The following terms and conditions of sale (“Terms & Conditions of Sale”) shall govern the legal relationships between Digitale Audio Systeme GmbH (“DAS” or “Us”) and its Customers (the “Customer” or “You”). By placing an order with DAS the Customer confirms that he has read, understood and agreed to these Terms & Conditions of Sale. The Terms & Condition of Sale do not affect any of the statutory rights of the Customer.
2. Conclusion of Contract
The presentation of our products (“Products”) on the DAS website does not represent a binding offer on the part of DAS to conclude a sales contract. Rather it represents an invitation to the Customer to submit an offer to purchase the Products.
By submitting an order, the Customer sends a binding offer to DAS to conclude a sales contract with him for the Product(s) specified in his order. By sending an order confirmation email („Order Confirmation“), DAS can accept that offer at its discretion.
After submitting an order, the Customer will at first receive an automatically generated confirmation of receipt email („Confirmation of Receipt“), confirming that DAS has received the Customers order. The Confirmation of Receipt does not represent an acceptance of the Customer’s offer on part of DAS. It solely informs the Customer, that his order has been received and will be processed. The sales contract is concluded, once DAS has sent its Order Confirmation to the Customer.
Ordering a Product from the DAS webshop encompasses eight steps:
- From the “Products”-menu, the Customer selects the Product or Products he wishes to purchase. Under the tab “Buy” he can select the internal and external options for each Product in the product configurator.
- By pressing the button „Add to Cart“ the Customer places his individually configured Product in his shopping cart and is automatically transferred to the “Shopping Cart” page.
- On the „Shopping Cart“ page, the Customer can view the details of his shopping cart and make changes if required. He can also obtain a provisional estimate of the delivery costs by entering the delivery destination after pressing the button “Calculate Shipping Costs”. From here the Customer can either continue shopping by pressing the button „Continue Shopping“ or proceed to checkout by pressing the button “Proceed to Checkout”.
- By pressing the button „Proceed to Checkout“ the Customer is transferred to the „Checkout“ page, where he can enter his contact and delivery details.
- By pressing the button „Place Order“ the Customer sends a legally binding order email (“Order Email”) to DAS. The Order Email can be submitted only after completing the contact details form and accepting these Terms & Conditions of Sale by ticking the box „I’ve read and accepted the Terms & Conditions of Sale”. Through clicking the hyperlink, the Customer can view the Terms & Conditions of Sale, download them or print them. By submitting the Order Email the Customer acknowledges these Terms & Conditions of Sale as binding for the sales transaction. The Customer’s order represents a binding offer to DAS to buy the Product(s) in his order.
- After submitting the Order Email, the Customer will receive an automatically generated Confirmation of Receipt, confirming that DAS has received the Customers order and will proceed to check it and calculate the delivery period (“Delivery Period”). The Confirmation of Receipt does not represent an acceptance of the Customer’s offer on part of DAS.
- After successfully checking the Customer’s order, DAS will send the Customer an Order Confirmation, which represents the binding acceptance by DAS to sell to the Customer the Product(s) in his order. The Order Confirmation contains all details of the Customer’s order, incl. the binding invoice amount, bank transfer details and estimated Delivery Period.
- Once the invoice amount has been credited to DAS‘ bank account, DAS will proceed to manufacture the specified Product(s) and dispatch them to the address specified in the Customer’s order.
It is the Customer’s responsibility to ensure that all information provided in the order form is complete and accurate. DAS cannot be held responsible for the consequences of incomplete or inaccurate information provided by the Customer.
3. Condition and Specifications of Product
The detailed condition and specifications of the Product(s) ordered can be obtained from the product descriptions on the DAS website. The pictures provided are for illustration purposes only and may not always correctly represent the Product(s) ordered. In particular colours of wooden or metal surfaces may vary depending on screens used for viewing or lightning conditions. The technical specifications are provided as accurately as possible, but may vary slightly without such variances representing a fault of the Product(s) delivered by DAS.
