LAB AUDIO TECHNLOGY

Terms and conditions

This Agreement was last modified on 18 February 2016.

PLEASE READ CAREFULLY

Please read our Terms and Conditions of Sale before placing an order. If you wish to keep a copy for your records please print out this screen.

1)Definitions

1.1 These Terms and Conditions of the company LAB Audio Technology® by Bocca Luigi Antonio (next referred to as “Seller”) registered in Italy with VAT number IT04420830822, (Registered Office PA – R.E.A. 309747 – Electric and Electronics Producer Register IT16060000009365- PA Via Sacra famiglia 1A , 90139 PALERMO – ITALY), shall apply to all contracts concluded between a consumer or a trader (next referred to as “Customer”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated. “Goods” means the goods or services supplied by Seller.

1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2)Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

2.2 The Customer may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Customer submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Customer may also present the offer to the Seller by means of telephone, fax, e-mail or postal service.

2.3 The Seller may accept the Customer’s offer within five days

< by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar as the receipt of order confirmation by the Customer is decisive, or
< by delivering the ordered goods to the Customer; insofar as the receipt of goods by the Customer is decisive, or
< by requesting that the Customer pay after he has placed his order.

The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Customer’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Customer is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall start on the day after the Customer has sent the offer and ends on the expiry of the fifth day following the sending of the offer.

2.5 The contract’s content will be stored by the Seller and will be sent to the Customer in writing including these Terms and Conditions and Customer Information (for example via e-mail, fax or letter) after the Customer has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Customer in the customer login via the password-protected customer account, provided the Customer has created a customer account in the online shop prior to submitting his order.

2.6 The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7 The contractual language is English.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Customer’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3)Right to Cancel

Customer are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.

4)Price and Delivery Costs

4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and not include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Customer. Such costs are, for example, money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.

4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal (Europe) S.a. r.l. et Cie , S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (next called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB. In case the Client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full.

4.6 Free Shipping – Free shipping is offered when certain amounts are exceeded, different for shipping areas. Shipments to EU and international are handled by DHL.
The amounts are specified in the following table:

  •  Area 00: Italy
    Shipping costs 6,49€
    Order qualify for free shipping over € 81,96
  • Area 01 : Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany,Greece, Hungary, Ireland, Latvia, Lithuania, Luxemburg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
    Shipping costs 16,39€

    Order qualify for free shipping over € 163,90
  • Area 02: Albania, Bosnia and Herzegovina, Gibraltar, Guernsey, Iceland, Jersey, Liechtenstein, Moldova, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Turkey
    Shipping costs 25,00€
    Order qualify for free shipping over € 250,00
  • Area 03: Canada, United States
    Shipping costs 29,00€

    Order qualify for free shipping over € 300,00
  • Area 04: South Africa, Bahrain, Brunei, China, Hong Kong, India, Indonesia, Japan, Kuwait, Malaysia, Philippines, Singapore, Thailand, United Arab Emirates, Greenland, Mexico
    Shipping costs 50,00€
    Order qualify for free shipping over € 500,00
  • Area 05: Bangladesh, Macao, Maldives, Taiwan, Belarus, Russia, Anguilla, Aruba, Bahamas, Barbados, Belize, Bermuda, Cayman Islands, Costa Rica, Curacao, Dominica, Dominica Republic, El Salvador, Guadeloupe, Guatemala, Haiti, Honduras, Jamaica, Martinique, Montserrat, Panama, Puerto Rico, Sant Barthélemy, Saint Kitts and Nevis, Santa Lucia, Saint Vincent and the Grenadines, Virgin Islands (British), American Samoa, Australia, Fiji, French Polynesia, Micronesia, New Caledonia, New Zelando, Samoa, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Uruguay
    Shipping costs 55,00€
    Order qualify for free shipping over € 550,00
  • Area 06: Israel, Oman, Qatar, Saudi Arabia
    Shipping costs € 50,00
    Order qualify for free shipping over € 500,00

Shipments to EU and international are handled by DHL.

We are sorry but don’t currently ship to United Kingdom  (GB) due to Brexit tax restrictions.

5)Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Customer, unless otherwise agreed upon. For the transaction procedure the delivery address specified by the Customer in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply, if the Customer hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Customer with reasonable advance notice about the service.

5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Customer at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Customer has asked for partial delivery, the Seller reserves the right to charge the Customer the additional delivery costs.

5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer when they come into the physical possession of the Customer or a person identified by the Client to take possession of the goods. Should the Customer act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Customer without delay and payments made by the Customer will be immediately refunded.

5.6 Should the Customer collect the goods himself, the Seller informs the Customer by e-mail that the goods are available for collection. After receiving the e-mail, the Customer may collect the goods in consultation with the Seller. In this case shipment costs will not be charged.

6)Liability for Defects

Should the object of purchase be deficient, statutory provisions shall apply.

6.1 If the Client is a trader, all of the following will apply:

  • a marginal defect shall generally not constitute claims for defects,
  • the Seller may choose the type of subsequent performance,
  • for new goods, the limitation period for defects shall be one year from delivery of the goods,
  • for used goods, rights and claims for defects are generally excluded,
  • the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.

6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.

6.3 For traders, the aforementioned limitations of liability and the restrictions of limitation periods do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to the following Section.

6.4 Furthermore, for traders the statutory limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of willful intent or gross negligence and fraudulent concealment of a defect.

6.5 If the Client is a businessperson, he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved.

6.6 The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

7)Liability

The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

7.1 The Seller shall face unlimited liability

  • in case of intent or gross negligence,
  • in case of injuries of life, body or health resulting from intent or negligence,
  • in case of a promise of guarantee, unless otherwise provided,
  • in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.

7.2 Should the Seller negligently infringe upon an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

7.3 For the rest the Seller’s liability is excluded.

7.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.

8) Law and jurisdiction

8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.

8.3 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

8.4 The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Last Update: 13 september 2021