1. These General Terms and Conditions of Muzikkon shall apply to business relationships of any kind between Muzikkon, Ireland and the customer. Customers may be businesses or consumers.
A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession.
A business shall mean a natural or legal person or a partnership with concluding a transaction, acts in the exercise of its trade or profession
2. The product displayed on the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to Muzikkon to purchase the goods in the shopping basket. The customer shall receive the following details on completing the online payment process
. Your order # is: 10000****.
. You will receive an order confirmation email with details of your order and a link to track its progress.
. You will also be given a link with a copy of your confirmation to print for your records.
3. The sales contract shall only enter into effect upon receipt of our separate order confirmation. Customers can view all of their previous orders by logging into there account which should be set up before or during the first ordering process
4. Muzikkon reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although the transaction has been concluded. In such a case, the customer shall be notified immediately. Any costs incurred shall be reimbursed without delay.
5. When placing an order in the online store, the customer follows the technical steps as described below in detail:
. Click on the shopping cart displayed on the right of the screen
. You will be redirected the general order overview page with a list of the products and quantities you wish to confirm purchasing
. You will be given an option to update your cart if it needs any final adjustments (Muzikkon.com/checkout/cart)
. On the right of the screen you will have an option to input a discount code/ promotional code on the value of your cart, you are also given the opportunity to estimate your shipping costs by entering your address for a quote.
. From here proceed to check out
. We recommend that all customers create an account before the first order to keep track of invoices and orders.
1. CHECKOUT METHOD
. Click Register and checkout
. You will be guided through a series of requirements with red stars beside them
. Select if you wish to ship to this Address or a different address
3. SHIPPING METHOD
. Your Shipping rate will be disclosed at this point
4. PAYMENT INFORMATION
. You will be given the option of paying by Credit/Debit Card or Paypal. Once selected you can securely input your card or paypal details. You can also pay over the phone
5. ORDER REVIEW
. This is the final stage and one which you should review all information carefully before confirming the payment
The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.
1. If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a Muzikkon consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
2. All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
3. Domestic deliveries within Ireland are priced at EUR 5.00 per order. The international shipping charges are available under shipping. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
4. The Muzikkon goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage. If the customer is a merchant must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
3. STATUTORY RIGHT OF WITHDRAWAL
1. STATUTORY RIGHT OF MUZIKKON WITHDRAWAL
If the customer is a consumer, he/she shall be entitled to withdraw from this Contract within fourteen (14) days if they are unhappy with their purchase. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered. In order to exercise the right to withdrawal, the customer must notify us (Muzikkon, Ireland. Muzikkon Email: [email protected]) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
2. CONSEQUENCES OF WITHDRAWAL
If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including the original delivery costs (However, this reimbursement shall exclude any costs incurred on returning the product). Return of payment should be without delay, and no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed. We will withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier. The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall only bear the costs of returned goods if the fault lies with the product. The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
3. EXCLUSIONS FROM THE STATUTORY RIGHT OF WITHDRAWAL
The statutory right of withdrawal shall not apply in the following cases:
. Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
. Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
. Delivery of products in sealed packaging if the seal has been removed after delivery.
1. In addition to the statutory right of withdrawal for a period of fourteen (14) days, Muzikkon also offers customers a money-back guarantee for the 16 days following this period. The customer is entitled to return the goods we have supplied within thirty (30) Muzikkon days. The term shall commence when the goods have been received in full. The timely dispatch of the goods or the request to return the goods shall be deemed sufficient for meeting the deadline. The right to return goods can only be exercised by returning the goods unless the goods cannot be shipped as a package. It is advisable to contact the Muzikkon customer service department in advance ([email protected])
2. The 30-day money-back guarantee applies both to distance contracts and to goods purchased in person at our Muzikkon showroom.
3. Muzikkon does not bear the costs of return. Muzikkon regrets that it is unable to cover the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.
4. In the case of orders of media packaged in transparent film or sealed media such as CDs, books, instruments and gifts, the right to return goods shall only apply if the respective goods are returned in the original sealed packaging or with the seal intact.
