Standard Business Terms and Customer Information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (DaCapo Audio ApS) via the www.dacapoaudio.com website. Unless otherwise agreed upon, no terms of your own can influence concluded contracts.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) By placing a product on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the product description unless a gross and obvious mistake has been made in pricing or the product has become permanently unavailable.
(3) The actual purchase agreement is made via the online shopping system as follows:
a) During your shopping session you add products to the virtual shopping basket by clicking the appropriate 'Add to Basket' buttons. You can inspect the contents of your basket at any time by licking the 'Basket' link in the top right corner. While inspecting your basket you can remove unwanted items or change quantities as you please.
b) When satisfied with the contents of your basket, click the 'Proceed to Checkout' button to continue. Once the required personal data, shipping, and payment information has been entered to your satisfaction, you may complete the order by clicking the 'Place Order' button. By clicking the 'Place Order' button to submit the order, you declare acceptance of the order in a legally binding way and of your obligation to pay.
c) We will send you a receipt for your order at once, and then proceed to check the details of your order against our inventory. If the ordered products are available we will send you a legally binding order confirmation by which the purchase agreement is finalized.
(4) You are not bound by any inquiries you have made to us regarding the creation of an offer. We will respond to such inquiries by sending you a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is correct, and that the receipt of the relevant e-mails is guaranteed. In particular, you have to ensure that the relevant e-mails are not blocked by a SPAM filter.
§ 3 Change of heart
(1) If you are an EU consumer (any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity), we grant you a probation period of 14 days, where you are allowed to have a change of heart and return the goods to us for a refund.
The refund amount for returned goods will be any payments we have received from the customer for the returned goods, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) minus any depreciation caused by the customer's temporary ownership of the goods ( see 3.3 ) and any additional transportation costs incurred by the customer’s use of a third party transportation service ( see 3.5 ).
(2) The probation period commences as soon as you, or a third party other than the carrier appointed by you, receive the ordered goods and expires after 14 days.
(3) During the 14 days probation period you may readily examine the product in the same way as a consumer would expect to be allowed when making a purchase in a physical store. You shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods outside this scope.
Even if the product is used or handled outside this, you still have the right to cancel your purchase, but you as a consumer have to pay the difference if the product depreciates in value. The depreciation in value is assessed by the seller.
(4) In order to exercise your right to return you must notify us in a clear and unambiguous manner within the 14 day period. You can notify us by email, telephone or written letter to DaCapo Audio ApS, Oldenburg Allé 7, st – 2630 Taastrup Denmark, telephone +45 89885070, email [email protected].
You must return the goods to us without unnecessary delay and no later than 14 days after your initial change of heart notification. The return address is
DaCapo Audio ApS
Oldenburg Alle 7 st.
DK-2630 Taastrup
Denmark
The seller is only obligated to accept returns delivered to the above address. Returns to other addresses and pickup points are not accepted.
(5) You can return the goods in person or arrange a transport with a third party. In any case you are responsible for the safe return of the goods. If the return involves a third-party transport service then the buyer must cover all direct costs including additional costs imposed directly on the seller by the transport service. For example, but not limited to, surcharges for insufficient postage, customs handling fees and VAT / customs duties. Additional transport costs will be deducted from the refund amount.
(6) We will refund the residual amount without unnecessary delay and no later than 14 days after receiving the goods or evidence of the shipment of the goods whichever comes first. The seller may withhold a reasonable amount to cover eventual costs as described in 3.3 and 3.5 until 14 days after receiving the goods.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) We offer consumers 24 months of warranty. If your warranty claim is justified we will offer to repair, replace, or refund your goods, depending on the situation.
(3) Your warranty claim is justified only if the occurring fault or defect was not caused by misuse of the product or other damaging behavior by you.
(4) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(5) Once a fault or defect has been discovered you must disclose your complaint within a reasonable amount of time. Complaints disclosed within two months after initial discovery are always deemed to be timely.
(6) If you complaint is justified we will reimburse the cost of your return, provided that the cost is reasonable. You must package the goods safely and provide a receipt for the shipping cost.
(7) The goods must be sent to
DaCapo Audio ApS
Oldenburg Alle 7 st.
DK-2630 Taastrup
Denmark
(8) When returning the goods you must provide a fault description that is a detailed as possible.
(9) If you are a businessman, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the product.
b) If the goods are found to be faulty, we shall reserve the right to remove the defect by repairing or replacing the goods. If two attempts to remove the defect fail, you can demand a reduction in the price or withdraw from the contract at your discretion, unless the nature and/or circumstances of the object or defect speak against it. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfillment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by willful intent or gross negligence;
- insofar as we have willfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used in a combination or amalgamation in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorized to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Choice of law, place of fulfillment, jurisdiction
(1) Danish law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfillment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Denmark or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
_______________________________________________________________________________________
II. Customer information
§ 1 Identity of the seller
DaCapo Audio Aps
Oldenburg Alle 7 st
DK-2630 Taastrup
Denmark
Telephone: +45-89885070
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
§ 2 Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
§ 3 Contractual language, saving the text of the contract
(1) Contract language shall be English.
(2) The complete text of the contract is not saved with us. Before the order is sent by the online shopping system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
(3) You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping system, which can be printed out or saved electronically in a secure manner.
§ 4 Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
§ 5 Prices and payment arrangements
(1) The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
(2) The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate ('basket') button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
(3) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
(4) The payment methods that are available to you are shown by clicking the appropriate ('basket') button on our website or are disclosed in the respective quote.
(5) Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
§ 6 Delivery conditions
(1) The delivery conditions, shipping date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
(2) If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
§ 7 Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 10.01.2023