Shure Shop Standard Terms of Trade

General Business Terms and Conditions of RHIEM Services GmbH

General Business Terms and Conditions of RHIEM Services GmbH

Status 27.04.2016

1. Scope of application, contractual partners

These General Business Terms and Conditions apply to contracts for the purchase of goods and provision of services by RHIEM Services GmbH to its non-professional customers, i.e. consumers as defined in art. 5.3.

2. Duty of information for online orders and contracts

2.1 The contractual partner of the customer is RHIEM Services GmbH, Gildeweg 10, 46562 Voerde, Germany, telephone +49.2855.9700970, fax +49.2855.970021, e-mail: support.shure@rhiem.com, reg. no. HRB 10010, Duisburg District Court, VAT ID no.: DE 811718358, represented by its managing directors Dr.-Ing. Stefan Rhiem, Franz Rhiem and Dr.-Ing. Peter Lorenzi. The company does not operate agencies in other EU member states. RHIEM Services GmbH is hereafter referred to as "RHIEM". Any possible complaints regarding the products or services should be addressed to RHIEM, who will ensure that these complaints are dealt with in a timely and correct manner.

2.2 The essential features of the goods and services are detailed in the description of the respective item, and can be called up during the order transaction. 2.3 RHIEM reserves the right to withdraw from a contract, if, due to no fault of its own, it is unable to supply the ordered good, as its subcontractors have failed to meet their obligations.

2.4 The contract is entered into in the following ways: The order is made through the online shop in one of the languages available there. The order constitutes an offer to RHIEM to enter into a purchasing contract. The customer receives an initial confirmation that the order has been received. This confirmation is not a confirmation of completion of the contract. A contract is only concluded, if the order is accepted by e-mail notification to the customer. RHIEM undertakes to dispatch the ordered goods/provide the ordered service within a period of five days, except where it is indicated otherwise in the order confirmation. The contract can be concluded in German, English, Dutch and French. If the contract is concluded in another language than German we inform the costumer that only the German version of these terms and conditions is valid

2.5 The prices quoted on the website include VAT at the applicable rate. The costs for packaging and postage costs as well as any applicable import duties shall be payable by the customer.

2.6 Unless specified differently, all information provided by RHIEM is valid at the time of visit of the website by the customer, as product and service details, offers and prices published by RHIEM are constantly updated.

3. Cancellation instruction

Right of cancellation

As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason.
This period begins on the day of receipt of the goods by you or a party appointed by you other than the shipping contractor.
To cancel your order, you must notify

RHIEM Services GmbH
Webshop SHURE
Gildeweg 10
46562 Voerde
Germany
Fax +49 2855 9700 21
E-mail: support.shure@rhiem.com

of your decision by post, fax or e-mail, stating clearly that you wish to withdraw from the contract. To do this, you can use the enclosed cancellation form.
Cancellations can also be made through our website www.shureshop.eu/en/right-of-cancellation where you also find an electronic cancellation form. If you cancel your order through the website, we will send you a confirmation of receipt of your cancellation (by e-mail). To cancel an order, it is sufficient to notify us within the cancellation period. 
Effects of cancellation
In the case of effective cancellation, we shall refund you all moneys received, including shipping costs (with the exception of additional costs that have arisen from your decision to opt for a delivery method other than the offered, cheaper standard shipping method) within maximum 14 days from the date at which we have received your cancellation notification. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the refund to you until we have received the returned goods or proof that the goods have been returned, whichever is the earlier.
You must send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the date of your order cancellation. The deadline is met if you dispatch the goods before the period of 14 days has expired.
All direct costs for the return of the goods shall be paid by you.
In the event of deterioration of goods, you are only required to pay compensation if the deterioration is the result of any product use that goes beyond the inspection of characteristics and function.


