Conditions of Sale

1 Definitions

In these Terms and Conditions the following words shall have attributed to them the meanings specified

1.A ‘DNS Consulting’ shall mean Frequenzbereich by DNS Consulting Frank Wilhelm whose place of business and registered office is at Knuellstrasse 34 36280 Oberaula Germany.

1.B ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods.

1.C ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.

1.D ‘Goods’ shall mean all goods and services which the Customer agrees to buy from DNS Consulting including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.

1.E ‘Contract’ shall mean the Contract between DNS Consulting and the Customer for the sale of Goods by DNS Consulting to the Customer.

1.F ‘Catalogue’ shall mean its website www.frequenzbereich.com or any published promotional material produced by DNS Consulting.

• DNS Consulting Registration Number : 0788162512
• DNS Consulting VAT number : DE24594279

2 General

2.A All orders for Goods are accepted by DNS Consulting subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between DNS Consulting and the Customer for the sale of Goods. DNS Consulting accepts responsibility under these terms and conditions for its commitments to the consumer.

2.B Any Catalogue published by DNS Consulting is an invitation to treat and not an offer to supply.

3 Prices

3.A All prices for the Goods are in Euro including Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with DNS Consulting. Prior to the conclusion of the contract DNS Consulting will inform the customer the total amount to be debited.

3.B Whilst every endeavour will be made to maintain the prices in the catalogue DNS Consulting reserves the right to alter prices at any time. Prior to the conclusion of the contract DNS Consulting will inform the customer the total amount to be debited.

3.C Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract DNS Consulting will inform the customer the total amount to be debited.

4 Orders

4.A All orders on offered Goods by DNS Consulting at the online platform Frequenzbereich can be placed by using our basketsystem. Alternatively you can order by email shop@frequenzbereich.com or Fax +49 (0)180 355 184 0063.

4.B Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.

4.C DNS Consulting reserves the right to deliver part orders, or hold orders until all items are available, as required. The exceptions to this being when DNS Consulting has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. Only one mail order handling charge will be levied (if applicable) in respect of the total order.

4.D If the Customer is buying as a Consumer unwanted Goods may be returned within 14 working days of delivery for an alternative product, credit note or full refund. To return an order, the Customer must contact DNS Consulting within 14 days of the date that the order was delivered. This can be done by telephoning on 0049 (0)6628 77 21 55 , or by email to shop@frequenzbereich.com or in writing to DNS Consulting Knuellstrasse 34 36280 Oberaula Germany. In all cases the invoice number relevant to the goods being returned must be quoted. DNS Consulting will refund in full to the Customer the invoice value of the Goods. The Goods must be returned by first class post with proof of posting. The Customer must take reasonable care of the unwanted Goods and return them in the original packaging and suitably protected to ensure safe delivery to DNS Consulting.

4.E When dealing as a Trade Customer authorisation for the return of goods must be obtained from the DNS Consulting by telephoning 0049 (0)6628 77 21 55. In the event of the Trade Customer cancelling part of an order DNS Consulting reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.

4.F DNS Consulting reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, DNS Consulting may decline to accept any order, by giving notice of non-acceptance to the Customer by email, fax or telephone within 24 hours (excluding weekends and public holidays) of receipt by DNS Consulting of an order. In the event that DNS Consulting declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

5 Packing Charge

Please refer to our Page Shipping & Payment

6 Payments

6.A Payment shall be made by the Customer for all monies owed to DNS Consulting in respect of orders placed for Goods.

6.B

Germany

• Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by bank transfer, Paypal or cash on delivery

Other countries

• Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by bank transfer or Paypal.

7 Ownership and Risk

7.A The risk of damage to or loss of Goods ordered from DNS Consulting will pass to the Customer when the goods are delivered.

7.B Conditions 7.C to 7.F shall not apply to any Consumer.

7.C Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for DNS Consulting. The Customer shall store the Goods (at no cost to DNS Consulting) separately from all other Goods in its possession and marked in such a way that they are clearly identified as DNS Consulting property. Notwithstanding that the Goods (or any part of them) remain the property of DNS Consulting the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of DNS Consulting. Any such sale or dealing shall be a sale or use of DNS Consulting property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from DNS Consulting the entire proceeds of sale or otherwise of the Goods shall be held in trust for DNS Consulting and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as DNS Consulting money. DNS Consulting shall be entitled to recover the price of the Goods (including VAT and all other monies due to DNS Consulting from the Customer) notwithstanding that property in any of the Goods has not passed from DNS Consulting.

7.D Until such time as the property in the Goods passes from DNS Consulting, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to DNS Consulting. If the Customer fails to return Goods, DNS Consulting may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease.

7.E The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of DNS Consulting. Without prejudice to the other rights of DNS Consulting, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.

7.F The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of DNS Consulting until the date that property in the Goods passes from DNS Consulting and shall, whenever requested by DNS Consulting, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of DNS Consulting, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to DNS Consulting shall forthwith become due and payable.

8 Export

8.A Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract DNS Consulting will inform the customer the total amount to be debited.