DAS retains title of ownership to the delivered Product(s) until the purchase price has been paid in full and until any and all previously existing claims have been settled.
5. Prices and Taxes
All stated prices are retail prices in Euro. Prices are displayed inclusive of VAT at the prevailing rate for EU-customers and without VAT for Non-EU customers. Prices do not include taxes, duties or custom fees charged by Non-EU governments nor service, payment or delivery charges, unless otherwise expressly stated.
For delivery to EU-countries:
For delivery to EU-countries, DAS charges VAT at the prevailing rate as stipulated by law.
For delivery to Non-EU-countries:
For delivery to Non-EU-countries, DAS does not charge VAT or any other taxes. However, Non-EU countries may subject imported goods to their local import duties and taxes for customs clearance. As customs policies vary by country, DAS cannot anticipate what these charges will be in Your specific case and therefore cannot assume any responsibility for such taxes, duties and fees charged by Your local authorities.
Since You will be responsible for payment of Your import duties and taxes, please contact Your local customs office for further information before placing Your order. Please also note that You must comply with all applicable laws and regulations of the country for which the Goods are destined. DAS will not be liable for any breach by You of any such laws.
Please be advised that we reserve the right to deduct, from any refund due to the customer, the costs incurred by us for the return shipment of Goods refused by the customer at Customs in the destination country.
6. Shipping Costs
Transport costs vary with size and weight of the goods shipped as well as according to destination country. The applicable shipping costs will be displayed in the online shop, once the delivery address has been entered.
The EU Consumer Law Directive 20011/83/EU has clarified that, if the Consumer cancels an order that has already been shipped, he has to cover the return transport costs, independently of the value of the goods shipped.
Once You place an order with DAS, we will send You an Order Confirmation, confirming the details of Your order, providing payment details and an estimate for Delivery Time. The estimated Delivery Time starts from the moment DAS has received Your payment. Please bear in mind that we manufacture Your Product(s) according to Your specifications. We will do our best to deliver the Product within the delivery estimate period, but the estimate is just that. Should we for whatever reason not be able to fulfil the estimated delivery period within a margin of 14 days, we will notify You by email and ask You whether You want to proceed with the order or cancel it. If You wish to proceed, we will provide You with an updated estimate for Delivery Time. If You decide to cancel Your order, we will reimburse You the purchase price.
Once we have shipped Your product, we will notify You of the fact per email providing a tracking number of the courier service, with which You can gauge the estimated arrival time at Your address.
8. Payment Terms
DAS requires payment in full prior to delivery and will suspend delivery until full payment is received. Payment is effected by bank transfer. DAS will inform the Customer oft the exact invoice amount and bank details in its Order Confirmation. Payment is due within 10 days.
9. Right of Withdrawal
Customers have the right to withdraw (“Withdrawal”) from any online sale’s contract for any reason within fourteen (14) calendar days, starting from the day of the receipt of the goods. In case of multiple Products ordered in a single order, the withdrawal period will end after 14 days after the Customer has received the last package of the order.
In order to exercise Your Right of Withdrawal, please inform DAS in writing either through the contact page on our website or per email at ‘email@example.com’. The Withdrawal will be deemed effective from the date of sending this email to DAS.
The Product or Products must be returned to DAS without excessive delay, but not later than fourteen (14) days after the day the Customer has exercised his Right of Withdrawal.
The Products to be returned must be in original condition with original packaging and accessories. In case of changes in product condition or missing packaging or accessories, DAS reserves the right to refuse to refund the purchase price to the Customer or to reduce the amount of this refund by the appropriate repair or replacement costs.
The customer’s warranty rights are determined by the local statutory rights of his country of residence.