– End of cancellation instructions –

Exceptions: The right of cancellation shall not apply to goods that have been produced according to customer specifications or that have been customized to meet individual requirements. Also excluded are goods which are unsuitable for a return for reasons of the protection of health or hygiene, sealed goods if their sealing was removed, and audio, video and software products where the packaging seal of the storage device has been broken by the purchaser.
Returns handling: To ensure speedy handling of you cancellation, we kindly ask you to return the goods in the original packaging including all packaging parts, or in other suitable transport packaging. We recommend requesting a signed receipt for the goods from the shipping company service handling the return. This receipt should be kept until the returns procedure is completed. Please note that the modalities named in this paragraph are not a precondition for an effective execution of the right of cancellation.

RHIEM Services GmbH – Cancellation form
(To cancel your order, please complete the form and return it to us.)
Send cancellation form to:

RHIEM Services GmbH
Webshop SHURE
Gildeweg 10
46562 Voerde
Germany
Fax +49-2855-9700-21
E-mail: support.shure@rhiem.com

We/I (*) herewith cancel the purchase order of the following goods
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Date of order (*)/receipt of goods (*): ___________________________________________________
Order no.: _________________________________________________________________________
Name(s) of consumer(s): _____________________________________________________________
Address of consumer(s): _____________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Date, signature of consumer(s)
(*) please cross out sections that do not apply.

4. 30 days money-back guarantee

4.1 In addition to the legal 14-days cancellation period mentioned in chapter 3 we grant our customers, who are consumers, upon expiry of the 14-days cancellation period a money-back guarantee for another 16 days (30 days in total) according to the following provisions. This is an additional accommodation of our company in the benefit of our customers and does not constitute a right of cancellation as defined in art. 3. In the whole period of the 30 days money-back guarantee the consumer has the right to return the goods purchased in our online shop without giving any reason by submitting the invoice and sending the goods back.

4.2 The 30 days period begins after receiving this admonition in writing (e.g. by post, telefax, e-mail), the goods and the performance of all information obligations in distance marketing and e-commerce (see chapter 3). The deadline is met if you inform us in writing about your decision to withdraw from the contract and dispatch the goods before the period has expired.

4.3 In the period from day 1 to day 14 the money-back guarantee will be effected only according to the conditions of the right of cancellation mentioned in the legal cancellation policy in chapter 3 (see there). The conditions mentioned in chapter 4 of these terms and conditions only apply to the subsequent 16 days.

4.4 All direct costs for the return of goods shall be paid by you. To ensure speedy handling of your cancellation, we kindly ask you to return the goods in the original packaging including all packaging parts, or in other suitable transport packaging. 

4.5 The 30 days money-back guarantee shall not apply to goods that have been produced according to customer specifications or that have been customized to meet individual requirements. Also excluded are goods that, due to their properties, are unsuitable for return delivery, or in case of delivery of sealed goods which are unsuitable for a return for reasons of the protection of health or hygiene if their sealing was removed, and audio, video and software products where the packaging seal of the storage device has been broken by the purchaser.

4.6 If the customer avails himself/herself of the possibility of the 30 days money-back guarantee, we are entitled to claim an adequate usage fee for the period of time the goods remained with the customer exceeding the 14-days cancellation period. Furthermore the customer availing himself/herself of the 30 days money-back guarantee upon expiry of the 14-days cancellation period has to substitute the impairment or the value of the goods insofar as he/she cannot return the goods properly because he/she is responsible for the deterioration, the destruction or any other impossibility. Besides the customer can avoid the obligation to pay a compensation by not treating the goods as his/her property and refraining from everything impairing the value.

4.7 If individual components of a bundle or set are returned within the 14-days cancellation period or the 30-days money-back guarantee period, the products remaining with the costumer will be charged at the regular prize.

5. Information on Ordering over Electronic Channels

5.1 In order to order goods from the RHIEM online shop, the customer first needs to find the goods in the website catalogue and place them in the "Shopping Cart". The shopping cart contains a list of all the goods that the customer has selected for purchase. Goods can be changed according to quantity or completely removed from the shopping cart.

