§1: General: The following terms conditions are valid and apply for all business transactions between „Thüringer Bassoon Reeds“ and the customer. Terms and Conditions differing from those listed here are not valid, unless agreed to in writing. 2 „Thüringer Bassoon Reeds“ reserves the right not to provide the desired services if said goods are not available, even when a deposit is made in connection with the desired service. In this case the customer will be immediately informed, and any funds held will be promptly refunded. Any further claims against „Thüringer Bassoon Reeds“ are strictly prohibited.
§ 2: Delivery 1 The customer assumes all risks associated with delivery. Once the product has left the possession of „Thüringer Bassoon Reeds“ and are in possession of the transport company, all risk of loss is carried by the customer. This applies to partial deliveries as well. Deliveries are made to the customer’s delivery address. Section 13 BGB applies to all transactions with regard to accidental loss, or deterioration of the product only when the product is physically handed over to the customer. The product is considered transferred even if the customer refuses physical transfer of the product. 2 All prices reflect the cash price plus any applicable transportation costs. 3. The customer must report any shipping-related damage to the product upon receipt. All claims of shipping related damage must be made in writing.
§ 3: Returning product for Refund 1 The customer has the option of returning the product to „Thüringer Bassoon Reeds“ within 7 (seven) days of receipt without explanation, provided the customer adheres to the provisions stated in Section 13 of the BGB. Section 312b of the BGB applies exclusively to long-distance sales contracts. The returned product must be in good condition, without any traces of use, and in its original packaging, without the involvement of any third party. Returned articles are to be sent to „Thüringer Bassoon Reeds“. The purchase price will be refunded to the customer’s account. 2 The right of return can only be exercised when the product can be shipped as a package. 3 The right of return period begins upon the date the product was delivered to the customer. 4 Goods that have been customized cannot be submitted for refund. 5 In addition, the customer assumes liability for goods returned in poor condition due to inadequate shipping procedures. The customer will be charged the difference in value for product returned in a deteriorated condition, or full purchase price for product that is returned as a total loss. 6 The customer is responsible for all shipping costs in connection with the return.
§ 4: Damage Claims 1 Defects or damage resulting from the improper storage or handling of the product by the customer or a party not authorized by „Thüringer Bassoon Reedsr“ are excluded from the warranty. 2 All wear and tear brought about by natural causes, are excluded from the warranty. 3 If the customer, or a contractual party knowingly takes delivery of the product despite knowledge of a product defect, any warranty claims are valid only if they are presented in writing after the receipt of the product. 4 The customer may make a warranty claim due to existing shipping damage only if he or she adheres to the provisions laid out in in paragraph 2 section 3 stated above. This does not apply however for those customers covered by section 13 of the BGB. 5 In the event a claim is made by a representative of the buyer, outside of the provisions laid out in section 13 of the BGB, „Thüringer Bassoon Reeds“ will decide for itself if the defect will be corrected or if the product shall be replaced. All customers covered by the provisions of section 13 of the BGB may choose between a correction or replacement of the product. However, if substantial costs are incurred by „Thüringer Bassoon Reeds“, then it reserves the right to satisfy the warranty in the most cost-effective way, that poses no disadvantage to the customer. 6 Barring any claims made under line, 7 any further claims are prohibited. Examples of claims prohibited include damages caused by a breach of contractual obligations, perceived consulting errors made by „Thuringer Bassoon Reeds Weimar“, and any non-permitted legal action against „Thüringer Bassoon Reeds“. This especially applies to any loss of revenue,or other monetary losses suffered by the customer perceived to be associated with the product. 7 The above disclaimer does not apply if the customer can associate any damages with the intent to commit gross negligence, or the customer can maintain a claim under the product liability act. 8 Damage claims are limited directly to the value of the goods delivered.
§ 5: Terms of payment 1 All „Thüringer Bassoon Reeds“ balances must be paid in full unless otherwise agreed to in writing. 2 Shipping costs will be handled separately. All delivered products remain the property of „Thüringer Bassoon Reeds“ while any claims are made. This includes any ancillary claim.
§ 6: Retention of Title 1 Until full payment of all the customer’s liabilities.
§ 7: Governing Jurisdiction 1 All sales are governed by German law. Other laws governing sales, including the uniform international purchasing law (EKA, EKAG) are prohibited. 2 The location providing services under these terms and conditions is Weimar, Germany. 3 The sole locational for any legal action taken against „Thüringer Bassoon Reeds“ is Weimar, Germany. This also applies to any action taken by „Thüringer Bassoon Reeds“ against the customer or buyer, as long as the customer-buyer is a legal entity under German law.
§ 8: Final Provisions If for whatever reason some of the above provisions do not apply, the other remaining provisions will not be affected. If you should have any questions regarding these terms and conditions, please feel free to e-mail me at firstname.lastname@example.org .
15. Dezember 2007