Complimentary to his statutory rights, DAS provides the limited warranty to the original purchaser of a DAS-product that the Product will be free from defects in material and workmanship, under normal use (i.e. in accordance with the instructions in the owner’s manual) and for a period of two years from the date of purchase/delivery (the “Warranty Period”). The limited warranty is documented by the warranty certificate. DAS will issue the warranty certificate for the Product as soon as it receives the warranty registration request from the customer. The customer has to register his product within 30 days after purchase/delivery.
This limited warranty is valid for the original purchaser of the Product covered and may not be transferred to subsequent owners. The Warranty Period begins with the purchase/delivery of the Product and its registration and ends with the expiration of the Warranty Period.
The detailed warranty conditions are described in the document “Warranty Conditions” on the DAS website
Digital Audio Systems GmbH takes the protection of Your privacy very seriously. Data are the basis for providing good service and communication. Protecting Your data and using it only in the manner
You expect, is very important to us. For this reason it goes without saying that we observe all legal regulations regarding data protection. It is also important to us that You always know which data we store, when we store it, and what we do with it.
Your visit to our websites is recorded. Basically we record the IP-address currently used by Your service provider, together with the time and date of Your visit, the browser type and operating system used by Your PC and the pages You have viewed. Generally speaking, it is not possible to infer personal information from this data and that is not our intention, in any case.
The only purpose of collecting this information is to help us to optimize our internet offering for You. We analyze this information for statistical purposes only – and on an anonymous basis – and carry out no further analysis of the data. In particular, we do not create or process personal surfing profiles or similar records.
Collection of personal data
Personal data comprises information which can be used to reveal Your identity. This includes personal information such as Your name, address, telephone number and e-mail address. This data is only collected, when You provide it to us Yourself, for instance when requesting information material via our website or email, or when You enter into a purchasing agreement with us. The data is transmitted without any encryption, so it cannot be completely excluded that a third party may gain unauthorised access to this information.
Processing and transferring of personal data
Personal data which You provide to us is processed and stored solely for the purpose of correspondence with You and only for the purpose for which You made the data available to us (e.g., for replying to a request or processing a purchase order). The data requested is kept to an absolute minimum required.
We may also use this information to contact You from time to time regarding occasional special offers, to keep You informed about new products or services, and other services which might be of interest to You. Naturally You can cancel this at any time.
We do not pass on Your personal data to any third party. If we are obliged legally or by court decision to provide personal data, we make it available to state institutions and authorities only, which are entitled to receive that information.
Consent and cancellation
If You have provided us with personal data, You are entitled at any time and without giving any reasons to request it’s deletion. Data used for invoicing and book-keeping purposes is exempted from Your right of cancellation and deletion.
You are entitled to information regarding the stored data relating to Your person, its origin and its recipients, and also the purpose for which the data is processed at any time. You can request information about the stored data at ‘firstname.lastname@example.org’.
12. Applicable Law
These Terms & Conditions of Sale are governed by and construed in accordance with the laws of the Republic of Austria. This choice of law in no way affects the statutory rights of the Customer. Any dispute arising from, or related to, this Terms & Conditions of Sale shall be subject to the non- exclusive jurisdiction of the competent courts of Vienna.
13. Amendments and Severability Clause
DAS reserves the right to make changes to its website, policies and Terms & Conditions of Sale at any time. You will be subject to the terms and conditions and policies in force at the time that You order products from us, unless any change to those terms and conditions or policies is required to be made by law or government authority (in which case it may apply to orders previously placed by You).
If any term or condition of these Terms & Conditions of Sale is or becomes invalid, void or unenforceable in any jurisdiction to any extent, then such term or condition will to that extent be severed in that jurisdiction from the remaining Terms & Conditions which will continue to be valid to the fullest extent permitted. Therefore, any invalidity, or unenforceability of any term or condition in any jurisdiction shall not affect:
- the validity or enforceability in that jurisdiction of any other provision of these Terms & Conditions of Sale; nor
- the validity or enforceability in other jurisdictions of that or any other provision of these Terms & Conditions of Sale.