5.2 Once the shopping cart contains all the goods required in the necessary quantities, the order transaction can be continued by pressing the relevant button. Subsequently, the customer will be asked for his invoice and delivery address, and the payment and shipment method desired. Prior to placing the final order, all the details of the order are displayed in summary and can be modified by the customer if required.

5.3 If the customer is a consumer, i.e. a natural person who enters into a legal transaction for purposes that are outside his trade, business or profession, he then has the option to read, print or save the General Business Terms and Conditions. After the customer has confirmed that he has read and accepted the General Business Terms and Conditions as part of the purchase contract, he can continue the order process.

5.4 The order becomes binding as soon as the customer has sent it. When the order is received, the customer is issued a confirmation including these General Business Terms and Conditions.

5.5 The order details including the personal data entered by the customer is electronically stored by RHIEM.

6. Payment terms and retention of title

6.1 Upon entering into a purchase or service contract, the customer is obliged to pay the purchase price, service fee or license fee.

6.2 The preferred method of payment is by credit card. For payment by credit card, the customer authorizes RHIEM to deduct the amount due from his credit card or by means of online banking transfer.

Alternatively, we accept PayPal. Giropay and Sofortüberweisung are only available for payments in Germany and Ideal is additionally available for payments in Belgium and the Netherlands.

6.3 Until full payment is made, the goods and service remain the property of RHIEM. In the event that the purchase price is not paid in full, the customer must inform RHIEM immediately and in writing of this fact.
This also applies to cases where the goods are subject to claim by a third party or are otherwise exposed to interference by a third party. In goods subject to retention of title are resold, the customer agrees to assign all claims from the resale to RHIEM, irrespective of whether these have arisen prior to or after processing of the goods.

7. Shipping and delivery terms

If goods are to be shipped to the customer's delivery address, the customer shall pay all delivery costs and import duties, where applicable. Delivery is by Delivered at Place (DAP). The packaging and/or shipping costs can be calculated by the customer online when placing the order from the online shop.

8. User name / password / customer code

8.1 Upon acceptance of the order, RHIEM activates a user account for the processing of orders and payments and informs the customer of the account details, as soon as he has entered his address. A user ID, password and if required a customer code are setup within the bounds of this and provided to the customer. This information serves to identify and authorize the customer and may only be used by the customer himself. The customer is obliged to handle the information with all due care and confidentiality and protect it from access by third-parties.

8.2 If the customer suspects that his data is being used by a third party without his consent, he must immediately notify RHIEM so that the respective account can be blocked.

8.3 In the event of default in payment, revocation of the direct debit authorization, blocking of the specified bank account or expiry of the credit card, RHIEM is entitled to close the user account of the customer.

9. Warranty and liabilit

9.1 If the products’ quality does not comply with the product descriptions published by the manufacturer, the customer is entitled to a rework, repair or replacement at no charge. If reworking, repair or replacement cannot be made successfully within a reasonable period of time after delivery, the customer shall be entitled to withdraw from the contract or demand a reduction in price.

9.2 Unless specified otherwise below, any other claims by the customer, on whatever grounds, shall be excluded. RHIEM shall not be liable for damage other than damage to the delivered goods. In particular, RHIEM shall not be liable for loss of earnings or other damage to the property of the customer. The limitations regarding liability on the part of RHIEM also apply to the personal liability of its employees, representatives and agents.

9.3 The above limitation of liability shall not apply in cases where damage has been caused intentionally or as a consequence of gross negligence, or where personal injury has been caused. The limitation of liability shall not affect the customer's legal rights.

9.4 In the event of RHIEM breaching its contractual obligations due to negligence, compensation for damage to property shall be limited to typical damage.

9.5 If the packaging of the goods is obviously defective or damaged, the customer must immediately notify the transport firm or courier service.

