The General Terms and Conditions of Mundo Flamenco (owner: Johannes Inhoffen)
Clause 1 Area of Validity
Our sales conditions apply exclusively. Conditions of an ordering party deviating from our sales conditions are not valid unless we have given our expressed written consent to such.
Clause 2 Prices, Taxes and Shipping/Postage Costs
All prices are in euros and include VAT. Shipping/postage costs for Germany are indicated on the order form and are charged separately. Shipping/postage costs for orders from other countries are charged depending on the weight and country zones. After we receive your order, we will inform you per e-mail about the amount of shipping/postage costs.
Clause 3 Due Date and Payment
1. The ordering party can pay as follows:
Payment within Germany:
a) Per automatic debit transfer: Payment per automatic debit transfer is only possible via direct debiting within Germany. The invoice amount is debited from the indicated account after the shipment leaves our shop, but at the earliest one day afterward. If costs arise due to cancellation of a direct debit, we shall charge these to the ordering party insofar as the cancellation of the direct debit is not our fault.
b) If the order exceeds a goods value of 200 euros, the goods must be paid in advance (bank transfer in advance). However, I retain the right in individual cases to reject payment per automatic direct debit even for goods valued at fewer than 200 euros and require payment in advance.
c) After previous consultation on the phone, per bank transfer after receipt of the goods in exceptional cases.
Payment from foreign countries:
Per advance payment (bank transfer in advance) or per bank transfer after receipt of the goods in exceptional cases.
2. If the ordering party is in default of payment, we have the right to demand default interest in the amount of 5% higher than the basic interest rate p.a. set by the European Central Bank.
Clause 4 Revocation Right
The ordering party revoke its declaration of intent to conclude the contract without stating reasons within two weeks in writing (e.g. letter or e-mail) or by returning the goods. The period commences at the earliest on receipt of this instruction in writing. Sending the revocation or the goods within the time limit shall be sufficient to comply with the revocation period. The revocation is to be sent to:
In the case of a revocation, the performances received by both parties are to be returned including any possible utilization derived from them. If the ordering party cannot return the received performance completely or in part or only in a worse condition (e.g., clear traces of use), he shall compensate Mundo Flamenco for the corresponding value. This does not apply to the use of items if the worsening of condition of the item is due solely to inspecting it, e.g., as it would be possible when the ordering party would inspect the item in the shop. The ordering party can avoid the obligation to compensate for value if he does not use the item as an owner and refrains from doing everything that could interfere with the value.
The revocation right does not apply to the delivery of audio or video recordings or software (e.g., CDs, video cassettes, DVDs) if the seal on the supplied data carriers has been broken by the ordering party and for goods, which were produced according to the specification of the ordering party (e.g., guitars with special dimensions or features).
The ordering party must return goods, which can be sent as packages, at his own cost at an order price up to € 40.00 if the supplied goods match that which was ordered. If the order value is more than € 40, the ordering party is responsible for the costs and danger at revocation.
End of the revocation instructions
Clause 5 Return Shipments
We do not accept packages, for which we have to pay the shipping or postage costs. The ordering party must use the shipping packaging that we selected. If this does not exist, the goods are to be packed safely and properly. The ordering party is liable for goods damaged due to improper packaging. We have the right to retain the amount of a reduction of value due to use of the item.
Up until a goods value of 50 euros, the ordering party must select the most inexpensive shipment type for the return shipment (sent at printed paper rate, trade sample or small parcel). The ordering party shall select parcel post as return form for goods value exceeding 50 euros and insure them sufficiently.
Clause 6 Reservation of Ownership
The supplied goods remain our property until paid for completely.
Clause 7 Liability for Defects
The legal warranty period of 24 months after receipt of the goods applies. The ordering party must check the shipment for completeness and absence of damage without undue delay after receipt and inform us in writing or per e-mail about any obvious defects. The ordering party shall make a complaint to the deliverer immediately if the packaging is damaged. The defective, delivered objects are to be sent back in the condition, in which they were at the time of discovering the defect. We shall pay for any return shipment costs. The provisions in clause 5 apply to the shipment form. If the purchased item has a defect, the ordering party has the choice of demanding his legal rights for eliminating the defect or delivery of defect-free goods (supplementary performance). If the supplementary performance fails, the ordering party has the choice of reducing his selection or withdrawing from the contract and enforcing claims for damages. The liability for other damages, which the ordering party suffers due to delay, an impossibility of performance of our responsibility or due to violation of an obligation, the observance of which is of special significance for achieving a contract objective, is limited to such damages that are typical and predictable due to the contractual use of the goods. A more far-reaching liability, especially for damages that are not the result of the goods themselves, for lost profit or other material damages suffered by the ordering party, is excluded.
The above liability limits do not apply to liability resulting from intent and gross negligence, or due to injury of lime, life or health of a person.
Clause 8 Availability of Goods
We strive to keep all items, which we sell, in stock. Because more than 90% of our items are imported, short-term bottlenecks can occur. If several items are ordered and a few of them are not in stock, we shall inform the ordering party without undue delay if the waiting time exceeds one to two weeks. At the request of the ordering party, we make a partial shipment if the available goods have a value of at least 100 euros. The subsequent shipment of the other ordered items is free of shipping charges. If the item is not available, we shall inform the ordering party without undue delay and reimburse already paid purchase prices without undue delay. We also grant the ordering party the right to cancel all goods that he ordered and to withdraw from the sales contract.
We retain the right to withdraw from the sales contract if the item is not available.
Clause 9 Special Offers
Special offers apply as long as supplies last. We reserve the right to sell the items beforehand.
Clause 10 Different Picture/Quality of Product
In all print products and covers of CDs, videos and DVDs, the appearance, i.e., the cover, can differ from the photograph in our catalog/website. This does not affect the contents or quality of the product. We guarantee to the ordering party for all purchase products that the contents are in line with the description with the reservation that the outer appearance of the picture can differ.
Clause 11 Instruments
All guitars, which we sell, are handcrafted instruments. Some of them are produced in workshops of varying sizes, and others have been built by the masters of guitar craftsmanship working alone. The trademark of a handcrafted guitar is its uniqueness. There are practically no two instruments that are the same. Consequently, the pictures in our catalog/website are only points of reference for the appearance of the instruments. The color, adornments and dimensions can differ. As a result, we cannot guarantee that the actual appearance is the same. In addition, our performance obligations are subject to a self-delivery clause for special orders for guitars.
Clause 12 Data Protection
We obligate ourselves to protect the privacy of all persons, who purchase in our shop, and to treat their personal data confidentially. The data required for an order are solely used for processing your order and for the purpose of information of our customers and not forwarded to third parties. However, you can have your data deleted at any time; please let us know per e-mail if you want this done.
Clause 13 Applicable Law
German law applies with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Clause 14 Valid Version
If there are any differences between the German and English versions of these General Terms and Conditions, the German version is decisive.
Tel. (0761) 28 74 28