Terms and Conditions

(2005 - 2016)

§ 1 Scope
The following General Terms and Conditions in the version valid at the time the order is placed and to the exclusion of all others shall govern all business relations between C. A. Seydel Söhne GmbH, Klingenthal (hereinafter called SEYDEL) and the customer. Unless SEYDEL accepts their validity explicitly and in writing, it shall not recognize those of the customer’s terms and conditions that are at variance with the following.

§2 Conclusion of Contract
An order shall be deemed an offer on the part of the customer to sign a purchase contract with SEYDEL. When the customer places an order with SEYDEL, he/she shall receive an e-mail or telefax confirming the receipt of the said order and the details thereof (order confirmation). This order confirmation does not constitute acceptance of the customer’s order, but confirms only that the order has been received. For a purchase contract to come into effect

a)      the customer or a party commissioned by him/her must have paid the amount due in advance following the order confirmation, or

b)      SEYDEL, having issued an order confirmation, must hand over the ordered goods to the customer, a party commissioned by him/her or a carrier commissioned by SEYDEL and invoice the customer accordingly.

Our prices and delivery periods shall be binding for a period of 14 days only as of the date of order confirmation. Upon expiration of this period, the current prices listed at the SEYDEL Webshop shall apply.

SEYDEL does not offer products for sale to minors.

§ 3 Order Cancellations
The customer, for his/her part, can cancel an order in writing (including by e-mail or fax) or by returning the goods within two weeks of the receipt of the same.

Orders for audio and video recordings (e.g. CDs, video cassettes, DVDs) or software the seal of which is broken or services provided online (e.g. software for downloading) cannot be cancelled.

Orders for goods that have been specially modified for the customer, e.g. mouth organs tuned or embossed to the customer’s specifications, cannot be cancelled.

If an order is cancelled, the goods must be returned unused and sealed inside their original packing and, for goods worth less than EUR 40.00, freight paid.

This amount does not include extraneous costs such as our packing and freight costs.

Customers wishing to return goods must first ask us which carrier to use. Goods returned at our expense without prior consultation will not be accepted with the result that our claims on the customer will not be affected by such returns. If the goods returned are used or damaged, we reserve the right to claim damages.
We shall refund any sums already paid promptly and of our own accord.
Any costs we incur as a result of having the SEYDEL account debited following the freezing of the customer’s account or a cash system recall will be passed on to the customer.

The European Union offers an online-platform for dispute settlement.
You can find the platform here: >http://ec.europa.eu/consumers/odr/.

§ 4 Payment
Customers who are not registered customers of C. A. SEYDEL pay in advance using any of the means of payment listed at the SEYDEL Online Shop.
The advantage of paying in advance is that the purchase contract and delivery obligation come into effect only after payment has been received. If the customer wishes to cancel an order, he/she simply does not pay for it.
SEYDEL shall set aside the goods for customers paying in advance for at least 14 days. If no payment has been received upon expiration of this period, the order shall be deemed to have been cancelled.

If SEYDEL’s own suppliers do not provide it with the goods ordered despite a contractual undertaking to do so, SEYDEL shall be entitled to cancel the contract. In this case, the customer shall be notified immediately that the product ordered is no longer available. If the purchase price has been paid, it will be refunded without delay.

§ 5 Due Date and Payment, Default
The purchase contract shall come into effect upon the payment of the sum specified in the order confirmation either in cash or by bank transfer or through PayPal or one of the other cash systems SEYDEL offers, including some credit cards.

SEYDEL shall charge the customer for any incidental costs incurred as a result of his/her use of a different cash system. These additional costs shall be displayed in the shopping cart before the order is sent.
The buyer shall not under any circumstances have to pay any sums that he/she was not explicitly informed about prior to sending the order.

If a customer cancels his/her payment in advance or if he/she does not have the creditworthiness required to pay by credit card or through a cash system, the goods already delivered shall be deemed to have been delivered against invoice, in which case the terms of § 6 shall apply.
The customer shall be charged for any amounts debited from the SEYDEL account as a result of cancelled payments.

Upon receipt of payment, SEYDEL undertakes to have the goods ordered dispatched no later than the working day following the date upon which payment was credited to the SEYDEL account. As long as the date upon which the goods were handed over to the carrier is properly documented, SEYDEL shall not be liable for delays and losses for which the carrier is responsible.

§ 6 Special Terms for Purchases against Invoice
Deliveries against invoice are handled rather differently. To be able to order goods for delivery against invoice, you must first be a registered customer and have ordered goods successfully on at least one occasion. In the case of orders for delivery against invoice, the purchase contract shall not come into effect until the goods are handed over to the customer or, in the case of mail order, to the carrier tasked with their delivery.

The terms of payment shall be specified on the invoice.

The customer can pay the sum due in compliance with the terms specified on the invoice and minus a cash deduction, if applicable, either in cash or through one of the cash systems offered by SEYDEL. If the customer defaults on payment, SEYDEL shall be entitled to demand interest on the arrears at a rate that is 5% higher than the prevailing annual base rate of the European Central Bank. SEYDEL shall also be entitled to claim damages if it can prove that its losses were even greater.

Payment against invoice is possible only for customers aged 18 and over. The delivery address, street address and billing address must be identical and in the same country. The invoice amount shall be due upon receipt of invoice.

If a customer requests payment against invoice, SEYDEL shall check and evaluate the information the customer has provided and in cases of doubt consult a credit rating agency.

