I. Coverage
II. Offer, Agreement and Cancellation
III. Prices and Payment
IV. Shipment, Delay and Passing of risk
V. Reservation of property
VI. Warrantee, Claims and Compensation
VII. Give back Guarantee
VIII.Liability
IX. Applicable Law
X. Cancellation
XI. General conditions to use this website
*Content, Property rights and Restrictions, Trademarks and Copyright
*Remarks, Feedback and other Information
*Updating these conditions
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I. Coverage
1. For the business relationship between the “Institut fuer
Klang-Massage-Therapie” in short referred to as Institut
and the customer the following is an overview of the general applicable
conditions of use.
The Institut does not acknowledge or accept any different conditions unless
otherwise specified in writing.
Our conditions are also valid in case we deliver an order without restrictions
while the customer's conditions are different.
2. These conditions are valid for all items listed in Singing Bowls
Shop and also for other orders off the internet.
3. All prices are valid for Singing Bowls Shop only and due to
changes without notice.
II. Offerings and Contract Agreement
1. All offerings are without engagement.
We reserve our rights to modify products for improvement, reasonable and without
restricting
their purpose without any further notice.
2. By his order the customer's declares his intention to buy the
ordered goods without obligation. There are no products for sale for children, items suitable for children are sold to adults only.
3. The order is accepted if the Institut does not reject it within
six weeks.
4. The Institut does not recognize or accept any different order
conditions made by telephone or word of mouth, unless acknowledged
in writing. In not reacting to a customer's attempt for changed
conditions we declare our disagreement.
6. Contract agreement is subject to the timely and right delivery
by our manufacturers. If certain products are no longer available
for delivery the Institut has the right to revoke the order. Should
this situation arise the customer will be informed immediately
that this product is no longer available. Payments already received
will be credited.
III. Prices and Payment Conditions
1. All prices are in Euro inclusive 20% legal VAT but exclusive
shipping costs and packing.
2. Customer's price equals the valid (listing-) price on delivery
day. Customer has to pay optional transfer fees by himself.
3. No charges are made for the use of telecommunication regarding
your order. Further legal information regarding e-commerce contracting
and according to information obligation under terms of TKKG 2003
are available in our Legal Notice.
4. Payment options are invoice, bank transfer, Paypal (you may
choose between creditcard, debitcard, and banktransfer when using
Paypal), and within Austria by C.O.D. also. The Institut may ask
for payment in advance by order confirmation. Recieving an invoice
the customer is oblidged to pay within 14 days, otherwise payment
is
default and due to interest of 8% up from the legal base lending
rate. We reserve our right to prove and claim a higher damage caused
by delay.
5. Customers may charge up against our demands only if their demand
is beyond dispute or has a legal entitlement; customer has a right
to withheld goods only when specified in his contract.
IV. Delivery, Delay, and Transfer of Perils
1. The delivery will be sent directly from Wien Südbahnhof.
All orders will be processed in a timely fashion.
All shipping costs are to be paid by the customer according to the rates of
the carrier chosen. Items too big to be carried by courier will be sent by
a forwarding agency on customer's cost. Delivery rates are the real rates of
our carriers.
2. We reserve our right to partial delivery of an order, which
is no deficiency.
3. Goods are sent insured unless different conditions were agreed
upon.
4. Delivery date and time limit may be agreed upon in writing.
Delivery time limit starts with order confirmation.
5. Force majeure or disorders at our manufacturers outside our
influence will extend delivery time until settlement. Once delay
is extending a period of four months, customer may revoke his order.
Other rights of withdrawal remain untouched.
6. Timely delivery means the day we hand over the order to the
carrier of your choice.
V. Ownership
1. Delivered products remain the property of the Institut until
payment has been received in full.
2. Customer is obliged to take care of the goods.
3. Customer is obliged to inform us immediately in case of destruction
or third party intervention e.g. distraint of the goods, and submit
the related documents to the Institut. Immediate information is
also required in case of ownership and adress changes.
4. The Institut may revoke the contract on delay of payment. In
case we take back the goods, we agree upon refund according to
the selling value on the day of return.
5. Customers may sell the goods under their own license, but transfer
already now all titles to the Institute which may arise from selling
to a third party. We accept the transfer. Customer is entitled
to collect the charges after transfer.We reserve our right to collect
charges ourselves, in case customer gets into payment default,
and also to assign transfer to the debtor.
VI. Warrantee, Claims and Compensation
1. Covered defects should be claimed within 14 days, but latest
after a legal period of 24 month from delivery date. Uncovered
defects and missing items have to be claimed within 14 days from
date delivery
is recieved.
2. The Institut is only obliged to accept returning goods, when
the customer has informed us and provided his invoice number. Accepting
the return does not mean accepting customer's notification of defects.
In the first place we decide to warrant by remedy or by a substitute delivery.
3. On remedy failure customer may decide between reduction of
refunds or revoking the contract. There is no right to revoke on
marginal defects or minor contract adverseness.
4. Once the customer chooses revoking the contract, no compensation
demands can be made. Chooses the customer compensation because
of remedy failure, the goods remain at the customer if reasonable.
Compensation is restricted to the difference between the paid price
and the daily value of the defect goods.
5. Small customary or technical deviations in quality, color,
size, weight or decor are part of the genuine state of our goods,
and are no defects.
