Terms & Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
Please read these terms & conditions carefully. Please contact us if anything is not clear to you.
§1 General Information
1. In respect to business relations of all types between the firm India Instruments Yogendra Jens Eckert & Norbert Klippstein GbR (henceforth called India Instruments) and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
2. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. The actual goods may differ in terms of colour, decoration, measure or technical details. By clicking the ‘Send Order’ button, customers agree to buy the goods in the notelist, and this order is legally binding. Customers do also agree to buy certain goods when they send the required personal data and the required goods specifications in writing (e.g. by email). After the order is transmitted the customer shall get an order confirmation and invoice by email. This order confirmation constitutes a legally binding offer. A legally binding contract is settled when the customer sends the required payment to India Instruments.
3. India Instruments reserves the right to deny the promised service subsequent to determining that the goods are not available, even after contractual settlement. In such a case, the customer will be notified immediately and all reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against India Instruments.
4. The contractual language is German. Contract partner is India Instruments Yogendra Jens Eckert & Norbert Klippstein GbR, Fischerhüttenstr. 54c, 14163 Berlin, Germany, international VAT identification number: DE235924540.
5. All payments are due in Euros.
§2 Delivery
1. If the customer is an entrepreneur (§ 14 German Civil Code), delivery shall generally be at the customer´s risk. This shall also apply for partial deliveries. If the customer is a consumer in the sense of § 13 German Civil Code, the risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the object even if the object is shipped. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.
2. All prices are in cash. Customers with a permanent residence within the European Union have to pay the EU prices including value-added tax / sales tax (VAT). Customers with a permanent residence outside the European Union have to pay the non-EU prices without value-added tax / sales tax (VAT).
3. Shipping costs are charged extra and depend on weight and size of ordered goods and on the destination country. A shipping cost overview is available at https://www.india-instruments.com/shipping-cost.html. In case the goods are shipped to a country outside the European Union, the customer also bears the tariffs, taxes and clearance fees.
4. The goods must be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
5. Information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
6. Claims for damages against India Instruments arising from non-fulfillment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
7. Claims for damages against the firm India Instruments Eckert & Klippstein GbR arising from non-fulfillment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
§3 Rights of Refund
1. Statutory Right of Cancellation
Consumer customers in the sense of § 13 German Civil Code (see above § 2, section 1) may withdraw from the contract in writing (e.g. letter, email) within 14 days without giving any reason or - if the goods have been delivered before expiry of said term - by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the customer and not before the information duties according to § 246 Introductory Act to the German Civil Code have been fulfilled.
The cancellation deadline is deemed to be met if the notice of cancellation of the goods was sent in a timely fashion. The notice of cancellation has to be addressed to:
India Instruments Eckert & Klippstein GbR
Fischerhüttenstr. 54 c
14163 Berlin
GERMANY
Email: music(at)india-instruments.com
2. Consequences of Cancellation
In case of an effective cancellation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest) within 14 days. Customers bear the costs of returning the merchandise provided the goods have been delivered as ordered. India Instruments may hold back the due refund until return goods have been received. In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate India Instruments for the lost value. This shall not apply to goods when the reduction of their value is caused exclusively by testing them in the way a customer in a retail store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his / her property and by refraining from all use that may result in a value loss. To the extent possible, the customer shall return objects by parcel post.
3. Exclusion of the Right of Cancellation
Distance selling regulations void the right of cancellation for deliveries of tailor made products or products which have been manufactured according to the customer's specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, distance selling regulations void the right of cancellation for deliveries of audio and video recordings, or software with a broken seal.
§4 Warranties and Claims for Damages
1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm India Instruments Eckert & Klippstein GbR, are not protected by warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection. This applies in particular to wearing parts which must be replaced regularly even when used as intended (e.g. drumheads and strings).
3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, section 4 have been fulfilled. This in turn does not hold true if the customer is a consumer in the sense defined by § 13 German Civil Code .
5. The warranty period for new objects shall be two years. The period shall commence upon transfer of risk. The warranty period for used objects shall be one year deviatingly if India Instruments is not liable without limitation pursuant to § 4, section 7 (see below), in particular for violation of life, body and health. If the customer is an entrepreneur in the sense of §14 German Civil Code, the warranty period for new objects shall be one year, and for used objects six months after passing of the risk.
6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
7. India Instruments is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of India Instruments or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of India Instruments is limited to foreseeable damages alone.
§5 Due Dates and Payment Conditions
1. Invoices sent by India Instruments – as long as no agreements of a divergent nature have been set in writing – are to be paid in full within 7 days.
2. India Instruments reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
3. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event India Instruments is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§6 Reservation of Ownership
1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of India Instruments.
2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of India Instruments. Already now, the customer has relinquished his / her future claims in deference to the acquiring party at the amount of the purchase price negotiated between India Instruments and the customer, including interest and any subsidiary demands to be brought against India Instruments. India Instruments accepts this relinquishment of rights.
§7 Place of Execution and Place of Jurisdiction
1. Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.
2. The place of execution for all services and products negotiated in business transactions with India Instruments is Berlin, Federal Republic of Germany.
3. Berlin is the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.
§8 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.
© India Instruments 2016
ATTACHMENT TO GENERAL TERMS AND CONDITIONS
Recommendations for the reshipment of goods in case of cancellation, exchange or return.
1. Packaging:
Please take care to properly pack your goods to be reshipped. Particularly for fragile goods, like, e.g. musical instruments, very thorough packaging is urgently advised in order to avoid damage in transit. The packaging should be robust on the outside, absorb knocks and shocks and secure the goods inside its shipping carton. Please pack the goods for reshipping if possible using the same material and in the same way as you received them from us. Reshipment in inappropriate packaging is considered as gross negligence and leads to you being liable for possible damage in transit.
2. Bulky parcels:
Please take our advice when choosing a transport company if the goods to be reshipped exceed the permissible maximum dimensions set for standard parcels (120 x 60 x 60 cm) or the permissible maximum weight of 20 kg. We will be happy to entrust one of our logistics partners with the pick-up of the goods if we have to bear the reshipping costs (see § 3 General Terms and Conditions). If you should have to bear the reshipping costs yourself, we will be pleased to recommend a logistics company to you which is particularly careful in shipping bulky and fragile goods and / or especially inexpensive.
3. Parcel delivery:
If we have to bear the return costs for the return of standard parcels (max. 120 x 60 x 60 cm, max. 20 kg), please ask us to send you a return label free of charge (see § 3 General Terms and Conditions). In this way you help us to save unnecessary costs as compared to parcel rates for private customers or fees due for freight collect reshipments. Please refrain from freight collect reshipments. We will be happy to refund postal fees you advanced for us if we have to bear the reshipment costs (see § 3 General Terms and Conditions).
© India Instruments 2016