Terms & Conditions

General terms and conditions – Buchardt Audio ApS

Contents

General terms
Offers and orders
Payment
Delivery and passing of the risk
Delivery time
Right of return and cancellation
Inspection and notice of defects
Warranty of the products
Intellectual property
Force majeure
Exclusion and limitation of liability
Product liability
GDPR
Applicable law and legal venue

General Terms and Conditions

1. General terms

These General Terms and Conditions shall apply to all deliveries contracted with Buchardt-Audio ApS, hereinafter referred to as the "Vendor", "We" or "Us". Contrary terms and conditions of the Purchaser shall only apply, if they are specifically confirmed by the Us.

2. Offers and orders

All information on our website, in catalogues, brochures, advertisement etc., is approximate and only binding for the Us if there is an agreement in writing.
If an offer is placed on a product that is out of stock or production, we will do our outmost to suggest a similar product or to inform a Purchaser about when we expect to have the desired Product back in stock. We are however not in any way liable towards a Purchaser in such event.
We are bound by written offers for 14 days, always subject however to the products remaining unsold.
All prices are exclusive of customs duty, packaging and other national taxes.
A final contract has been concluded once We have confirmed the Purchaser’s order either by submission of an order confirmation or by invoice to the Purchaser.
Prices for the products are subject to changes without notice. We are only bound by the prices on our website etc. if an order has been placed and accepted.

3. Payment

Unless otherwise agreed the purchase price falls due at the time of the Purchaser's receipt of the invoice.
If the Purchaser fails to perform timely payment, We are entitled to interest from the due date in accordance with the Danish Interest Act (the Danish central bank's discount rate + 8 %. By February 2020, the default interest rate is 8,05 % p.a.
We are entitled to issue invoices in instalments, if an order entails partial deliveries to take place.
The Purchaser is not entitled to retain any part of the payment or offset any amount unless expressly agreed by Us in writing.
When making a purchase in a PRE-ORDER CAMPAIGN, the customer accepts that payment is made upon submission of the order, regardless of shipment being made at later time (corresponding to the individual PRE-ORDER CAMPAIGN).

4. Delivery and passing of the risk

Unless otherwise explicitly agreed in writing, delivery of products is made DAP (Delivery At Place). The customers import cost would be covered by Buchardt Audio, but the customer is still the importer and would need to pay the bills regarding this. Be sure to email at Info@buchardtaudio.com with a copy of the import bill which we would cover. The funds are refunded to the creditcard used for the products purchass.

5. Delivery time

Delivery times stated in the purchase order and/or on our website are approximate and always subject to the prior payment by the Purchaser.
If delivery is delayed by circumstances which under clause 10 shall be considered a case of relief or by an act or omission on the part of the Purchaser, the time for delivery shall be extended by a period which is reasonable having regard to the given circumstances. The time for delivery shall be extended even if the reason for delay occurs after the originally agreed date for delivery.
If We exceed the delivery time or a delivery time extended by virtue of clause 5.2 by more than 1 month, the Purchaser may by written notice set a reasonable final deadline for delivery. If We fail to deliver the products within such final period and this is not due to any circumstance for which the Purchaser or any of his other suppliers are responsible, the Purchaser may, by written notice, terminate the contract. Whether the Purchaser cancels or maintains the order he shall not be entitled to any form of compensation for either direct or indirect losses.

6. Right of return and cancellation

Products that have already been ordered or delivered can be returned within 45 days after receiving the product, conditioned that the product is returned in the same shape and condition as it was delivered.
A return/cancellation fee of EUR 100 applies for all returns/cancellations. (EUR 200 for floorstander speakers)
The right of return is subject to the Purchaser's notification of Us by e-mail within 45 days from delivery. The notification shall include the reason for exercising the return right.
The Purchaser's refund will be made within 14 days after We have received the product, conditioned that the product is returned in the same shape and condition as it was delivered, cf. clause 6.1.
Customers are responseble for seeking import cost returns themselves.

7. Inspection and notice of defects

The Purchaser shall immediately upon delivery – and before use – inspect and examine the products delivered.
The Purchaser shall inform Us of a defect by written notice immediately after the defect has appeared. The notice shall contain a description of how the defect manifests itself. If the Purchaser fails to give Us such notice, he shall forfeit his right to make any claim in respect of the defect.