6. Our product description declares appearance and workmanship
of our goods, public opinions and commercials have no influence
on the contracted quality.
7. The Institut does not guarantee in juridical consense. Manufacturer's
guarantees remain untouched.
8. Claims on defect goods become time barred after 12 months from
delivery date.
VII. 30 Days give back guarantee - Buy without risk
The Institut guanrantees the right to give back all purchased
goods within 30 days without extra reason. Once an item does not
match with your expectations, please call us T/F (+43) 01 6020163
or
send us an email: info (at) klangschalen.at.
The return shipping ought to be paid by the customer. The items must lack any
traces of use. Otherwise the Institute may keep parts of the refund according
to depreciation of the goods. NO give back guarantee or cancellation rights
apply to audio- and video recordings, once their original seal or packing is
broken by the customer. Besides this 30 Day give back guarantee your legal
warranty remains untouched.
VIII. Liability
1. In case the Institut is liable for slightly negligent damage,
this liability is restricted to violations of essential contracted
obligations and to the predictable typical loss or damage. Restriction
is not valid for injuries of life, body, and health. No liability
is held for slightly negligent damage by a defect of purchased
goods.
2. Irrespective our actual fault the Institut's liabilty for fraudulent
concealment of defects, takeover of guarantees, exercise risks,
or according to product liability laws remains untouched.
3. Personal liability of our legal representatives, subsidiaries
and staff members for slightly negligent damage is excluded.
IX. Applicable Law and Jurisdiction
Austrian Right is applicable exclusively. Regulations of the UN
customer rights are not valid. Court of jurisdiction is Vienna.
X . Cancellation
1. Cancellation Right
You may revoke our contract within two weeks in writing (e.g.
letter, fax, email) or by returning the goods on prior notice.
Time limit starts soonest on reciept of this terms. Timely revoke
and/or
return of the goods will protect your interests.
Your revoke is to be adressed to:
Institut für Klang-Massage-Therapie
Puchsbaumgasse 6
1100 Wien
F: +431 6020163
info (at) klangschalen.at
2. Cancellation consequences
In case of valid cancellation, goods and services will be returned
mutually obligatory on both sides.
If goods are returned in declined condition and value the customer has to pay
compensation in case. Decline does not include usual inspection of goods, like
buying in a warehouse. To avoid compensation, refrain from using goods like
an owner and from everything which could call forth a decrease of value.
3. Returning goods
Returning goods according to your order are accepted only on your
own cost.
Returning goods NOT according to your order is free. Please return the goods
on our costs.
4. Refund
We will transfer the amount (and the shipping
costs in case) to the bank or creditcard account you have mentioned
with your order. In case of paying an invoice we will account postal
charges together with open
payments of returned goods. Otherwise we will transfer all payable amounts
to the mentioned account. You will get an email to inform you about the transaction.
In case your invoice is still pending on return of the goods, the pending invoice
becomes irrelevant.
XI. General Coditions to use this homepage
Welcome to the Singing Bowls homepage at world wide web. Please
read the folllowing hints to the use of this website and your order
via internet. By typing our adress, browsing the pages or placing
an order, you acknowledge that you have read, understood and accepted
these terms and conditions. In case you do not agree, please do
not use our homepage.
Singing Bowls Shop and website are controlled and executed by Österreichisches
Institut für Klang-Massage-Therapie. All outstanding debits
in connection with this website as well as the use of the website
and the thereon offered products are subject to Austrian Law. In
case you disagree, please do not use this website.
Attending our website from outside Austria happens on your own initiative and
responsibility concerning compliance with Austrian Law. Not regarding historical
information about the Institut, all other informations concern the future and
are therefore subject to changes. These informations are updated at times.
* Content, Property rights and Restrictions, Trademarks
and Copyright
Copyright for all pictures, graphics, fotos, designs,
videoclips, texts, articles, descriptions, and all contents is
controlled and
licensed by the Institute, trademarks belong to their owners. The trademarks Peter Hess® and Peter Hess products® are property of Peter
Hess.
You may copy, print or distribute parts of the Singing Bowls website
to the following purposes only:
1. to place an order at Singing Bowls Shop
2. to use the homepage as a shopping resource, provided that you
do not change it and mention copyrights and property rights.
Except for to place an order at the Institut, contents of this
website must not be reproduced, copied, published, downloaded,
sent, either electronically or by mail, distributed, or stored
without written permission of the Institut and/or the regarding
owner of rights.
Please mind the immediate expiry of this permission on abuse and
disregard of the mentioned conditions.
* Remarks, Feedback and other Information from our visitors
By sending information or your ideas via internet or on other
ways to the Institut you agree to give these in our property, where
they will remain.
You hereby accept our restrictions, prohibiting you to publish
or send illegal, defamatory, detractive, agitative, blasphemical,
or pornographical, as well as criminal content via Singing Bowls
website. You are solely held responsible for your remarks sent.
* Updating these Conditions to use this homepage
These Conditions to use our website may be revised and updated
by the Institut and republished on this page. You hereby agree
that in case of a part of these conditions becoming void, all other
conditions remain untouched thereof and valid. By using this website
you declare your acceptance and comprehension of these conditions
you are obliged to. Please revisit this page from time to time
to stay informed about the conditions you are obliged to.
Institut für Klang-Massage-Therapie
© All Rights reserved.
Vienna, in December 2008 |