InstagramGeneral Terms and Conditions of Trade
Ricci Carbon Instruments KG
CEO: Dr. Mag. Richard Stürzer
FB No.: 418356f, Commercial Registry, Provincial Court, Salzburg
Pursuant to the authority of the ECG: District Administration, Salzburg
UID No.: ATU68912402
Address: Paris Lodron Strasse 5
A – 5020 Salzburg, Austria, Europe
Tel.: +43 664 192 4300
E-Mail: office@ricci-carboninstruments.com
Website: www.ricci-carboninstruments.com
These general terms and conditions apply from 1 August 2014
1. Scope and Contractual Relationship
The following terms and conditions, which may be retrieved at any time from our Website, apply exclusively for all offers, orders, deliveries und services of RICCI Carbon Instruments KG (“RICCI Carbon Instruments,” or in brief “RCI”). Alternative terms and conditions stated by the customer have no validity. Non-response by “RCI” to orders or confirmation letters which reference alternative terms and conditions by the customer shall not be regarded as agreement.
Alternative terms and conditions proposed by the customer shall be recognized by “RICCI Carbon Instruments” only when RCI has expressly accepted them in writing. Absent such agreement in writing by RCI, these shall have no standing in the terms of the agreement when “RCI” performs and delivers without stated conditions.
Verbal, telephonic, or other agreements are only effective following written confirmation.
“RICCI Carbon Instruments” expressly reserves the right to alter these General Terms and Conditions at any time. Changes may be published from time to time on this Website. The business relationship between “RICCI Carbon Instruments” and the customer are governed exclusively by the terms of the General Terms and Conditions in effect at the time the order is placed.
All information and promotional materials in this Website are subject to change. We expressly reserve the right to change all information at any time. We expressly reserve to ourselves the right to make changes to the information contained therein.
Consumers in the sense of these terms and conditions of trade are natural persons who conduct business transactions with “RICCI Carbon Instruments,” yet to whom no commercial or self-employed profession can be ascribed. Entrepreneurs, for the purpose of these terms and conditions, are natural or juridical persons or judicable partnerships, who have entered into a business relationship and act in a commercial or independent professional manner. Customers in the sense of these terms and conditions of trade are consumers as well as contractors.
2. Conclusion of Contract:
The Internet site of “RICCI Carbon Instruments” represents solely a non-binding sales brochure, changes in technical and design details are expressly reserved.
Orders by customers serve solely as legally binding offers to conclude a contract. The receipt of an order will be confirmed by email within two business days. This confirmation does not serve to establish a contract. The contract only becomes effective when the ordered wares are delivered and/or an invoice or contract confirmation has been issued.
“RICCI Carbon Instruments” reserves the right not fulfill the delivery promised by the contract if it is determined that the raw materials are not available. In such a case the customer will be informed immediately. Any consideration tendered by the customer up to this time will be promptly refunded. Any further claims by the customer on “RICCI Carbon Instruments” are in any case excluded.
“RICCI Carbon Instruments” reserves the right to not accept an offer in case of typographical, printing, and calculation errors that occur on the Website of “RICCI Carbon Instruments.”
3. Rights of Return and Rescission
Pursuant to Consumer Protection Laws (KSchG) a purchaser within the EU – the consumer within the sense of the Consumer Protection Laws or similar legislation effective in their respective residence – may rescind the contract with a distance seller within fourteen days of delivery of the ordered wares. This does not apply for customers whose ordered goods are intended for their commercial or otherwise professional activity.
Music conservatories, universities, schools, therapeutic and public establishments, industrial, trade and service enterprises are likewise excluded from the rights of rescission for consumers. To comply with this time limit it is sufficient if you send the cancellation notice within the designated fourteen-day period.
Notice of Rescission
You have the right to rescind this contract within fourteen days without giving any grounds for the rescission. The rescission period consists of fourteen days from the day on which you, or a third party designated by you who is not the purchaser, have/has taken possession of the wares.
Instruments which have been built according to the specific wishes of the customer following the possible options shown herein (as, for example, individual surface appearance / design / acoustical specifications) are excepted from the right of rescission. However, the selection of bridge or tailpiece does not count as individualization. “Ricci Carbon Instruments” reserves the right to accept a rescission for the purpose of good will.
In order to exercise your right of rescission, you must give us a clear declaration of your decision to rescind this contract (for example, by a letter sent by post, a fax, or email) directed to:
Ricci Carbon Instruments KG
CEO: Dr. Richard Stürzer
Paris Lodron Strasse 5
A – 5020 Salzburg, Austria, Europe
Email: office@ricci-carboninstruments.com
Tel: +43 664 192 4300
For this purpose you may use the rescission form supplied herein, but the use of this form is not obligatory.
