Terms and Conditions
All agreements that we execute with consumers using electronic order service shall be subject to the following terms and conditions of business.
§2 Formation of agreement
The following regulations count for purchases done on our website
In the case of a purchase the sales contract is concluded with
Mikrofonmanufaktur Di Fresco
§3 Execution of agreement
Goods presented in our Online Shop are subject to change at any time and do not represent any legal offer.
They are invitations to treat. By clicking the button “Add to Basket” the customer may place selected products in the virtual shopping basket. This action is not binding and does not represent a legal offer. Before an order is submitted the order will be summarised together with customer information on a summary page. On this page the customer can correct all order information using the fields provided therefor.
The customer submits a binding offer to us for the execution of a purchase agreement by clicking the button “Place Order”. After an order has been submitted the customer will receive an e-mail from us within 30 minutes confirming that the order has been received and specifying the details of the order (Confirmation Receipt). This Confirmation Receipt does not constitute acceptance. An agreement shall be deemed concluded upon receipt of an order acknowledgement or upon shipment of the goods.
The customer warrants that all of the information provided by him or her for the order or Online Shop registration (e.g. name, address, e-mail address, etc.) is true and correct. We are to be informed of any changes without undue delay.
§4 Prices, shipping and handling costs
Prices listed on our Internet pages don't include legally applicable value–added tax.
Please take account of the fact you may possibly have to pay turnover tax on imports and customs duty.
We shall pay the costs of standard shipping. Express shipments are paid by the customer. Shipments are sent with DHL International. If the parcel courier is unable to deliver a package to you because you are not home or no one is available to take receipt of the package, the parcel carrier shall attempt to re-deliver packages at a different time or day. However, no more than three attempts shall be made to deliver any packages. After the third attempt, packages shall be returned to us. Therefore please furnish us with a daytime address, if possible, where someone will be available to take receipt of packages (possibly your place of business, a neighbour, an adjacent business, etc.).
The customer may generally choose his or her method of payment: bank transfer, PayPal or credit card.
If an ordered item is not deliverable, because our supplier despite a contractual obligation to due so has not delivered through no fault of our own, then we are entitled to rescind the agreement. In such case we will immediately inform the customer that the ordered good is not available and any payments already made shall be promptly returned.
Shipments will be dispatched within 1-2 days after receipt of payment.
§5 Reservation of title
Goods that are delivered shall remain our property until fully and completely paid for.
§6 Right of revocation or rescission
You may revoke your offer or otherwise rescind the agreement in writing (e.g. letter, fax, e-mail) within 14 days without stating the reasons therefor – or if a good has been delivered to you by returning it within the specified period. The period shall begin to run upon receipt of this instruction in writing, however, not before receipt of the good by the recipient, and not before complying with our informational and disclosure obligations pursuant to Article 246 Section 2 in conjunction with Section 1 (1) and (2) of the German Introductory Act to the Civil Code (EGBGB) as well as our legal obligations pursuant to Section 312e(1) (1) of the German Civil Code (BGB) in conjunction with Article 246 Section 3 of the German Introductory Act to the Civil Code (EGBGB). The timely dispatch of the revocation of the offer, notice of contractual rescission or return of the good is enough to preserve the rights of revocation or rescission. Notices of revocation or rescission are to be sent to:
Mikrofonmanufaktur Di Fresco
§7 Effect of revocation or rescission
In the event of a legally binding revocation or rescission, mutual consideration that has been given shall be returned together with any benefits derived therefrom (e.g. interest). If you are unable to return the product or services received, either in whole or in part, or can only return such, in whole or in part, in a poor or deteriorated condition, then you must furnish us equivalent compensation, as applicable. Incidentally, you may avoid any obligations of compensation for resulting wear and tear through use by not using the good as your own property and by refraining from doing anything that impairs the value of the good. Goods are to be returned properly packaged for shipment at our risk.
Payment reimbursement obligations must be completed within 14 days after receipt of return.
The unrestricted warranty provisions for customers who have placed an order as a consumer shall apply.
In addition we grant you a 3-Year warranty, which comes into force right after the purchase.
§9 Liability for damages
The following exclusions and limitations for liability shall apply to our liability for damages irrespective of other statutory prerequisites for asserting a claim.
We shall be liable to the extent intent or gross negligence is proven against us. We shall only be liable in cases of simple negligence if we have breached a material contractual obligation necessary for carrying out contractual performance and such an obligation is the type of which contractual partners would normally expect to be performed (a so-called cardinal duty). Otherwise, liability for damages shall be excluded for losses of any kind regardless of the basis of the legal claim including any liability based on a culpa in contrahendo cause of action.
If we are held to be liable for simple negligence pursuant to paragraph 1 above, then our liability for loss shall be limited to those losses that we should have been able to reasonably foresee given the circumstances known to us at the time the agreement was executed.
The aforementioned exclusions and limitations to liability shall not apply if we have assumed a guarantee or adopted an express warranty with regard to the quality or characteristics of the good; for losses, which must be compensated for pursuant to the German Product Liability Act; for injuries resulting in death, personal bodily injury or health; or for statutory claims.
The aforementioned exclusions and limitations to liability shall also apply for the benefit of our employees, agents and other third party subcontractors that we engage in order to satisfy our contractual obligations.
We specifically point out that all images and photographs on our website are protected by copyright law.
Please be aware that infringements can be prosecuted.
§11 Governing law
The laws of the Federal Republic of Germany shall be used to construe, interpret and govern these terms and conditions of business and the entire legal relationship between us and our contractual partner, excluding therefrom the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§12 Final provisions
This agreement contains the entire agreement of the parties. No ancillary agreements have been made.
Should a term or provision of this agreement be held to be invalid or unenforceable, this shall not affect the remaining valid and enforceable terms and provisions of this agreement. The invalid or unenforceable term or provision shall be replaced with a valid term or provision that comes closest to the invalid or unenforceable term or provision.
§13 Contractual Language
The contractual language is German; should correspondence be conducted solely in the English language,
then English is also the contractual language.
§14 Customer Service
Our customer service for questions, enquiries and claims is available on working days from 10 AM to 5.30 PM - Central European Time.
Phone: +49 (0) 7144 865 8701
Fax: +49 (0) 7144 865 9622
Mikrofonmanufaktur Di Fresco
71711 Murr (Germany)