8.B The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

9 Transit Delays and Non­Delivery

9.A The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to DNS Consulting of any apparent physical or delivery damage in the Goods.

9.B Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to DNS Consulting within 14 days of invoice date and the invoice number must be quoted.

9.C DNS Consulting shall not be liable to compensate the Trade Customer by way of damages or otherwise for nondelivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.

9.D Conditions 9.A to 9.C inclusive do not affect the statutory rights of a consumer under the Distance Selling
Regulations..

10 Order Cancellations

In the event of cancellation of part of an order by the Trade Customer DNS Consulting reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.

11 Warranty and Returns in the European Union

11.A For unwanted goods DNS Consulting offers for Customers a 14-day return policy. To return a product under this policy the Customer should:

• Return the product to DNS Consulting within 14 days or
• Follow the returns instructions on the delivery paperwork or
• Email DNS Consulting at shop@frequenzbereich.com or
• Telephone DNS Consulting on 0049 (0)6628 77 21 55 or
• Write to DNS Consulting at the address in Condition 1.A A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software, cut cable, built kits, books, music scores, and consumables. DNS Consulting will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. DNS Consulting will deem such registration by the Customer as acceptance of the Goods.

DNS Consulting must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to DNS Consulting proof of despatch to DNS Consulting. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.

11.B Where unwanted Goods are returned to DNS Consulting after the expiry of the 14-day return period but within a reasonable period of time DNS Consulting reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of € 15.- will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to DNS Consulting and provide proof of delivery.

11.C Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by DNS Consulting either by repair or, at the sole discretion of DNS Consulting, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.

11.D All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of DNS Consulting.

11.E DNS Consulting Reserve the right to inspect any Goods returned prior to issuing credit for those Goods.

11.F Warranty seals applied to any Goods supplied by DNS Consulting must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.

11.G The warranty period as stated in 11.C is from the date of purchase If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by DNS Consulting in writing.

11.H Conditions 11.A to 11.G inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations or any statutory modification thereof.

12 Warranty in other Countries

12.A For unwanted goods DNS Consulting offers for Customers a 14-day return policy. To return a product under this policy the Customer should:

• Return the product to DNS Consulting within 14 days or
• Follow the returns instructions on the delivery paperwork or
• Email DNS Consulting at shop@frequenzbereich.com or
• Telephone DNS Consulting on 0049 (0)6628 77 21 55 or
• Write to DNS Consulting at the address in Condition 1.A A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software, cut cable, built kits, books, music scores, and consumables. DNS Consulting will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. DNS Consulting will deem such registration by the Customer as acceptance of the Goods.

DNS Consulting must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to DNS Consulting proof of despatch to DNS Consulting. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.

12.B Where unwanted Goods are returned to DNS Consulting after the expiry of the 14-day return period but within a reasonable period of time DNS Consulting reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of € 15.- will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to DNS Consulting and provide proof of delivery.

12.C Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by DNS Consulting either by repair or, at the sole discretion of DNS Consulting, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.

12.D All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of DNS Consulting.

12.E DNS Consulting Reserve the right to inspect any Goods returned prior to issuing credit for those Goods.

12.F Warranty seals applied to any Goods supplied by DNS Consulting must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.

12.G The warranty period as stated in 11.C is from the date of purchase If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by DNS Consulting in writing.

13 General Descriptive Matter

13.A All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.

13.B If the description of any Goods which are not directly manufactured by DNS Consulting contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by DNS Consulting. The updated and complete manufacturer’s description is available from DNS Consulting on request before any order is placed.

13.C In the event of any material change to any description of goods since the date of publication of the last catalogue by DNS Consulting, DNS Consulting will advise the Customer of the revised description prior to any order being accepted by DNS Consulting.

13.D DNS Consulting reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

14 Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as DNS Consulting have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.

15 Country of Origin

Goods listed in any DNS Consulting Catalogue may originate from a Non-EU source. Any published information by DNS Consulting as to the country of origin of Goods is an indicator only of the source of supply to DNS Consulting and does not constitute a warranty or representation.

16 Data Protection

By placing an order with DNS Consulting the Customer agrees to data relating to the transaction being retained and processed by DNS Consulting in accordance with German Data Protection Acts. The data so retained will be used by DNS Consulting for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.

17 Limitation of Liability

17.A The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to DNS Consulting.

17.B To the extent permitted by law, DNS Consulting accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to DNS Consulting’s negligence or that of its employees save for any loss or damage arising from death or personal injury.

17.C To the extent permitted by law, DNS Consulting shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of DNS Consulting or its employees ) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.

17.D The entire liability of DNS Consulting under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.

18 Force Majeure

DNS Consulting shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of DNS Consulting in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of DNS Consulting. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of DNS Consulting: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of DNS Consulting or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

19 Law

All contracts between DNS Consulting and the Customer shall be governed by and interpreted in accordance with German Law and both DNS Consulting and the Customer submits to the exclusive jurisdiction of any competent Court in Germany.