1. Conclusion of contract

The products shown in our online store are not a legally binding offer, but only a non-binding online catalog. The customer can select the products displayed there and "add them to the shopping cart" using a corresponding button without obligation. The customer submits a binding order, i.e. an offer to conclude a contract for the products in the shopping cart, by clicking on the "Order with obligation to pay" button. The customer can recognize input errors by being shown the entries made immediately before submitting the order. Any input errors detected can be corrected by the customer going back to the respective input screen and correcting the input there. After the customer has placed an order, we confirm receipt by e-mail in an automatic confirmation of receipt. In this e-mail or in a separate e-mail, but at the latest upon delivery of the products, we will send the contract text (consisting of the order, GTCs and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation).

We accept the customer's offer within five days by issuing a declaration of acceptance in a separate e-mail or, if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider (see section 6 below). When the payment transaction is carried out depends on the payment method selected by the customer. We store the text of the contract after conclusion of the contract, but it is no longer accessible to the customer via our website. The contract is concluded in German.

2. Delivery, availability of goods

2.1  Delivery times stated by us are calculated from the date of our confirmation of contract, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online store, it is 1-5 working days.

2.2  The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in Germany or Austria.

3. Reservation of right of withdrawal

We are entitled to withdraw from the contract if an ordered item is more than just temporarily unavailable, because we are not supplied by our supplier through no fault of our own, despite the supplier's contractual obligation.

In this case we will inform the customer immediately of the withdrawal and its reasons and reimburse any services already rendered without delay.

4. Retention of title

The delivered goods remain the property of in-akustik until full payment has been made.

5. Prices and shipping costs

5.1  All prices quoted in our online store include the applicable statutory value added tax.

5.2  The goods are shipped exclusively by a company commissioned by in-akustik (forwarding agent, parcel service, usually DPD or DHL). The corresponding shipping costs can be viewed here and are also provided for the customer again in the order form. The customer pays them unless the customer exercises their right of withdrawal. From an order value of 20 EUR we deliver to the customer free of shipping costs. We carry the shipping risk for shipments to consumers as set out in the following points 9.1.2 and 9.2.2. In the event of withdrawal, the customer will carry the direct costs of the return shipment.

6. Terms of payment

We enable payments via PayPal Checkout, Stripe and Klarna.

6.1  Paypal Checkout

If you choose payment via PayPal Checkout, payment will be processed via the provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), whereby the following different payment options are available to you at PayPal. You will find further information on payment via PayPal Checkout in the respective payment option and in the order process.

6.1.1  PayPal

If you would like to use PayPal (not credit card, purchase on account or payment by installments), you must be registered with PayPal, or register first, authorize with your access data and confirm the payment order to us. PayPal performs the payment transaction immediately after the order is placed.

6.1.2  Credit card via PayPal

If you pay by credit card via PayPal, PayPal will charge your credit card after the goods have been shipped.

6.1.3  Purchase on account via PayPal ("Pay later")

When purchasing on account via PayPal, an address and credit check is first made via PayPal and payment must be made to PayPal's partner, Ratepay GmbH, within 30 days of invoicing.

6.2  Stripe

If you choose to pay via Stripe, the payment will be processed by the provider, Stripe Payments Europe, Ltd., with headquarters in The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland, whereby the following different payment options are available to you with Stripe. You will find further information on payment via Stripe in the respective payment option and in the order process.

6.2.1  Instant bank transfer

If you select the "Instant bank transfer" option with Stripe, you will be redirected to the Sofort GmbH website after placing the order, to pay the invoice amount there. To do this you must have an online banking account with PIN/TAN procedure that has been activated for instant bank transfer use, and then authorize yourself accordingly and confirm the payment order to us. The payment transaction will then be made immediately by Sofort GmbH and your account will be debited accordingly.

6.2.2  Giropay

If you select the "Giropay" option with Stripe, payment is made directly by you from your bank account. Your financial institution must simply support this service. You will be forwarded directly to your financial institution via the provider, paydirekt GmbH, and all security-relevant data will only be entered in the protected online banking dialog with the bank.

6.2.3  EPS

If you select the "EPS" option with Stripe and your bank supports this service, you will be redirected to your bank's website to complete your order. Here you can enter your online banking access data and then initiate the payment directly in the protected online banking dialog..

