General Terms and Conditions

The following terms and conditions (in their respective valid version) apply to business interactions between the company SCHWENK & SEGGELKE and its customers. Differing conditions proposed by the buyer, that have not been explicitly approved by the seller in writing, shall not be binding.

OFFER

Our offer is subject to confirmation regarding delivery time, availability and price. SCHWENK & SEGGELKE reserves the right to make technical modifications and adjust pricing accordingly.

Prices

The price, as stated in the order confirmation, is binding. As far as stocked goods are concerned, the price list, valid on the day of delivery, applies. Oral price agreements are only valid if they have been confirmed by the seller in writing.

Terms of payment

An advance payment of 30% is to be made by the customer as confirmation of order. Halfway through production, a further payment of 30% is to be made. The remaining amount is due on delivery of the ordered goods. Should the customer fall into arrears, SCHWENK & SEGGELKE is entitled to charge default interest to the amount of 5 % above the respectively applicable base rate. Occurring extensive damages by arrears are to be borne by the customer.

This regulation does not apply to accessory items.

Custom-made products

In the case of custom-made products an advance payment of 50% is to be made by the customer immediately after receiving order confirmation. This regulation concerns goods which are not included in the configurator or price list. Only after receipt of payment the order will be processed. Custom-made products cannot be returned. This includes custom-made etuis.

Delivery

Basis for the delivery of our instruments is the receipt of the above mentioned 30% advance payment or any further amount due. Delivery by carrier is to be paid for by the costumer. SCHWENK & SEGGELKE does not assume liability for any damages that might occur during transport. Non-compliance of delivery dates shall not justify any claim for damages or the right to withdraw from the agreement.

Sample deliveries

For sample deliveries of our accessory items, SCHWENK & SEGGELKE charges 15 EUR for shipping which includes insurance. A cleaning fee of 10 EUR, if required, might be added. The exact amount will be included in the offer.

Cancellation policy

Customers of SCHWENK & SEGGELKE have the right to revoke their declaration of intent to enter the agreement within a period of 14 days following the receipt of goods. The items must be returned in orderly condition, without signs of wear, in their original packaging and exempted from all third-party claims. To meet the deadline, the timely dispatch of the goods will be sufficient. Should the order be revoked, SCHWENK & SEGGELKE reserves the right to charge an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.

Some items cannot be returned. See custom-made products and accessory items.

Delivery of accessory items

Payment for all woodwind instrument accessory items is due 7 days after date of invoice.

For hygienic reasons reeds cannot be exchanged or returned.

Warranty

SCHWENK & SEGGELKE guarantees that, at the time of delivery, the products are free of material and/or manufacturing defects and obtain the properties agreed on by contract. Obvious or hidden defects must be communicated within 10 days in written form, otherwise the warranty for said faults is forfeited. The legal warranty is 24 months after delivery. In case a complaint is filed, the item is to be returned along with a copy of the invoice. The warranty does neither apply to pieces which have experienced normal wear over time, nor in cases of improper use or storage. During the warranty period SCHWENK & SEGGELKE is entitled to repairs free of charge. In case faults are not being repaired within a reasonable period of time, the customer reserves the right to transformation or reduction according to German law (§ 476a BGB). Damages to the parcel during delivery must be confirmed by the carrier in writing (DHL, DPD, UPS) and SCHWENK & SEGGELKE must be notified immediately.

Customer Service Prices

For repair works on products from SCHWENK & SEGGELKE we charge 65 EUR per hour. For products from other manufacturers we charge 90 EUR per hour. (Material costs and value-added tax not included.)

Reservation of ownership

Until full payment, the delivered goods remain property of SCHWENK & SEGGELKE. This regulation applies, even if the product has been sold to a third party before the full price was paid. Should the item be impounded by a third party, the customer who has originally ordered the product, is obligated to inform SCHWENK & SEGGELKE immediately via registered e-mail.

Place of performance

Place of performance and place of jurisdiction for all services deriving from the business relations with SCHWENK & SEGGELKE is the city of Bamberg (GERMANY). By confirming the order, the customer agrees to the terms and conditions mentioned above. German law shall apply exclusively.

Final clauses

Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract.


Date: March 2020