LivePlugs Ear Protection Ear Plugs Gehörschutz

General Terms and Conditions

§ 1 Offer, Conclusion of Contract and Subject Matter of the Contract

1. Any conclusion of contract entered into with our company shall be based exclusively on the following General Terms and Conditions, even though such contractual relationships may have been entered into without any use or explicit reference to these General Terms and Conditions.
We do not agree to any provisions stipulated by the purchaser which may deviate from the General Terms and Conditions, unless such provisions have been approved of by us in writing explicitly with a view to their validity.
Upon placing  the order (but at the latest upon delivery) of the items and/or the services, the General Terms and Conditions shall be deemed to have been approved of by the customer.

2. These concrete terms of sale shall apply to any future business transactions entered into with the purchaser as far as legal transactions of any related manner are concerned.

3. Our offers are subject to confirmation and shall be deemed to be non-binding. All prices indicated on our websites are directed at final consumers as a general rule and are inclusive of valid statutory VAT that may apply at the respective time of the order. Any cost for packaging and shipping charges are not contained in such price indications.

For commercial consumers, our prices and offers shall be deemed to be exclusive of VAT only in those cases where this has been stated separately.

4. Upon submission of a signed order,  a binding quotation shall be deemed to have been made by the purchaser.  The aforesaid quotation may be accepted by us at our discretion within a reasonable period of time of two weeks which will allow us to send an order confirmation as well as take care of the dispatch of the ordered items. If an email id has been indicated, the purchase contract will be concluded upon submission of an email confirmation sent from our end shortly before the dispatch of the items takes place.  Otherwise, the purchase contract shall only enter into force upon dispatch of the goods.

5. The order as well as our order confirmation will be processed electronically and will be saved by us. The purchaser may refer to our data protection information with a view to any information on the scope and type of the stored data as well as access options on our website at www.liveplugs.com.
Should the purchaser indicate an email id upon placing of the order, an immediate confirmation will be sent by us with respect to the receipt of the customer’s purchase quotation. The purchase contract shall only be concluded upon submission of a separate order confirmation.

6. Any side-agreements, undertakings, covenants or quantity-related modifications which have not been mentioned explicitly in our order confirmation shall require written form in order to become effective; the same shall apply to any amendments to or supplements of the contract which must be made in writing.
Our members of staff are not authorised to make any oral covenants or oral side-agreements going beyond the contents of the written agreement.

§ 2 Delivery

1. For further information on the countries to which we ship and the shipping partners handling the respective delivery of the goods, the purchaser may refer to our website at www.liveplugs.com or may contact us in the course of the purchase process.

2. The shipping charges and packing cost applicable currently in their respective valid version have been indicated as well on our website www.liveplugs.com or shall be calculated and stated within the framework of the purchase process depending on the desired final destination.

3. Package deliveries shall be made through parcel courier service directly at the customer’s doorstep or shall be handed over to a direct neighbour; the purchaser will be notified of such procedure.

Where possible, the entire order will be delivered in one package. We shall, however, reserve the right to perform partial deliveries.  If partial deliveries have been arranged from our end, the purchaser will subsequently receive the deliveries of the remaining ordered items free of shipping charges. If partial deliveries have been ordered by the customer, the additional cost arising out of such procedure must be borne by the afore mentioned party. We shall at no point of time be obligated to perform partial deliveries.

4. As a general rule, we only deliver against invoice, payment made through credit card or Paypal or through advance payments. Outside Germany, Austria and Switzerland deliveries will be performed only against payment made through credit card, Paypal or advance payment.   We reserve the right to refuse delivery against invoice and shall be entitled to insist on advance payment. Payment made through cheque submission shall be excluded explicitly.

§ 3 Delivery Period

The purchaser may refer to our website at www.liveplugs.com for  any information on the delivery periods required approximately for the order or shall be notified in the course of the order process thereof. In the event of delays in delivery comprising a period of two weeks or longer, the purchaser shall be notified via email thereof.

§ 4 Cancellation or Right to Cancel in Distance Selling Transactions, extended Right of Return

1. For contracts subject to the Distance Selling Act (Sections 5a ff Consumer Protection Act), the consumer can withdraw from the contract within a period of 14 days commencing on the receipt date of the goods.

2. An entrepreneur is not entitled to withdraw from the contract. A replacement of the goods is only possible in case of a proven wrong delivery.

