Terms and Conditions
(2005 - 2011)
§2 Conclusion of Contract
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
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.
§ 4 Payment
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
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.
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.
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
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 packing and freight costs constitute a direct service and are
therefore subject to tax at the rate required by law.
§ 9 Retention of Title
§ 10 Liability
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
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 firstname.lastname@example.org or sent to SEYDEL by post or telefax.
§ 12 Applicable Law
Any disputes shall be settled in Auerbach, Saxony/Germany.