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,
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.
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 visitor or the purchaser.
(2) The data needed on purpose of comunication or business transaction will be saved and used in our
electronic data processing as far as necessary. The basis for any single purpose of use is ruled by
art. 6 parag. 1 lit. a,b and f GDPR [General Data Protection Regulation] together with HGB [german Trading Code]
and EStG [german Income Tax Act]
(3) The data are handled confidentially and cannot be whatched by
a third party or the person concerned. On demand Foglietta is obliged to
guarant accessibility of data for any person concerned and has to provide the
possibility of changing, restricting their use, or erasing these data
according to the arts. 15 -21 GDPR [General Data Protection Regulation]
More details on this subject by FOGLIETTA can be found separately listet under
§ 8 According to § 36 VSBG
(Act of Settlement of Disagreements in Consumer Affairs)
the operator of this website declares:
I agree to participate in any process of settlement of disputes on a voluntary basis before an arbitration board.
§ 9 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.