Conditions of Use
§1 - General Information
1. In respect to business relations of all types between the firm Tonehenge Amplification KG and its customers, the following General Terms and Conditions of Business 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. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Confirm Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. Alternatively, we may also confirm the order by sending a separate email or by initiating the product delivery.
We then store the text of the contract und email the order data and a link to the General Terms and Conditions to the customer. The customer is able to view all prior orders after logging in to our webshop.
3. The firm Tonehenge Amplification KG reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against the firm Tonehenge Amplification KG.
4. The contractual language is German, and payment is in Euros unless otherwise agreed upon in written form.
§2 - Delivery
1. Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Tonehenge Amplification KG, 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.
2. All prices are in cash, including value-added tax/sales tax.
3. Domestic shipments within Germany are listed in „Shipping and Returns“. We post the shipping charges for international deliveries at Shipping and Returns. In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees.
4. Minimum purchase is 25 EUR.
5. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
6. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
7. Claims for damages against the firm Tonehenge Amplification KG arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross neglig
§3 - Rights of Refund
1. The customer has the possibility to return all articles from our current assortment without reason and within 14 days (unless otherwise stated), and thus, to make use of our „tonal satisfaction garantee“, 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 Tonehenge Amplification KG in orderly condition, without signs of wear, in original packaging and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
Order cancelations shall be submitted to:
Tonehenge Amplification KG
Director: Irving Blacker
Breitholzer-Hof-Weg 4
76437 Rastatt
Germany
2. The Consequences of Cancelation. In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a store building may evaluate merchandise. The customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. To the extent possible, the customer shall return objects by parcel post. The customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned; for the vendor, Tonehenge Amplification KG the grace period begins with the receipt of the cancelation or the returned goods.
3. Financed Business Transactions In case the vendor finances the transaction through a loan and the customer cancels the transaction, the customer is no longer legally bound by the terms of the loan agreement, provided the two agreements constitute an economic unit. This is the assumption when we act toward the customer as the vendor and the lender or in case we assist the customer in securing the loan. If at the time of the cancelation or the return of the goods we have already become the beneficiary of a granted loan, then the lender shall step into our rights and obligations toward the customer as far as they are the result of the financed agreement.
Discontinued, obsolete or closeout sale items will not be accepted for return unless they qualify under our warranty.
Items to be returned must be insured for the invoice amount and contain an original or copy of the invoive.
§4 - The 30-Day Tonal Satisfaction Guarantee for Mercury Magnetics Transformers
1. In addition to the customer’s mandatory right of withdrawal within fourteen (14) days pursuant to § 13 BGB (German Civil Code), Tonehenge Amplification KG extends its money back guarantee to customers purchasing Mercury Magnetics transformers for another 16 days beyond the mandated withdrawal period. The customer is entitled to return our delivered Mercury merchandise within thirty (30) days no questions asked. This period begins at the time the customer receives these special instructions in writing (e.g. by letter, fax or email), the merchandise and after receiving all mandatory information prescribed for distance selling and ecommerce (see §3, item 1). The timely shipment of the merchandise or the timely request of return shall be sufficient for meeting the cancelation time limit. The right of cancelation can only be exercised by shipping back (returning) the merchandise, provided it can be shipped by parcel post. The product to be returned must be in a re-saleable condition. Do not cut the lead wires until you have tested and listened to the installation. Before cutting the leads, solder and bolt the transformers in, and try them out. When you are satisfied, cut the leads and complete the installation. Cut leads to the transformer will nulify any rights for a refund. For a refund the product must be returned in salable condition without damage or cut lead wires.
We recommend contacting us prior to returning merchandise (contact information, see §3, item 1).
2. The 30-day tonal satisfaction garantee applies both to distance sales agreements pursuant to § 312b BGB (German Civil Code) and to the purchase of goods on site at our Tonehenge Amplification store.
3. Tonehenge Amplification KG does not carry the shipping costs for return shipments as part of the 30-day tonal satisfaction guarantee or otherwise when the delivered products are correct.This holds true for orders in and outside of the Federal Republic of Germany.
4. Rights of refund exist when ordering media packaged in transparent film or sealed media such as CDs, DVDs, as well as newspapers and software, only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.
5. Rights of return are to be considered forfeited if the goods have been manufactured or altered according to the order of the customer specification i.e. Custom built transformers. This also applies to goods we consider under the heading of "consumables" such as strings, tubes (valves), cables, bulbs and plectrums, or "Hygeinic" such as a Talk Box.
6. Should the customer make use of refund rights, the firm Tonehenge Amplification KG has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.
7. Furthermore, customers exercising their rights of refund must compensate the firm Tonehenge Amplification KG 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 activity which would reduce the value of the article.