6.3  Klarna

If the "Klarna” payment method is selected, payments are processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna") in accordance with the selected payment methods offered by Klarna. In addition to registration, using Klarna also requires a positive address and credit check.

6.3.1  Klarna Pay now

With instant bank transfer the customer's account is debited immediately after placing the order

6.3.2  Klarna Pay later

The payment period is 30 days from shipping the products. In addition to our GTCs, Klarna's terms and conditions for Klarna invoice also apply. For payments from Germany, the conditions available at www.klarna.com/de/agb/ apply; for payments from Austria, the conditions available at www.klarna.com/at/agb/ apply.

7. 7. Material defects, warranty, guarantee

7.1 We are liable to customers with a branch in Germany for material defects in the purchased item in accordance with the applicable statutory provisions, in particular in accordance with §§ 434 ff. BGB.

7.2 The statutory warranty provisions pursuant to §§ 922 ff ABGB apply to customers with a branch in Austria.

7.3 An additional guarantee will only apply to the goods supplied by us if this has been expressly stated for the respective article.

8. 8. Liability, exclusion of liability

8.1  For customers from Germany

8.1.1  Claims of the customer for damages are excluded. Exceptions here include claims for damages by the customer arising from injury to life, limb or health or from any breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by in-akustik, its legal representatives or vicarious agents. Material contractual obligations are those whose compliance is necessary to achieve the objective of the contract.

8.1.2  In the event of a breach of essential contractual obligations, in-akustik is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, limb or health.

8.1.3  The restrictions of the above items 8.1.1 and 8.1.2 also apply in favor of the legal representatives and vicarious agents of in-akustik if claims are asserted directly against them.

8.1.4  The limitations of liability resulting from the above items 8.1.1 and 8.1.2 do not apply if in-akustik has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if in-akustik and the customer have reached an agreement on the quality of the product. The provisions of the Product Liability Act are unaffected.

8.2 For customers from Austria

We are only liable to customers from Austria (Austrian consumers as set out in § 1 of the Austrian Consumer Protection Act) for willful intent and gross negligence, but not, with the exception of personal injury, in cases of slight negligence.

9. Right of withdrawal | Right of rescission

9.1 Right of withdrawal for customers from Germany

9.1.1 Under German law, consumers have a right of withdrawal from distance contracts, about which we provide information below in accordance with the statutory model.

9.1.2 Under German law, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside of their trade, business or profession (§ 13 German Civil Code).

9.1.3 The exceptions to the right of withdrawal are regulated in paragraph 9.4. You will find a sample withdrawal form in paragraph 9.5.

9.2 Right of withdrawal for customers from Austria

9.2.1 Under Austrian law, consumers have a right to withdraw from distance contracts in accordance with the Remote and External Business Act (in Austria: FAGG), about which we provide the following information:

9.2.2 A consumer is a person who concludes a legal transaction that is not part of the operation of their business (§ 1 Protection Against Dismissal Act – KSchG).

9.2.3 The exceptions to the right of withdrawal are regulated in paragraph 9.4. You will find a sample withdrawal form in paragraph 9.5.

9.3 Cancellation policy/right of withdrawal policy:

9.4 The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

9.5 To the withdrawal form

9.5.1 We provide information on the sample withdrawal form in accordance with the German and Austrian statutory provisions as set out below in item 9.5.2. However, using the sample below is not mandatory and you can also withdraw from the contract in another way with an unequivocal statement (e.g. a letter sent by post, fax or e-mail) or by using our form available at the following link: Download withdrawal form

9.5.2 Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us. 

• To: in-akustik GmbH & Co. KG, Untermatten 12- 14,79282 Ballrechten-Dottingen, phone +49 (0)7634 5610-0, e-mail: service@in-akustik.de 
• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) 
• Ordered on (*)/received on (*)
• Name of the consumer(s) 
• Address of the consumer(s) 
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate.

10. Consumer arbitration

We are not obliged or willing to participate in any dispute resolution proceedings before a consumer arbitration board.

1. Validity

Our deliveries, services, offers and order confirmations are made exclusively on the basis of these terms and conditions. The customer's terms and conditions are not recognized.

2. Conclusion of contract

2.1 in-akustik is entitled to withdraw its own offers until receipt of the customer's statement of acceptance without stating reasons (non-binding offers).