To comply with the time limit it is sufficient for us that the rescission notice be sent before the end of the rescission period.
Consequences of Rescission
When you rescind this contract we will promptly, not later than within fourteen days from the day we receive your notice, reimburse all payments we have received from you, including shipping costs (with the exception of additional costs which result from your selection of a manner of delivery different than the most advantageous standard delivery offered by us). You bear the immediate costs of the return of the wares to us. You will be responsible for any depreciation of the wares only if such depreciation is not the result of your normal testing of the quality, characteristics and functionality of the wares. Hence, that the wares are found in unused, newly purchased condition and free from any third party rights.
For this reimbursement we use the same currency which you used for the original transaction, unless something different is arranged with you; in no case will a currency exchange fee be charged against you on account of this reimbursement. We may withhold the reimbursement until we have received the return shipment of the wares or until you have given proof that you have sent the wares, whichever occurs first.
You must ship or deliver the wares promptly, and in any case not later than within fourteen days from the day on which you have notified us of your rescission of the contract, to Ricci Carbon Instruments, Paris Lodron Strasse 5, A – 5020 Salzburg, Austria, Europe. The time limit is complied with if you send the wares before the end of the fourteen-day period.
4. Price and Contract Language
Only the price stated in our order confirmation is valid. Orders which are delivered by “RCI” without prior order confirmation will be filled according to the prices as stated on our Website on the day of the order.
Our prices remain valid until revocation. If not stated otherwise, all price quotations are understood as gross prices “ex city of Salzburg” inclusive of the current statutory value added tax of 20 percent, plus all expenses incurred in shipping.
Shipping: Instrument shipping to EU countries and Switzerland flat-rate of € 50.00. Soundboard: € 6.00. Oversize surcharge for Cello € 50.00 / Contra Bass: € 100.00. Where applicable cash on delivery fees and customs duties are the responsibility of the customer. Shipping prices to countries outside of the EU and CH subject to request.
The value added tax does not apply for sales to customers outside the European Union (EU). The import duties of each respective country should be paid instead. If import or export duties become due in the course of the shipping, these lie to the cost of the purchaser.
In sales to businesses within the EU there is no Austrian Value Added tax due if a UID is provided. The business has then to pay the value added tax in its own country.
The billing is done exclusively in Euros. The language in which contracts, orders and complaints are prepared shall be German.
5. Delivery and Delivery Times
To the extent not otherwise agreed, all shipments are made from the company office in Salzburg, Austria, Europe, by means of a shipping agent commissioned by us.
The shipping of the wares is made to the delivery address given by the purchaser. The shipping lies exclusively to the risk of the purchaser. The risk transfers to the purchaser when the wares are transferred by “Ricci Carbon Instruments” to the assigned shipping company.
Packages should be examined for shipping damage immediately upon receipt from the shipping company by the purchaser or his authorized representative. In case of damage, this must be confirmed in writing by the shipping company.
Delivery time for an instrument requires normally 8 to 12 weeks from the closing of the contract, and it will be built specifically according to the customer’s order.
Information about delivery times is non-binding unless a specific delivery time was stated in writing. Damage claims against “RICCI Carbon Instruments” for non-fulfillment or delay are barred without exception, provided there is no malicious intent or gross negligence involved.
6. Terms of Payment
Unless otherwise agreed, payment for the order shall be made exclusively by prepayment or cash on delivery.
In the case of cash on delivery, the wares will only be delivered to the purchaser after payment of the complete amount of the invoice.
Payments in advance are to be made, without exception, to the account specified in our invoice and order confirmation.
Delivery is only made after receipt of the complete invoice amount in our account.
7. Retention of Title, Warranty, Liability
Our deliveries occur exclusively upon the express retention of our title to the delivered wares until payment is made in full for the delivery.
The purchaser is not permitted to pledge, to sell, or to transfer by way of security or to grant third parties any rights in the wares before complete payment of our invoice.
The purchaser shall immediately notify us in writing of any foreclosure or enforcement measure or any other third party action which may impact our legal status to the wares subject to our retention of title. The purchaser shall immediately contest any such measures with express reference to our retention of title.
The warranty for consumers in the sense of the Consumer Protection Law is limited to the statutory limit of 24 months from the transfer of risk of the wares. For businesses 12 months apply. Latent or developing defects are to be disclosed if possible upon delivery or when they become visible – without the customer, the consumer in the sense of the Consumer Protection Laws (KSchG), suffering legal consequences for default.
Upon a justified complaint of defect, either a cost free correction of replacement will be performed, for which an appropriate time is to be allowed. The stated guidelines, use restrictions, and instructions provided by the producer of the wares shall apply. The usability of the ordered wares for a particular purpose is not a part of the contract.