9.6 If the complaint is without foundation and the goods are free of defects, RHIEM shall be entitled to charge the customer a shipping and inspection charge of EUR 40. If the customer can prove that the actual costs were higher or lower, the charge shall be adjusted accordingly. In all cases, the customer shall pay the shipping costs.

10. Data protection

10.1 If you have any queries or concerns regarding the collection and use of your personal data, if you wish to consult, correct or block personal data or revoke your consent of using your personal data, please contact RHIEM (for contact details, see 2.1). According to the terms of the data protection legislation, RHIEM is the partner responsible for data protection.

10.2 All data submitted by the customer (e.g. name, e-mail address, private and business address, password, credit card number, invoice address), including all personal data, is used for the processing of the customer's order. All personal data is collected and used in accordance to the regulations laid down in the applicable European legislation concerning the protection of personal data. All such data is transmitted through the internet as SSL encrypted data. No personal data is processed outside the European Union. With respect to the processing of personal data, RHIEM (see art. 2.1 for contact details) will act as the “controller” as defined in the applicable European and/or national legislation.

10.3 Your payment-related data is forwarded to the credit institute through which payment is to be made, as this is necessary for the handling of your order. Provided that the customer has given his explicit consent, we are also entitled to disclose personal data to Kensington, RHIEM Distribution Systems GmbH and Shure Europe GmbH as well as its regional distribution units. Your personal data shall not be disclosed to any other third party. Please note that your consent for the disclosure of your personal data can be given electronically on the website. Your consent is thereby logged. You are entitled to revoke your consent at any time. Moreover, you will at all times have the right to consult and correct your personal data.

10.4 We save the contract text and send a copy of the order data and our General Business Terms and Conditions by e-mail to the customer. The customer has the option to view previous orders in the customer area of the website. To enable customers to shop online, cookies are used on certain pages. Cookies are small text files that are transferred from the online shop to your computer. You have the option to accept, manage and block cookies by adjusting your web browser settings accordingly. If you nonetheless decide to disable them, you will not be able to use certain key functions of our website, such as the shopping basket. Cookies are used exclusively to make certain applications accessible and do not contain any personal data.

Use of Cookies
To make visiting our website attractive and allow for the use of certain functions, we use cookies on different pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session or after you close your browser (so-called. Session cookies). Other cookies remain on your device and allow us or our partner companies to identify your browser the next time you visit the website (persistent cookies). You can set your browser so that you are informed about the use of cookies and can decide individually about their acceptance or exclude the acceptance of cookies in certain cases or in general. In case of the non-acceptance of cookies, the functionality of our site may be limited.

10.5 The data protection policy and consents can be viewed at any time on www.shure-shop.eu/en/privacy.

Type of collected information
This web site uses Google Analytics, which is a web analyzing service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files that are stored on your computer and allow an analysis of how you use the web site. The information created by the cookie about how you use this web site is usually transmitted to and stored on a Google server located in the U.S. As IP anonymisation is active on this web site, your IP address will first be truncated by Google within the area of Member States of the European Union or in other contracting states of the 
Agreement on the European Economic Area. Google will use this information on behalf of the operator of this web site to evaluate the usage of the web site by you, to compile reports on web site activities and to provide further services associated with the usage of the web site and of the Internet to the web site operator. The IP address transmitted by your browser as part of the Google Analytics service will not be linked to other data held by Google. You can prevent cookies from being stored by choosing a specific setting on your browser software; please note, however, that in such a case you will possibly not be able to benefit from the full functionality of this web site. In addition, you can prevent the collection of data generated by the cookie and related to the usage of the web site (including your IP address) by Google and the processing of such data by Google by downloading and installing the browser plug-in which is available at:http://tools.google.com/dlpage/gaoptout

Use of social plugins

Social plug-ins of various social Internet networks are integrated on our web pages (e.g. Facebook, Twitter, Google+, YouTube or Pinterest). They allow you to place bookmarks on those pages and to share the bookmarks with other members of the social Internet networks. You can recognise social plug-ins by the logos that can be seen on the web pages of the social Internet networks When you call up a page of our web site that contains these social plug-ins, a direct link to the servers of the social Internet networks will be established. They will transmit the image of the plug-in visible to you and the associated functions directly to your browser, which integrates them into the display of our web page. If you are logged in to the social Internet network with your user name and password at that moment, the information that you are visiting our page will be transmitted to that network where it can be allocated to your user account. 