8. Warranty of the products

We provide warranty of speakers.
We provide warranty on electronics.
The warranty period commences from the delivery of the products.
The warranty does solely cover manufacturing defects. Hence, the warranty does not cover anything else, e.g. flared speaker units, scratches, wear and tear, misuse, incorrect connection, defects arising from inadequate maintenance, theft, fire etc.
The Purchaser must – upon the sole discretion of Us – provide sound proof of a defect covered by the warranty.
The warranty is subject to a warranty certificate issued by Us upon conclusion of a purchase of products. If the Purchaser cannot exhibit the warranty certificate, then We will be permitted to refuse any coverage and/or assistance under the warranty.
Is a defect is covered by the warranty, then the Purchaser will be entitled to a refund, reparation or new product, subject to our choice. If the defect concerns a product that is no longer in production, We will be permitted to offer the Purchaser a new and comparable product.

9. Intellectual property

The Purchaser obtains no rights in form of license, patent, copyright, trademark or other proprietary right in relation to the products.

10. Force majeure

Any circumstance beyond the control of the parties, such as fire, war, mobilization or military call up of a comparable scope, requisition, seizure, currency restrictions, insurrection and civil commotion, the arise of an epidemic, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-suppliers caused by any such circumstance as referred to in this clause shall be considered as grounds for relief if such circumstance impedes the performance of the contract or makes performance unreasonably onerous, provided that the effect of the circumstance on the performance of the contract could not have been foreseen at the formation of the contract.
The party intending to claim relief under clause 10.1 shall inform the other party by written notice without undue delay on the occurrence and on the cessation of such circumstance. If grounds of relief prevent the Purchaser from fulfilling his obligations, he shall reimburse Us for costs incurred in securing and protecting the products.
Notwithstanding other provisions of these General Terms and Conditions, each party shall be entitled to terminate the contract by written notice to the other party if performance of the contract is delayed more than six months by reason of any grounds for relief as described in clause 10.1.

11. Exclusion and limitation of liability

According to our choice in the event of defects, We shall repair or replace the products sold. If the defected product is out of stock or production of this product has ceased, then We are entitled to replace the product with a similar product.
Our liability is limited to defects, which appear and are invoked within a period of 6 months from the date of delivery. If the products are used more intensely than agreed or could be foreseen at the formation of the contract, this period shall be reduced accordingly.
If the We fail to fulfil his obligations under clause 11.1 within reasonable time, the Purchaser may by written notice require Us to do so within a final time limit. If We fail to fulfil his obligations within that time limit, the Purchaser may demand a proportional reduction of the contract price.
If the defect must be considered substantial, the Purchaser may by written notice choose to terminate the contract. In case of termination the Purchaser shall be entitled to compensation for loss. Such compensation, and the total of any compensations paid by Us in respect of one contract, shall however not exceed an amount equal to the contract price in respect of that one contract.
We shall not be liable for loss of production, loss of profit or any other indirect losses.
We shall not be liable for defects arising from Purchaser's modifications or interference with the products.
Defective parts, which are replaced in accordance with clause 11.1, shall be placed at our disposal and shall become property of Us.

12. Product liability

We are only liable according to applicable laws product liability, in casu the Danish Product Liability Act, to the extent that such law contains definite legal provisions. Hence, We are not liable according to any product liability arising from strict case law.
We are only responsible for personal injury, if Purchaser can document that such injury is due to an error or negligence on our part, or others for whom We are responsible.
We are not responsible for damage to any movable or immovable property, which occurs while the products are in the Purchaser's possession.
In the event of the Us being liable for an injury caused by the product, the liability will be reduced proportionate with any own fault on the part of the Purchaser.
Insofar as We may be held liable for product liability vis-à-vis third parties, the Purchaser is obliged to indemnify Us to the extent of the restrictions on our liability under the previous clauses.
If a third party makes a claim against either party to the contract for compensation in accordance with clause 12.5 this party shall immediately notify the other party thereof.
We can never be held liable for indirect losses.
Any product liability is capped at DKK 1,000,000

13. GDPR

When placing an order with Us, we require the following information in order to accept and proceed the order:

Name
Address
Telephone number
E-mail address
Information regarding what you wish to purchase

We handle your personal data in order to ship the purchased products to you and in order to be able to communicate with you regarding your order.
We treat all personal data in accordance with our Privacy Policy. In our Privacy Policy you can read more about how We treat your personal data, how and when they are erased and which right you have as the registered party.

14. Applicable law and legal venue

Any dispute arising out of or in connection with a purchase governed by these General Terms and Conditions, including any disputes regarding the existence, validity or termination thereof, shall be settled by the courts of Denmark at the place of business for Buchardt-Audio ApS.
All disputes arising shall be judged according to Danish law.