3. The period commences on the date of receipt of the delivered goods with the consumer or, where services are concerned, on the date of contract conclusion. It is sufficient if the notice of cancellation is submitted within the period stated above.
The cancellation must be addressed to:
WeRockMusic GmbH, Dietrichsteinplatz 2, A-8010 Graz
Email: service@liveplugs.com

4. Should the consumer withdraw from the contract in accordance with the
aforementioned provision, he or she must bear the cost for a return shipment of the goods. The goods must be returned to us in a proper form, safely packed and insured.

The goods must be returned to us in their original package along with the entire accessories delivered to the customer.  The consumer shall be entitled to inspect the goods in such a manner as would have been feasible for him or her in a retail store.
If the goods are returned from countries subject to special customs regulations (e.g. Switzerland), the purchaser shall be obligated to ensure that a correct and proper declaration of the returned items is sent along with the goods. Any processing fees arising from customs clearance due to an incorrectly declared return shipment shall be invoiced to the purchaser. 

§ 5 Warranty for Defects

1. The purchaser may choose in any case whether the supplementary performance shall take place by means of rectification or replacement delivery. We shall, however, be entitled to refuse a mode of supplementary performance in cases where its implementation would be only possible with unreasonable cost and another type of supplementary performance would have no significant disadvantages for the purchaser.

During the supplementary performance,  both the reduction of the purchase price and withdrawal from the contract on the part of the purchaser shall be excluded. A rectification or rework shall be deemed to have failed if the second attempt to remedy the defect also remains unsuccessful.
If the supplementary performance has failed to be successful or if such supplementary performance has been refused from our end, the purchaser may at his or her discretion either withdraw from the contract by giving us a notice of cancellation or may claim a reduction of the purchase price (diminution).

2. Any claims for damages due to a defect with a view to the following provisions may only be raised by the purchaser if the supplementary performance has failed or if it has been refused from our end. The right of the purchaser to assert any other far-reaching claims for damages with regard to the following provisions shall remain unaffected.

3. Notwithstanding the aforementioned provisions and the following restrictions on liability, we shall assume liability for any damages to life, body and health caused by negligence of or caused intentionally by our legal representatives, vicarious agents or assistants, as well as for damages covered by the liability under the Product Liability Act, as well as for any damages resulting from a breach of contract caused wilfully or by gross negligence or fraudulent intent by our legal representatives, vicarious agents or assistants.

If any guarantee of characteristics has been given by us with a view to the goods or any parts of them, we shall assume liability as well for such guarantee. For damages resulting from a lack or absence of the guaranteed characteristics but which do not directly affect the goods, we shall only assume liability if the risk of such damage is apparently covered by such guarantee of quality and durability.

4. We shall assume liability as well for damages caused by slight or ordinary negligence insofar as such negligence affects the violation of contractual obligations whose compliance are of significant importance for the fulfilment of the contractual purpose. We shall, however, only be held liable if the damages are predictable in a typical manner and arise in connection with the contract. In the event of violations caused by slight negligence related to contractual ancillary obligations of minor importance we shall not be held liable. The limitations of liability contained in the provisions 1-3 shall also apply insofar as the liability to be assumed by legal representatives, executives and any other vicarious agents is concerned.

5. The warranty obligation shall last two years with a view to consumers’ right, starting from the passing of risk. Such period shall also apply  to claims for compensation in respect of damage consequential to a defect unless tort claims are asserted.
For entrepreneurs and merchants such warranty period shall be 3 months in all circumstances.

6. Warranty claims shall not apply to wear and tear parts or wear and tear materials if the defect is caused by normal wear and tear of the product.

§ 6 Joint and Several Liability

1. We shall assume liability in accordance with the statutory regulations insofar as the purchaser asserts claims for damages based on wilful intent or gross negligence including wilful intent or gross negligence caused by our legal representatives or vicarious agents. Insofar as our company cannot be blamed for any wilful contractual violation, the liability for damages shall be limited to the predictable, typically occurring damage.

2. We shall be liable in accordance with the statutory provisions insofar as we culpably infringe an essential contractual obligation; however, in such a case, compensation for damages shall also be limited to foreseeable damages which typically occur.