When you interact with the social plug-ins, i.e. share one of our pages or use the Facebook "Like" or "Share" function, the Pinterest "Pin-it" function or the Twitter “Tweet this” function, for instance, the contents of our pages will be linked to your profile on the social Internet network. If you are not a member of the social Internet networks or have logged out from providers before you visit our shop, it will nevertheless be possible that at least your IP address is transmitted and stored there. The functions of the SoundCloud service are integrated on our pages. As you use SoundCloud functions, e.g. playing music and leaving comments, data including that associated with a SoundCloud account, if any, will be transmitted to SoundCloud. Please note that as the provider of the pages we do not receive knowledge of the content of the transmitted data nor of the usage thereof by SoundCloud.
Please note that other data privacy guidelines and liability regulations apply to such linked third-party web pages. Storage and usage of data by the page operator which arises as such linked pages are used may exceed the scope of the present data privacy statement. Further processing on connected social Internet networks, duration of storage as well as the intended use are exclusively defined by those providers. With regard to any processing of personal data by such providers, these providers will act as the (sole) controller within the meaning of the relevant European legislation, and RHIEM cannot under any circumstances be held liable for any violations of the applicable data protection legislation by these providers. For details of the social plug-ins used and data privacy information of those providers please follow the links below.

Social plug-in Operator
of the social Internet network
Data privacy statement
of the social Internet network
Facebook like / share Button Facebook, Inc.,
1601 South California Avenue,
Palo Alto,
CA 94304, USA
http://de-de.facebook.com/about/privacy/
Twitter / Tweet This Button Twitter, Inc.,
795 Folsom St.,
Suite 600,
San Francisco,
CA 94107, USA
http://twitter.com/privacy
Pin-It Button Pinterest Inc.,
635 High Street,
Palo
Alto,
CA, 94301, USA
http://pinterest.com/about/privacy/
Google+ Button Google Inc.,
Amphitheatre Parkway,
Mountain View,
CA 94043, USA
http://www.google.com/intl/de/policies/privacy/
Youtube Button Google Inc.,
Amphitheatre Parkway,
Mountain View,
CA 94043, USA
http://www.google.com/intl/de/policies/privacy/
SoundCloud SoundCloud Ltd.,
Companies House,
Crown May,
Maindy,
Cardiff CF14 3UZ, United Kingdom
http://soundcloud.com/pages/privacy

11. Applicable law and jurisdiction

All contracts between the customer and RHIEM, including liability and warranty claims, shall be governed by German law to the exclusion of the UN Sales Convention. This does not affect mandatory provisions of the country in which non-professional customers, i.e. consumers as defined in art. 5.3, have their habitual residence, if this country is a member state of the European Union. Local laws of the country, where the consumer resides, may also be applicable if they represent mandatory consumer legislation

If the customer is a consumer without a domicile in an EU member state, the courts of the Federal Republic of Germany will have exclusive jurisdiction to hear any claims raised against RHIEM, including disputes concerning the validity and/or applicability of these General Terms and Conditions. In all other cases, the territorial jurisdiction will be determined by the applicable European and national legislation.

12. Salvatory Clause

If any provisions of these General Terms and Conditions or of the contract between the parties should be void, non-viable or become non-viable, the validity of the contract in whole shall not be affected.

Only the German version of these terms and conditions is binding and crucial for their interpretation because the version in another language is only a translation of the version in German.