8. In case the customer returns individual items from bundled merchandise or sets within the 14-day cancelation period or within the 30-day tonal satisfaction guarantee period, we will charge the customer the regular sales price for the retained items.
9. These provisions do not affect the mandatory 14-day right of withdrawal for the purchase of goods from a distance seller.
§5 - Warranties and Claims for Damages
1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm Tonehenge Amplification KG, are not protected by warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection.
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.
4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 3 have been fulfilled. This in turn does not hold true if the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB].
5. The warranty period extends to 24 months (excluding electron tubes) for new articles. The period begins subsequent to the passage of risk in accordance with German Law.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.
6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
7. The firm Tonehenge Amplification KG is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Tonehenge Amplification KG or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. 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 Tonehenge Amplification KG is limited to foreseeable damages alone.
§6 - Limited Ten-Year Workmanship Warranty for Mercury Magnetics transformers
In addition to warranty services prescribed by law, the firm Tonehenge Amplification KG also provides a limited ten-year workmanship warranty for all Mercury Magnetics transformers defined by the following regulations:
1. The firm Mercury Magnetics provides a warranty for all damages arising during the warranty period, provided that such damages were caused by a material deficiency or manufacturing error.
2. Excluded from the warranty are:
products sold as “used”.
products with defects arising from normal usage or from other effects of wear caused by the latter, as well as
product defects caused by insufficient attention to the technical instructions for use, by the inappropriate use of the article, or due to atypical environmental conditions, operating conditions foreign and inappropriate to the article, excessive implementation of the article, inadequate maintenace or insufficient care;
product defects caused by the utilisation of accessories, supplementary or replacement parts which are not original components of the article;
products which have themselves been altered or supplemented as a whole;
minor deviations from the normal state of the purchased article which are not significant in respect to the value or utility of the article;
The use of any type of attenuation device on any Mercury Magnetics transformer will void the 10-Year Warranty. Using a "dummy load" or "power attenuators" damages transformers. These types of products wear out power tubes at an accelerated rate, and in some cases may cause RF to be generated in the output, which may destroy the output transformer.
Transformers that have been tampered with, or with unauthorized attempted repairs will be rejected.
Transformers without their identity stickers intact.
3. Product defects which should receive warranty protection – as determined by the firm Mercury Magnetics – are to be corrected in the following way: The defective article will be sent to the firm Tonehenge Amplification KG and will either be repaired free of charge as decided by the firm Mercury Magnetics, or the defective article will be replaced by a fully functional equivalent (in some cases a later version). Products and product parts which have been replaced become the property of the firm Mercury Magnetics.
4. Warranty claims must be raised within the official warranty period. For this purpose, the product in question should be returned to the firm Tonehenge Amplification KG with the original invoice.
5. Claims other than those named in these warranty conditions – concerning the correction or compensation of product defects - are not covered by this warranty.
6. The provision of warranty services neither prolongs nor renews the
warranty period for the article in question.
Mercury Magnetics transformers are only warranted if properly installed.
In no event shall Tonehenge Amplification KG or Mercury Magnetics be
liable for special or consequential damages.
The limited ten-year workmanship warranty extends only to the original
owner.
The Tonal Satisfaction Guarantee and 10-Year Warranty is only extended to transformers and chokes of the upgrade kits.
Custom Shop orders or Mercury Vintage (restorations and/or rewinds) are covered by the Workmanship Warranty but not our Tonal Guarantee. (The reason being is they are not our designs.)
§7 - Due Dates and Payment Conditions
1. Invoices sent by the firm Tonehenge Amplification KG – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
2. Tonehenge Amplification KG reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
3. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event the firm Tonehenge Amplification KG is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§8 - Reservation of Ownership
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 Tonehenge Amplification KG. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the firm Tonehenge Amplification KG reserves its right of property until the full remittance of the purchase price.
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 Tonehenge Amplification KG. 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 Tonehenge Amplification KG and the customer, including interest and any subsidiary demands to be brought against the firm Tonehenge Amplification KG. The firm Tonehenge Amplification KG accepts this relinquishment of rights.
§9 - Sales and Transportation Packaging
Tonehenge Amplification KG is in accordance with the German Packaging Regulation ("Verpackungsverordnung") committed to accept and dispose sales and transportation packaging, that isn't marked with the sign of a common disposal system.
§10 - Place of Execution and Place of Jurisdiction
1. Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.
2. The place of execution for all services and products negotiated in business transactions with the firm Tonehenge Amplification KG is Rastatt, 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.
3. The exclusive place of jusrisdiction for any legal proceeedings against the firm Tonehenge Amplification KG is Mannheim, Federal Republic of Germany. The same holds true for legal action taken by the firm Tonehenge Amplification KG 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.
§11 - Final Clause
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.