3. The liability for damages shall be excluded in other respects; we shall in particular not be held liable for damages which have not occurred directly on the delivered item. The mandatory regulations and provisions of the Product Liability Act shall remain unaffected. Any claims for damages based on impossibility or incapacity shall remain unaffected.

Any other far-reaching liability for damages going beyond Sections 5 and 6 shall be excluded without prejudice to the legal nature of the asserted claim.

4. Insofar as the liability for damages is excluded or limited with a view to our company, the same shall also apply to the personal liability for damages of our staff, employees, legal representatives and vicarious agents.

§ 7 Important Warnings

1. The hearing protector products distributed by our company can efficiently and significantly quieten and repress potential noise and sounds having a harmful effect for the ears which occur normally in concerts and clubs or other related environments. In the event of proper use of LivePlugs, the sound heard in such environments shall become less harmful corresponding to the degree of sound absorption caused by the hearing protectors.

2. Before using LivePlugs, the purchaser must gather information on the noise absorbing effect of the hearing protectors as well as on the intensity of the sound to be repressed. Should the product package not contain any sound insulation values, then the purchaser needs to consult us prior to usage of the hearing protectors. In cases where no sound insulation values are available or where the purchaser feels uncertain whether the sound insulation values of the hearing protectors may be sufficiently suitable as a protection measure against the sound to be absorbed, the hearing protectors must not be used as a protection against the noise.

3. The hearing protection products distributed by our company may only be used in environments with loud music (e.g. concerts, clubs, festivals, parties etc.).
They are neither designed nor suitable for any other usage in other sound scenarios (e.g. construction area).

The hearing protector products distributed by us, shall, as a general rule, only be used if the user achieves an improvement of his or her well-being by wearing them. If the user feels that the environment is too loud despite the usage of the hearing protectors or if the effect caused by our hearing protector products is found to be insufficient, we recommend the usage of hearing protectors made available by the event organiser or operator of the sound source.

If no other hearing protectors are available or in cases where no remedy can be provided for other reasons, we recommend to leave the respective environment and its loud noise and sound.

4. Additionally, the purchaser must observe the following:
I) Any protective effect of the hearing protectors depends on individual aspects at the point of time of usage and shall neither be granted nor warranted explicitly. Anatomic conditions may lead to deviations.
II) In rare cases there may exist ear shapes causing problems when hearing protectors are worn due to anatomic reasons (e.g. pressure marks on the skins, bruises or pressure feeling due to extremely small auditory canal or pressure sensitivity). In such cases we shall not assume any warranty or liability.
III) In cases where hearing protectors are used in road traffic, the fitness to drive and ability to interact in traffic must be ensured at any time.
IV) Improper or extremely frequent use of hearing protection products may cause allergies and hypersensitivity reactions.

§ 8 Advice on Proper Technical Use

The purchaser must observe and adhere to our written and oral advice on proper intended and safe use of our products. The user of hearing protectors shall be obligated to assess his or her individual acoustic situation carefully and must not expose the ears excessively to acoustic sound or noise even when wearing hearing protectors; in cases of doubt an independent expert (e.g. a doctor) should be consulted.

§ 9 Retention of Title

1. The goods delivered shall remain our property until full payment of our invoices has been made. Any merchandise or items in which we still hold a retention of title shall be hereinafter referred to as conditional commodity or goods subject to retention of title. Should the purchaser violate his or her contractual obligations, especially in cases of delayed payment, we shall be entitled to claim that the conditional commodity be returned to us or may claim that the cession of the purchaser’s right of restitution towards third parties be transferred to our company. Should we make arrangements for a return consignment of the conditional commodity, this shall constitute a withdrawal from the contract. If the conditional commodity has been received back by our company, we shall be entitled to sell the items at our sole discretion; the proceeds of such sale shall be deducted from the purchaser’s liabilities minus appropriate costs for recovery.

2. The purchaser shall be obligated to treat the conditional commodity with reasonable care.

3. Should any third party take possession of the conditional commodity, the purchaser shall be obligated to inform the aforementioned third party immediately of our retention of title in our property and shall further notify us in writing and via telephone immediately of any activities related to any third party’s taking  possession of our merchandise.

§ 10 Terms of Payment and Delay in Payment

1. Our terms of payments are 14 days from date of invoice without any discounts.

2. The purchaser shall be automatically in arrears with payment, if our company cannot avail of the invoice amount within thirty days from receipt date of the goods.