2.2 The customer will be bound to offers made to in-akustik for two weeks.

3. Delivery time, debtor's delay

3.1 The delivery time depends on the clarification of technical questions, the timely receipt of all documents to be supplied by the customer, such as drawings, plans, approvals, specifications and other acts of cooperation to be provided by the customer. in-akustik is not responsible for delays caused by the customer.

3.2 In the event of operational disruptions through no fault of our own, such as a labor dispute through no fault of our own or delays in delivery through no fault of our own, the delivery period will be extended by the duration of the delay. If the delay lasts longer than eight weeks, both contracting parties will be entitled to withdraw from the contract.

3.3 In the event of a delay, in-akustik's liability for damages caused by the customer's delay will be limited to 0.5% of the gross price for each full week of delay, but to a maximum of 5% of the gross price for the affected part of the delivery.

3.4 In the event of delays in delivery caused by in-akustik, the customer is obliged, at in-akustik's request, to declare within a reasonable period of time whether they will withdraw from the contract or insist on delivery.

4. Delivery, transfer of risk, default of acceptance, packaging

4.1 Partial deliveries are permissible provided they are reasonable for the customer.

4.2 Deliveries will be made "ex works" (EXW) Ballrechten-Dottingen (Incoterms 2000). The place of fulfillment is Ballrechten-Dottingen.

4.3 If goods are taken back as a gesture of goodwill, in-akustik will charge a flat rate of 10% of the gross invoice value plus VAT for the costs of taking back and processing returned goods.

4.4 In the event of default of acceptance, in-akustik will be entitled to charge the customer a storage fee of 0.5% of the gross price of the goods in question for each month or part thereof. The parties reserve the right to prove higher or lower storage costs. This provision will apply accordingly in the event that the collection of the goods is delayed for reasons attributable to the customer. in-akustik will be entitled to claim further damages for delay.

4.5 Transport packaging and other packaging must be disposed of properly by the customer at their own expense.

5. Prices

5.1 All prices are ex works and exclusive of VAT, shipping costs and any minimum quantity surcharge. A minimum quantity surcharge is levied for a net goods value of up to EUR 100.00. There are no shipping costs for goods shipped within Germany with a net value of EUR 160.00 or more. The customer will be responsible for insuring the transportation of the goods.

5.2 The prices stated in in-akustik's brochures are non-binding prices excluding VAT.

5.3 in-akustik’s prices are subject to change. They are based on the labor, material and overhead costs at the time of the order. If these costs demonstrably increase within six weeks between conclusion of the contract and delivery, in-akustik is entitled to a corresponding price increase, unless in-akustik is in default of delivery or the increase in costs was foreseeable at the time of conclusion of the contract.

6. Payment

6.1 All invoices are payable in full within 30 days of the invoice date.

6.2 If the customer defaults on payment in the total amount of EUR 200.00 or more, in-akustik will be entitled to revoke all payment terms granted and to declare all claims immediately due and payable.

6.3 The customer is not entitled to withhold payments or to offset such against counterclaims unless these have been legally established or recognized by in-akustik.

7. Retention of title

7.1 The delivered goods will remain the property of in-akustik until all claims by in-akustik arising from the business relationship with the customer have been satisfied. The customer is authorized to sell or process, combine or install the goods in the ordinary course of business (goods subject to retention of title), but not to pledge them or assign them as security. In the event of a deterioration in the customer’s financial circumstances, in-akustik will be entitled to prohibit any sale/processing or installation/mixing with other products.

7.2 Any sale will only be permitted under the condition that the purchaser (reseller) makes the reservation that ownership will only be transferred to their customer when they have completely met their payment obligations to in-akustik with regard to the reserved goods (simple reservation of title). The customer hereby assigns to in-akustik all claims arising from the resale or installation up to the amount of our claim from the respective delivery.

7.3 The customer is authorized to collect assigned receivables until revoked. The authorization to collect will also expire if the customer is in default of payment to in-akustik. In such cases in-akustik will be entitled to inform the customer of the assignment and to collect the receivables themself. In the event that the authorization to collect expires, the customer must provide the information necessary to assert the assigned receivables and allow this information to be checked. In particular they must, on request, hand over a precise list of the claims to which they are entitled, including the names and addresses of the customers, the reason for and amount of the individual receivables, invoice date, etc., and allow access to their business premises and inspection of the respective books for verification purposes.