Damage or defects which are caused by improper use, such as installation or use of inappropriate accessories or by alteration of the wares by the customer or by third parties not authorized in writing by “RICCI Carbon Instruments” are excluded from the warranty.
Further, parts which are subject to natural wear and tear are likewise not covered by the warranty.
“RICCI Carbon Instruments” is liable only for damages resulting from malicious intent and gross negligence, with the exception of damage to life, limb, and health. The burden of proof for the existence of minor vs. gross negligence is the responsibility of the damaged party in the case of a consumer purchase.
“RICCI Carbon Instruments” excludes without exception compensation for defects and subsequent damage, as also other damage to property, financial loss, and damages resulting from third party claims against the customer.
Excluded in particular is any compensation for consequential loss, for other indirect damages, or loss, or loss of profit due to incorrect delivery, failure to deliver, or delay in delivery.
“RICCI Carbon Instruments,” as operating company of www.ricci-carboninstruments.com, performs its services with the greatest possible care. We are not liable, however, for services and information provided by or received from third parties. “RICCI Carbon Instruments” is likewise not liable as to the legitimacy of your placing the wares on the market in the country designated as the desired place of delivery by the purchaser.
8. Copyright, Licensing, Liability
The purchaser acknowledges that the products created and placed in trade by “RICCI Carbon Instruments” enjoy registered protection. All texts, images, graphics, audio, video and animation files are protected by copyright, trademark and other laws for the protection of intellectual property. They may not be copied for commercial purpose or for further distribution nor altered and used on other websites. Some Internet pages of “RICCI Carbon Instruments” may include images which are under copyright by those who have granted permission for their use.
Hyperlinks to www.ricci-carboninstruments.com are welcome. Any embedding of individual pages of our offer in foreign frames – without permission by “RICCI Carbon Instruments” – is not permitted.
“RICCI Carbon Instruments” provides information without any assurance or warranty of any kind, either expressed or implied. Also disclaimed is any implied warranty of merchantability or fitness for a particular purpose or non-infringement against laws and patents. Even though it is our intent that the information we disclose is accurate, errors or inaccuracies may be included.
“RICCI Carbon Instruments” does not assume any warranty for continuous, uninterrupted access or for the currency, correctness, and completeness of the information on this site. In the case of links to Internet sites of third parties, “RICCI Carbon Instruments” assumes no responsibility for the contents of those linked sites. With actuation of the reference to the other site, you leave the information resource of “RICCI Carbon Instruments.” Hence different rules may apply for an offer from third parties, in particular as to data security. “RICCI Carbon Instruments” further rules out any liability as to service functions – especially for the download of files provided by “RICCI Carbon Instruments” on the “RICCI Carbon Instruments” Internet site – for breaches of our obligations due to slight negligence to the extent that the breaches in question do not violate essential contractual violations such as life, health, or body or requirements of the Product Liability Statute. The same applies for all breaches of obligation by our potential service providers and other agents.
The contents of this Internet Website are assembled by “RICCI Carbon Instruments” with great care. Although “RICCI Carbon Instruments” takes great care for regular updating, the information presented here serves only for non-binding general information. A detailed consultation about individual customer wishes for a purchase decision does not replace these pages. We reserve the right to make changes at any time.
9. Venue, Applicable law, Miscellaneous
Austrian law shall exclusively apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection provided by compulsory regulations of the laws of the country of their primary residence has not been revoked. Recourse to the UN Purchasing Law is excluded.
Venue for all disputes which result from or lie in connection with the contract relationship is exclusively the provincial capital of Salzburg, Austria, as long as it is not related to consumer business. We are entitled at our own discretion to bring complaints against a purchaser in the general venue of the purchaser.
When the customer is a consumer in the sense of the Consumer Protection Laws (KSchG), the competent court of jurisdiction is construed as in that judicial district in which he has his regular place of residence or employment.
If any provision is held to be invalid or a nullity, the suspension of such does not affect the validity of any other provision of this General Terms and Conditions of Trade. If the condition arises that we do not elect to exercise any or all of the rights granted herein, that cannot be construed to the effect that we have relinquished such rights.
The fulfillment location for both parties is Salzburg, Austria, Europe.
The purchaser acknowledges that his purchase data is collected, processed, and stored by computer.
The data of the purchaser will be used exclusively for contract registration, invoicing, and accounting and will never be given to a third party except as may be necessary to fulfill the contract.
All information, graphics, and the design of www.ricci-carboninstruments.com serve exclusively for information for our customers. Printing and typographical errors are reserved. The use of the website is at the customer’s own risk. All files are under copyright. The copy, printout, and reproduction of the entire website, or any part thereof, is only permitted for the purpose of placing an order with “RICCI Carbon Instruments.” Any change, reproduction, editing, distribution, as well as public playback exceeds normal usage and represents a violation of copyright.