5. The right to return goods shall be excluded altogether for goods, which have been manufactured or altered according to customer specifications, as well as for bulk goods and items which are subject to wear and tear (e.g. strings, sticks, drumheads, cables, plectrums and reeds) and items, which cannot be returned for hygiene reasons (e.g. whistles, pipes, reeds, etc).
6. Furthermore, a customer exercising the right to return goods must compensate Muzikkon for the depreciation in the value Muzikkon of the goods if the customer is unable to return the goods in the proper condition because he/she is responsible for the deterioration or loss of the goods or any other deficiency. This shall not apply in cases where the deterioration of the goods is attributable solely to the inspection of the goods – for instance, as would have been possible for the customer in a store. Incidentally, the customer should refrain from any use which may reduce the value of the goods while in possession of the product they wish to return.
7. If individual components of bundled merchandise or sets are returned within the 14-day statutory withdrawal period or the Muzikkon 30-day money-back guarantee period, the goods remaining in the customer’s possession shall be charged at the regular sales price.
8. Please note that the provisions set out in § 4 shall not apply for the first 14 days (statutory right of withdrawal in accordance with § 3 of the General Terms and Conditions of Business) of the 30-day money-back guarantee period; instead these provisions shall only apply during the subsequent 16 days.
5. WARRANTY AND COMPENSATION
1. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by Muzikkon are not covered by the warranty.
2. Signs of wear and tear from normal use are also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with item *2.4 has been fulfilled. This does not apply if the customer is a consumer.
5. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. The warranty period for used items shall be 12 months.
6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
7. The provisions of the Irish Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of Muzikkon shall be limited to foreseeable damage.
6. THREE-YEAR MUZIKKON GUARANTEE
In addition to the statutory warranty, Muzikkon shall also provide a three-year guarantee in accordance with the following provisions:
1. Muzikkon provides a guarantee for any defects arising during a period of three years from the transfer of the risk which can be proven to have been caused due to Muzikkon a material deficiency or a manufacturing error. Only customers who are consumers can assert claims under the guarantee; these claims are non-transferable.
2. The following are excluded from the guarantee:
. Used equipment.
. Parts and accessories, unless otherwise specified in the respective item description.
. Products subject to wear through use or other wear and tear.
. Product defects caused as a result of failure to follow the instructions for use or of inappropriate use, exceptional environmental conditions, extraneous operating conditions, excessive strain or a lack of maintenance or care.
. Product defects caused by the use of accessories or supplementary or replacement parts which are not original components.
. Products which have been modified or supplemented.
. Slight deviations from the intended state which do not significantly affect the product’s value or its suitability for use.
3. Product defects which are recognised by Muzikkon as being subject to the guarantee obligation shall be remedied as follows: at our discretion, the defective product shall either be repaired free of charge or replaced with a fully functional product (a subsequent model if necessary). Products and components which have been replaced shall become the property of Muzikkon
4. Guarantee claims must be asserted within the official guarantee period. In order to do so, the product in question must be returned to Muzikkon with the original invoice.
5. Claims other than the right to remedy defects referred to in these terms and conditions of the Muzikkon guarantee are not covered by this guarantee.
6. The guarantee period for the product shall neither be extended nor renewed as a result of the provision of services under the guarantee.
7. DUE DATE AND PAYMENT TERMS
1. Unless otherwise agreed in writing, invoices from Muzikkon must be paid in full without delay. Business payments must be within 30days from delivery of stock. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
2. Muzikkon reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
3. If a business fails to make a payment within 30days of receipt, Muzikkon has the right to collection of the products. If Muzikkon is able to prove that any of the instruments or products were damaged while on another premises, Muzikkon shall be entitled to assert the corresponding claims on these grounds.
8. CLOSING PROVISION
The above provisions are not only to protect Muzikkon, but also to protect the interests of the consumer and the trade buyer. All of the above are dependent on individual cases and situations.