7.4 If the reserved goods are combined, mixed or processed into a new item by the customer, this will be done for in-akustik without any obligation on our part. By combining, mixing or processing, the customer does not acquire ownership of the new item in accordance with §§ 946 ff. of the German Civil Code. In the event of combining, mixing or processing with items not belonging to in-akustik, in-akustik will acquire co-ownership of the new item in the ratio of the invoice value of our reserved goods to the total value of the new item.

7.5 The customer undertakes to notify in-akustik immediately in the event of their suspension of payments, a significant deterioration in their financial circumstances and of seizures. Seizure creditors must be named, stating the company name and address. The customer will carry all costs that must be incurred in order to prevent seizure by seizure creditors and to recover the goods.

7.6 In the event that the customer is in default of payment, suspends payments or if their financial circumstances deteriorate significantly, in particular if insolvency proceedings are instituted against their assets, in-akustik will be entitled to demand the return of the reserved goods. The request for surrender will constitute a withdrawal from the contract. The setting of a performance deadline is not necessary in such cases. The right to claim damages remains reserved even in the event of withdrawal.

8. Warranty

8.1 Warranty claims do not exist for minor defects

8.2 The customer must inspect the delivered goods immediately and report any recognizable defects, incorrect deliveries and shortfalls without delay, but at the latest within 14 days of the transfer of risk. Defects not detected must also be reported immediately after discovery, but no later than seven days after discovery. The complaint periods will apply in the same way to any direct deliveries to third parties named by the customer. In such cases, the customer will also ensure that a complaint is made in due time.

8.3 In the event of a warranty claim, in-akustik will be entitled and obliged, at their own discretion, to repair or replace the goods free of charge up to three times within a reasonable period of time (subsequent performance), provided the defect occurs within the limitation period (item 8.4), it is reported immediately after it becomes apparent, and the cause of the defect already existed at the time of the transfer of risk to the customer or a third party designated by the customer. If subsequent performance fails, the customer may withdraw from the contract or reduce the respective remuneration without prejudice to any claims for damages in accordance with item 9.

8.4 Claims for defects will lapse after one year. This does not apply if the law according to § 479 para. 1 GCC (right of recourse) prescribes longer periods, as well as in cases of injury to life, limb or health, in the case of an intentional or grossly negligent breach of duty by in-akustik or its vicarious agents as well as in cases of fraudulent concealment of a defect. Furthermore, a reduction in the statutory warranty period will not apply if the defectiveness of products, provided these have been used for a structure in accordance with their normal use, have caused defectiveness of the structure (§ 438 para. 1 no. 2 lit. b), GCC). The statutory provisions on suspension of expiry, suspension and recommencement of time limits are unaffected.

8.5 Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel and labor costs, are excluded if the expenses increase because the goods have been taken to a location other than the customer's offices/site.

8.6 In accordance with § 478 of the German Civil Code, the customer will only have rights of recourse against in-akustik if the customer has not made any agreements with their customers that go beyond the statutory claims for defects. Item 8.4 applies accordingly for the scope of the customer's right of recourse.

8.7 Item 9 applies to claims for damages. Apart from the claims regulated in item 8 in conjunction with item 9, the customer will not be entitled to any warranty claims.

8.8 If the customer culpably submits an unjustified notice of defects, in-akustik will be entitled to demand compensation from the customer for the expenses incurred and for any other damages.

9. Compensation for damages

9.1 Claims for damages and reimbursement of expenses by the customer (claims for damages), irrespective of the legal grounds, in particular due to the breach of duties arising from the contractual obligation and from tort, are excluded.

9.2 The exclusion of liability according to item 9.1 will not apply if in-akustik is compulsorily liable, e.g. according to the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health and due to any breach of essential contractual obligations. Contractual obligations will be essential if meeting them makes the proper execution of the contract possible in the first place and the customer can regularly rely on their compliance. In the event of a breach of essential contractual obligations, in-akustik's liability will be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence, injury to life, limb or health. These regulations do not include or entail a change in the burden of proof to the detriment of the customer.

9.3 Claims for damages due to material defects (item 8) will become time-barred in accordance with item 8.4. 10. Place of jurisdiction, applicable law 10.1 The place of jurisdiction for all disputes arising from the contractual relationship is the registered offices of in-akustik GmbH & Co. KG. 10.2 The contractual relationship is subject to German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded