shall apply: You shall bear the regular costs of returning goods.

§8 Language of contract

The language of contract shall exclusively be English.

Attachments:

Sample withdrawal form

Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form to us.)

To
Audio Tuning Vertriebs GmbH
Margaretenstrasse 98
A-1050 Wien
E-Mail: info@tone-factory.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
– Ordered on ______________________/ received on _______________________
– Name of consumer(s): __________________________________________
– Address of consumer(s): ________________________________________
___________________________________________________________________
– Signature of consumer(s):(only if this form is notified on paper)
____________________________________________________
– Date: ______________________
(*) Delete as appropriate.