3. In the event of delayed payment or respite, we shall be entitled to claim interest in arrears of five per cent over the Base Rate without prejudice to the assertion of any major virtual damage caused by the delayed payment.

4. Should the purchaser default in payment, we shall be entitled to cease the processing of any current orders and shall further be entitled to claim immediate advance payment for any amounts not yet due including extended amounts or financial guarantees or securities.

5. Should the purchaser fail to comply with our claims for advance payments or provision of securities within a reasonable period of time, we shall be entitled to claims for damages due to non-performance or may at our sole discretion withdraw from the contract.
Without prejudice to any further damage caused by delayed payment we shall be entitled to claim for every reminder a lump sum amounting to € 5,00. Without prejudice to any further obligations to compensate a damage, the purchaser shall be obligated to pay the aforementioned cost unless he or she may prove that our company has not incurred a damage or that it has arisen to a significant lesser extent.

§ 11 Place of Performance and Legal Venue

1. If the purchaser is an entrepreneur, i.e.  a natural or legal person or a partnership with legal capacity who is exercising his/her/its independent self-employed occupational or commercial activity when concluding a legal transaction, the place of performance for any deliveries of goods carried out shall be our company’s registered office.

If the purchaser is a consumer, i.e. a natural person concluding a legal transaction for a purpose that may neither be attributed to his/her commercial nor self-employed occupational activity, the statutory provisions governing the place of performance shall apply.

2. The parties to the contract hereby agree upon Austrian jurisdiction. If the matter is not a consumer transaction, the competent court at the registered office of LivePlugs.com shall have exclusive local jurisdiction for deciding any disputes arising out of the contractual relationship; we shall reserve the right to bring forward an action against the entrepreneur at the local competent court of his domicile.

If the consumer has his or her place of residence or habitual abode within Austria or if he or she is employed within the country,  the jurisdiction of the competent court for any action brought against him or her in accordance with Sections 88, 89, 93 paragraph 2 and 104 paragraph 1 (Law on Court Jurisdiction) is based only on the judicial district of the defendant’s place of residence, the habitual abode or the place of employment; such provisions shall, however, not apply to existing disputes. For any legal disputes arising out of the contract, the mandatory provisions governing the Consumers Act with a view to the consumer’s place of residence shall also apply to the contractual relationship.

§ 12.  Salvatorian Clause

Should any provision of these General Terms and Conditions be or become entirely or partially ineffective or should they become void, this shall not affect the effectiveness or enforceability of the remaining provisions as well as those of the General Terms and Conditions in their entirety.

§ 13 Applicable Law

These General Terms and Conditions shall be governed by Austrian law. The applicability of the provisions governing the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded explicitly. The contract language shall be either German or English.

§ 14 Data Protection/Safety

1. The purchaser entitles us and gives his/her or its consent that we may process, store and analyse the data gathered on the purchaser in connection with the business transaction in accordance with the provisions governing the Data Protection Act.  The data submitted to us shall not be disclosed to third parties unless such party involves our service partners and the data transmission is required for the order processing.

In addition to the aforementioned purposes,  we reserve the right to use a specific cookie on our website www.liveplugs.com, the main task of which is to maintain the functioning of both the shopping cart and the user account. After online browsing on our website has been finished or your order has been placed with us, the cookie will be automatically deleted.

2. Our internet websites make use of the Google website statistics.  For further information on data protection, the purchaser may refer to our website at www.liveplugs.com and the notice contained in the section “Privacy and Data Protection.

3. The purchaser of customised goods (e.g. individually manufactured packaging according to customer’s instructions) entitles us to use photos and samples of his /her or its items for the purpose of sampling and advertising. The aforementioned usage may be revoked at any time in writing.

§ 15 Dispute Settlement

1. We hereby submit to the decisions taken by the internet ombudsman as an extra-judicial dispute settlement authority for consumers pursuant to the Consumer Protection Act (KschG).

Internet Ombudsman
Margaretenstr. 70/2/10
1050 Vienna

www.ombudsmann.at

§ 16 Contact Information

WeRockMusic GmbH
Legal venue: Graz
Business address: Dietrichsteinplatz 2, A-8010 Graz.
Phone: +43 (699) 17 90 6000
International VAT ID: ATU65194158
General Terms and Conditions:  as of 9th February 2010