1.1
In respect to business relations of all types between Heiko Schröder, represented by the firm PW:Microphonics, and his customers, the following Terms and Conditions hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.

§ 2 - Conclusion of a contract of sale

2.1
The firm PW:Microphonics reserves the right to deny all kind of services including the conclusion of a contract of sale at any time. Conclusion of a contract of sale requires the submission of all relevant customer datas and the adoption of these Terms and Conditions during the online-checkout process. Conclusion of a contract is completed by pressing the button "confirm order" in the online-checkout process.

2.2
Cancellation of a contract of sale requires the agreement of the firm PW:Microphonics. Cancellation after shipment is not possible. Cancellation after payment causes a 10% flat fee of the order amount to cover PW:Microphonics's costs.

§ 3 - Prices and Terms of Payment

3.1
All prices are binding at the time of contract conclusion. All offers – whether they be transacted by telephone, telefax, Internet, e-mail or in any other form – only become legally binding for the firm PW:Microphonics if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been delivered. All errors or short-dated price alterations are excepted.

3.2
All prices are in cash, including the German value-added tax/sales tax (VAT) of 19%. Prices don't include additional accessories, installation, training or other additional services unless they are declarated in writing by the firm PW:Microphonics or additionally ordered.

3.3
Invoices are payable immediately without any substractions. Payment is done if PW:Microphonics is able to dispose of the amount.

3.4
PW:Microphonics accepts advance payment only.

§ 4 - Delivery

4.1
All information concerning delivery times are without obligation and subject to change.

4.2
Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm PW:Microphonics, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch / BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.

4.3
All deliveries are insured against transportation damages for the full goods value. Therefore, the goods should be examined immediately at the moment of delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages, including damages of the package, are to be confirmed in written form by the transportation company at the moment of delivery. Furthermore, transportation damages are to be reported without delay in written form to PW:Microphonics. Transportation insurence expires if one of these points are not fulfilled.

4.4
Claims for damages against the firm PW:Microphonics arising from non-fulfilment of contract or delay are excluded.

4.5
Acceptance of the shipment is a customer's main duty. PW:Microphonics reserves the right to demand up to 30% of the gross value of good plus additional shipping costs for refusal or omission of acceptance and reshipment.

§ 5 - Rights of Refund

5.1
The customer has the possibility to return all articles from PW:Microphonics's current assortment without reason and within 14 days and, thus, to make use of PW:Microphonics's „money back warranty“, i.e. to the extent the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch / BGB]. This only holds true for sales contracts under delivery conditions or by indirect means (telecommunications) in accordance with § 312b German Civil Code [Fernabsatzvertaege]. The goods must be returned to the firm PW:Microphonics in the original packing and in orderly condition, without signs of use and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.

5.2
Rights of refund can only be exercised through the return of the goods, unless it is not possible to send the goods as a package. The refund deadline begins with the reception of the delivery by the customer.

5.3
Customers exercising their rights of refund must compensate the firm PW:Microphonics for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any acitivity which would reduce the value of the article.

5.4
The returned goods are to be sent to:

PW:Microphonics
Heiko Schröder
Gertrud-Baeumer-Stieg 20
21035 Hamburg
Germany

Costs for abroad shipping have to be taken by the customer.

§ 6 - Warranties and Claims for Damages

6.1
Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories, removal of labels, indicators or identifications or opening or alteration of original components by the customer or by a third party not authorized by the firm PW:Microphonics, are not protected by warranty.

6.2
Naturally occurring signs of use and insignificant variations from colour, size or other quality/performance parameters are equally excluded from warranty protection.

6.3
Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.

6.4
The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with German Law described in § 4.2. The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“ in the sense defined by § 14 German Civil Code [Buergerliches Gesetzbuch / BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk. PW:Microphonics warrants that the purchased products are flawless during these warranty periods.

6.5
Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.

6.6
The firm PW:Microphonics is liable for damages arising at the purchased goods directly (excepting damages arising according to § 6.1). Liability for compensation claims above and beyond this are excluded. PW:Microphonics is not liable for any kind of other damages. This exclusion of liability includes damages on objects that are not part of the contract of sale, damages to life, body and health, any kind of financial and capital damages. These exclusions are not applicable if they have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm PW:Microphonics or its legal proxies (e.g. its delivery service partners). The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm PW:Microphonics is limited to foreseeable damages alone.

6.7
Costs for shipping have to be taken by the customer in the case of goods return.

§ 7 - Reservation of Ownership

7.1
Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm PW:Microphonics. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches Gesetzbuch / BGB], the firm PW:Microphonics reserves its right of property until the full remittance of the purchase price.

7.2
The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm PW:Microphonics. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm PW:Microphonics and the customer, including interest and any subsidiary demands to be brought against the firm PW:Microphonics. The firm PW:Microphonics accepts this relinquishment of rights

§ 8 - Place of Execution and Place of Jurisdiction

8.1
Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.

8.2
The place of execution for all services and products negotiated in business transactions with the firm PW:Microphonics is Hamburg, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.

8.3
The exclusive place of jurisdiction for any legal proceedings against the firm PW:Microphonics is Hamburg, Federal Republic of Germany. The same holds true for legal action taken by the firm PW:Microphonics against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.

§ 9 - Final Clause

9.1
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.

9.2
PW:Microphonics reserves right to chance these Terms and Conditions without notice and at any time.

Hamburg, Federal Republic of Germany, december 9th, 2007

PW:Microphonics
Heiko Schröder
Gertrud-Baeumer-Stieg 20
21035 Hamburg
Germany

eMail: service@microphonics.de