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General Terms and Conditions of Business

Here you can find our general terms and conditions of business.

§ 1 Scope

All business dealings between designatics production GmbH (hereafter referred to as designatics) and the customer ordering the sonic chair (hereafter referred to as the customer) are subject solely to the following general terms and conditions of business as valid at the time the order is placed. Any other conditions set out by the customer will only be recognised by designatics in cases where designatics has expressly provided written consent that such conditions will be recognised.

 

§ 2 Conclusion of a Contract

Your order represents an offer to us to conclude a contract for a piece of work. After receiving your order, we will send you an e-mail along with our general terms and conditions of business, which will confirm the receipt of your order and enumerate all of the details (order confirmation). This order confirmation does not represent the acceptance of your offer. The contract is only considered to be concluded when you have expressed your agreement with regard to the order confirmation and we have subsequently sent you an invoice.

 

§ 3 Payment

Unless other arrangements have been agreed to, invoices for foreign orders are to be paid in full. designatics will only begin with the production of the sonic chair as ordered after payment has been received. For domestic orders, 50 % of the total sum must be remitted upon receipt of the invoice and the remaining 50 % is to be paid on delivery.

 

§ 4 Delivery

Unless other arrangements have been agreed to, delivery will be made to the delivery address provided by the customer by a shipping company commissioned by designatics. Information regarding the delivery date is not binding, unless a binding delivery date has been agreed to under special circumstance. The risk is assumed by the customer once the delivery has been made. Up until this time, the sonic chair is protected by the shipping company’s shipping insurance.

In the event that circumstances beyond the control of designatics prevents the delivery, or in the event that one of designatics’ suppliers has not met its contractual obligations, designatics has the right to renege on its contractual obligations to the customer. In such cases, the customer will be immediately informed that the sonic chair ordered is not available. This has no effect on the legal claims to which the customer is entitled.

In cases where a delivery to the customer is not possible, because the customer cannot be found at the delivery address provided, although the customer was informed of the delivery date in due time, the customer will be responsible for the costs of the unsuccessful delivery.

The customer must examine the sonic chair after it is delivered to ascertain whether there are any flaws, and make complaints regarding incomplete/incorrect delivery or obvious faults immediately after receipt by Fax under +49 221 9321321 or by e-mail under info@sonic-chair.de. Otherwise, it will be assumed that the product has been accepted as delivered.

 

§ 5 Liability

In the event of a defect in the sonic chair, legal regulations apply. Claims resulting therefrom may not be assigned to a third party.

Provided that no exceptions are granted in the following, further claims on the part of the customer – regardless of their legal basis – are precluded. designatics is therefore not liable for not directly incurred by the delivered object itself; designatics is specifically not liable for other property damages incurred by the customer. To the extent that designatics’ contractual liability is precluded or limited, this also applies to the personal liability of employers, representatives, and agents acting on their behalf.

The above mentioned liability limitation does not apply when the cause of damage was deliberate or due to negligence or in cases of personal damages. It also does not apply when the customer makes a claim that is subject to legal regulation.

To the extent that designatics breaches an essential contractual obligation through negligence, the obligation to provide compensation for damage to property is limited to damages related to typical causes.

 

§ 6 Guaranty

To the extent that a defect in the sonic chair is found, for which designatics is responsible, we are entitled to repair the defect or provide a replacement at our discretion. An agreement regarding the mode according to which a guaranty is to be fulfilled must be reached with us in advance; specifically, the customer does not have the right to return a defective product to us at our cost without previous consultation. Depending on the type of defect, it may be possible to commission a local tradesman with the removal, delivery, and installation of the defective part on site. If the repair is unsuccessful, the customer has the right to rescind the contract or to demand a commensurate price reduction.

In cases where the claim is satisfied by delivering a replacement, the customer is obliged to return the originally delivered sonic chair to designatics within 30 days at designatic’s cost. The shipping mode (sea, air or surface cargo), as well as the packaging, are to be determined in consultation with designatics beforehand. For this reason, we recommend that the customers save the transport crate.

The guaranty is valid for twelve (12) months, from the date of delivery.

The guaranty does not cover damages such as natural wear, or such damage as caused by improper use, of by a lack of care or improper care, this includes defects due to improper installation on the part of the customer, or by a third party charged with the installation by the customer, improper operation, interference with or modification of the sonic chair by the customer or unauthorised third parties.

 

Examples of improper use are:

–         Loads in excess of 140 kg

–         Aggressive swivelling up to the stopping point

–         Sitting in the chair with sharp or pointed objects in or on one’s clothes

–         Pushing in the loud speaker covering

–         Using aggressive cleaning agents

–         Connection to other than the recommended voltage

 

Please note:

The sonic chair is a piece of high-quality furniture equipped with high-end sound technology and should therefore always be treated with the corresponding care.

 

§ 6 Data protection

We collect, process and use your personal data according to the legal regulations.

 

§ 7 Applicable Law and Court of Jurisdiction

All agreements are subject to German law, exluding the CISG. Cologne is the sole court of jurisdiction for proceedings related to this contract.