§7 Freight Costs, Delivery
The freight costs shall depend on the size and weight of the goods to be delivered.
The freight costs due for each order shall be displayed in the shopping cart so that the customer knows the additional amount due before the order is placed.
It cannot be ruled out, however, that when shopping on the SEYDEL Online Webshop, you request a different country or a different carrier in which case the information provided may not be correct.
The freight and packing costs due shall therefore be governed by the delivery address to which the goods are actually sent and the carrier actually used.
SEYDEL should be notified immediately of any discrepancies between the freight costs displayed in the order and those in the order confirmation, either at info@seydel1847.com or by calling Tel. +049 (0) 37467 224 53.
A purchase contract with the customer shall not come into effect unless the freight costs due have first been agreed.
The carrier shall be selected at SEYDEL’s discretion. The costs of any special freight requirements the customer may have shall be added to the freight costs due.

Delivery
Goods that have been paid for in cash shall be delivered upon receipt of payment.
Goods paid for in advance shall be handed over to the carrier of our choice as soon as the customer’s payment has been credited to the SEYDEL account, while goods for delivery against invoice shall be delivered as soon as possible, but no later than the third working day following the date upon which the sum due was credited to our account, unless acts of God prevent this. The goods shall be deemed to have been delivered as soon as they are handed over to the carrier of our choice.
All transport risks shall be borne by the recipient. We shall insure shipments only to the extent that this makes good economic sense; whether or not this is the case shall be determined at our discretion. This does not imply that damages can be claimed for a loss of shipment.

Partial deliveries
If certain goods are not on stock, we reserve the right to withhold the delivery of the entire order until the said goods have arrived. The customer shall be entitled to the delivery of the missing goods at a later date only if it is clear upon receipt of order that delivery would otherwise be delayed by more than eight working days.
We shall nevertheless warn the buyer of the risk of a delay in delivery in our order confirmation so that he/she is informed of the availability of the goods he/she has ordered at all times.

The packing and freight costs constitute a direct service and are therefore subject to tax at the rate required by law.
The buyer shall not incur any additional costs going beyond this.


§ 8 Counterclaims, Withholding of Payment

The customer shall be entitled to deduct his/her own claims on SEYDEL from the amount due only if SEYDEL has acknowledged the said claims or their legitimacy has been established with legally binding effect. The customer shall be entitled to withhold payment only if his/her counterclaim is based on the same purchase contract.

§ 9 Retention of Title
The goods delivered shall remain the property of SEYDEL pending the payment in full of the amount due.

§ 10 Liability
If the goods delivered are found to be faulty, the customer can demand that they be repaired or replaced. If the fault is not insignificant and SEYDEL’s efforts to repair it fail, the customer can cancel the contract, demand a reduction in the purchase price or damages. These rights are non-transferable.

Unless specified otherwise in what follows, the customer shall have no claims going beyond those specified above, no matter what their legal basis may be. SEYDEL shall not, therefore, be liable for damages that do not affect the goods delivered. Above all, SEYDEL shall not be liable for loss of earnings or any other financial damages incurred by the customer. Wherever SEYDEL’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

The above limitation of liability shall not apply if the damage in question was caused by gross negligence or intent or in the event of personal injury. It shall not apply if the customer is enforcing claims based on Sections 1 and 4 of the German Product Liability Law.

To the extent that SEYDEL, as a result of negligence, infringes one of its most important contractual obligations, its liability for damages to property shall typically be limited to the value of the damage actually suffered in each case.

If, instead of repairing the faulty goods, SEYDEL agrees to replace them, the customer shall return the faulty goods to SEYDEL within 30 days. If the goods are not returned within this period, SEYDEL shall be entitled to invoice the customer for the purchase price of the replacement goods and to deduct the amount due from whichever of the aforementioned means of payment the customer is using.

The statute of limitations shall apply.

Reeds and valves of harmonicas are wearing parts and are not covered by the guarantee (apart from manufacturing faults or material defects). Exchange of already played instruments is not possible due to hygienic reasons. We regard items as unused if they are packed into the intact original package and are not played at all.

§ 11 The Collection, Processing and Use of Personal Information Obtained from Customers, Data Protection
The information that customers provide helps SEYDEL to improve its services and tailor its offering to their individual needs. SEYDEL uses this information to process orders, deliver goods, provide services and handle payments (and to run the necessary checks before delivering against invoice). SEYDEL also uses the information provided to communicate with customers on the subject of their orders, its products and services and special offers.

In its dealings with third parties, SEYDEL shall use the information provided solely for order handling. SEYDEL stores and processes customer data in compliance with the relevant terms of the German Data Protection Act (BDSG) and the German Teleservice Data Protection Act (TDDSG).

In the case of Newsletter subscriptions, only the e-mail address and first and last names of the subscriber shall be retained and used for advertising and market research purposes and even then, only until the subscription is cancelled.

Personal data, including the customer’s street address and e-mail address shall not be passed on to third parties without the explicit consent of the person concerned, who can revoke this consent at any time. The only exception to this are those service partners who require the said data for order handling (e.g. the carrier that delivers the goods and the bank that handles the customer’s payment). In these cases, however, the data provided shall be kept to the minimum necessary.

Entries in the forum are entered on the user’s own responsibility. These articles published by persons who are not employed by SEYDEL are private opinions only and shall not be deemed to reflect SEYDEL’s own views. SEYDEL reserves the right to remove without further comment any such articles as might be damaging to the company’s reputation or the content of which is in any way offensive.

The SEYDEL Online Shop contains so-called session cookies containing session ID numbers, the purpose of which is to identify the user during his/her visit to the site. These cookies are deleted again as soon as the user leaves the shop or quits his/her browser program.

The customer is entitled to have his/her data disclosed, corrected, blocked or deleted at any time. Any requests in this connection must be sent to info@seydel1847.com or sent to SEYDEL by post or telefax.

 

§ 12 Applicable Law
German Law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall apply.

Any disputes shall be settled in Auerbach, Saxony/Germany. 

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