General Conditions of Sale
and terms for online purchases by consumers
last updated: 31.08.2001
§ 1 Term of validity
For all online purchases and orders placed on our FOGLIETTA internet pages the following General Conditions of Sale of
Peter Przybylla, Hauptstrasse 64, D-67735 Mehlbach, Germany
phone: +49 6301 33061
apply exclusively at the time of order. The purchaser may download the text or print it. Any conditions to the contrary shall only be valid if confirmed by us in writing.
§ 2 Warranty
(1) Our clarinet reeds are subject to certain tolerances due to their fabrication. Therefore, slight changes in the blowing and sound characteristics typical of each model might be possible. Especially the changes in the cane caused by growth or weather are not included in our warranty because cane is a natural material.
(2) We reserve the right of technical changes of colours, forms or weight as far as they are tolerable and can be expected.
(3) If the purchaser can plausibly prove that the articles were delivered with damages we will compensate him with the respective articles within reasonable time.
In case we are not able to deliver, the purchaser has the right to revoke the purchase.
In the cases described in § 4 (2) we will pay the shipment costs resulting from the purchaser's return regardless of his liability to cover the shipment costs according to § 3 (2). The warranty notice is 6 months.
(4) We will not take any liability for reed damages caused by improper use.
(5) A liability for further damages or health impact caused by unexpected, abnormal or improper use can not be taken.
§ 3 Conclusion of the contract
(1) Our specifications to products and prices may be subject to change and are not binding. We reserve the right of price changes. Along with his order the purchaser makes a binding offer. We will accept this offer as far and as soon as the purchaser has obtained a notification from us. Up to this point of time we reserve the right to desist from delivery of the articles offered in case of their unavailability.
(2) The prices specified on these internet pages are defined as brutto prices including the german VAT.
(3) By issuing a purchase order, the purchaser fully accepts these General Conditions of sale.
(4) This contract is binding after the 14 days period due to the right of revoke has passed.
§ 4 Delivery
(1) Unless differently confirmed we deliver exclusively to addresses within Europe including Swizzerland and Great Britan.
Delivery is from Mehlbach to the address given by the purchaser. Place of performance is D-67735 Mehlbach, place of jurisdiction is D-67655 Kaiserslautern.
(2) Delivery to any countries appart from Germany has to be confirmed by Foglietta and is possible only on condition of payment in advance.
(3) We reserve the right of part shipment. In this case we naturally take over the additional cost of shipment.
§ 5 Payment, reservation of ownership
(1) Payments are due 30 days from the date of delivery.
(2) Payments are to be effected by the means of payment as listed in our online-shop.
(3) In case of default we have the right to charge default interest to the amount of 5% above the current base interest rate announced by the European Central Bank. Purchaser has the right to prove that no damage or lower damage has been caused by purchaser's default.
(4) FOGLIETTA retains the ownership title to the articles delivered until the time of full settlement of the account.
§ 6 Return facilities and the right of revoke
(1) Pursuant to article § 361 a Bürgerliches Gesetzbuch [German Civil Code], the purchaser has a fourteen days notice period from delivery of his order within which he may desist from this contract without giving any reasons, according to these General Conditions of Sale. For this purpose the purchaser must return the articles delivered as well as include a written statement or an explanation which is stored on any other long-term data storage device. In order to comply with the notice period the purchaser must simply dispatch the articles or his statement to FOGLIETTA on time. The same applies to a mere cancellation. Clarinet reeds already used as well as packages with the seal broken are excluded from these conditions.
In case of cancellation or revocation as outlined above the return shipment cost must be paid by the purchaser if the product value is less than 40,-EURO. If the product value is higher shipment costs will be paid by FOGLIETTA.
(2) We ask for your understanding that for hygienical reasons we cannot take back any packages with a broken seal nor any reeds which have been already blown. According to §§ 346 II, 357 III and 312 d IV goods of this nature are excluded from the right of revoke.
(3) In case of a return the risc of loss or damage in transport is on the hand of the purchaser.
(4) In case of a not prepaid return of the goods the acceptance will be rejected and the goods will return again towards the purchaser.
§ 7 Privacy of personal data
(1) Any personal details given to Foglietta are voluntarily provided by the purchaser
(2) The data needed for the business transaction will be saved and used in our electronic data processing as far as allowed according to the § 4 Bundesdatenschutzgesetz [German Federal Act of Privacy of Personal Data]
(3) The data are handled confidentially and cannot be whatched by a third party or the purchaser himself. On demand Foglietta is obliged to to guarant accessibility of data for the purchaser and has to provide the possibility of changing or erasing these data according to the § 6 Bundesdatenschutzgesetz [German Federal Act of Privacy of Personal Data]
§ 8 Others
(1) These General Conditions of Sale will be governed exclusively by German law to the exclusion of the UN Convention on the sale of goods.
(2) Any reclamation is to be referred to the address in §1.
(3) If any provision of these general conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
(4) In the event of disputes and/or litigation arising under these General Conditions of Sale, the German language version of this contract shall prevail.