Werner Chr. Schmidt
Mouthpieces & Brass instrument making

General Terms and Conditions of Business and Instructions about your right of withdrawal

General Terms and Conditions of Business

1. Validity of terms and conditions

The deliveries and services of the Seller ensue exclusively on the basis of these terms and conditions. These terms and conditions shall be deemed accepted at the latest upon the receipt of goods or services.

1.1. Copyright

We reserve proprietary rights and copyrights to all operating materials used by us for the purpose of quotation preparation or for the processing of an order; such operating materials may include sketches, drawings, models and templates and, in particular, copies of samples. These materials shall not be supplied to the Customer, even if these operating materials are charged for separately.

2. Offer and conclusion of contract

All offers made by the Seller are subject to change and are non-binding. Drawings, illustrations, dimensions and other performance data shall only be binding if this is expressly agreed in writing.


3. Prices

All specified prices are recommended retail prices. Invoices are always be made out in EUROS. Unless otherwise agreed, prices are calculated ex works and exclude packing, shipping and insurance costs.

Shipments abroad (within Europe) which are zero-rated can only be carried out by the Supplier provided that the value added tax identification number has been authorised by the German Federal Ministry of Finance. It is therefore essential that your address completely matches the address filed with the public authorities.


4. Date of delivery, period of delivery and performance

The date of delivery stated on the offer and invoice is approximate and does not constitute a binding date of delivery. In the case of high order intake, delivery can take several weeks longer than stated.

The Seller is entitled to make partial deliveries and render partial services at any time. In the event of delays in delivery and services due to force majeure or other incidents – including strikes, lockouts, official orders, etc. – the Seller shall not be liable, even if deadlines and dates are binding.

4.1. Consignment on approval

We shall charge a handling fee, according to expenditure, of between €15 and €25. This payment shall be credited if a purchase takes place. Instruments can only be supplied on a sale or return basis against payment of a deposit.


5. Transfer of risk

The risk is transferred to the Buyer as soon as the consignment has been handed over to the person in charge of the transportation, even if carriage paid delivery has been arranged.


6. Warranty

The warranty period begins on the date of delivery. The Seller undertakes to ensure that the products are free of manufacturing defects. This does not include surface finishes such as silver and gold plating or parts subject to wear. The statutory warranty periods shall apply. Complaints must be made within 8 days of receipt of the goods.


7. Retention of title

Title to the goods shall remain vested in the Seller until payment has been made in full. The Buyer shall therefore not be entitled to sell, pledge, rent or lend goods that are subject to retention of title. In the case of a breach of contract – in particular delayed payment – the Seller reserves the right to repossess the goods which are subject to retention of title. The right to return or exchange custom-made products and used mouthpieces remains strictly precluded. Instruments and mouthpieces made in accordance with samples, copies, drawings, data, etc. do not fall under the abovementioned prices but shall be invoiced separately.

Payment for custom-made products shall only be made by cash on delivery or advance payment.


8. Payment

Craftsmen’s invoices are strictly net and payable within 15 days, unless otherwise agreed. All payments are free of charge. From the date of default in payment, the invoice amount shall be subject to a default interest rate of five per cent above the basic interest rate. The goods shall remain the property of the Seller until full payment has been made. The invoice is deemed to have been accepted at the latest upon payment. Complaints regarding invoices must be made within a period of four weeks following the receipt of the invoice.

8.1 Payment by Credit Card

VISA, MasterCard, Maestro, JCB, Discover, Bccard, DinaCard and RuPay are accepted. (For non-EU countries: the fee charged per transfer is 3.2% of the invoice amount + €2.00)


9. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply to these terms and conditions and all legal relationships between the Seller and Buyer. The place of fulfilment is Markneukirchen, Vogtland. The sole place of jurisdiction is Plauen, Vogtland. Should any of these terms or conditions be or become ineffective, the validity of the remaining terms and conditions shall remain unaffected.


Instructions about your right of withdrawal

Right of withdrawal

You have the right to withdraw from this agreement within fourteen days (excluding custom-made products, i.e. all goods made to customer specifications, and contracts for which the consumer has specifically requested that we visit them for the purpose of conducting urgent repairs or maintenance).

The withdrawal period is fourteen days from the date on which you or a third party appointed by you, which is not the carrier, took possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to cancel this agreement with an absolutely clear declaration (e.g. a letter sent by post, phone, a fax or e-mail) and send it to:

Werner Chr. Schmidt
Owner Bernhard W. Schmidt
Mouthpiece Specialist
Mosenstraße 10
08258 Markneukirchen (Germany)

Phone: +49 (0)37422 2871
Fax: +49 (0)37422 749631
Mail: mundstueck@schmidt-brass.de

You may use the attached sample withdrawal form for this purpose, but this is not compulsory.

In order to meet the withdrawal deadline, it is sufficient to send the message about exercising your right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you cancel this agreement, we have to immediately reimburse all the payments, which we have received from you, including the delivery costs (with the exception of the additional costs, which are the result of you selecting a different kind of delivery than the cheapest standard delivery service, which we offered) and do so at the latest within fourteen days from the date on which we received the message about your withdrawal from this agreement. To make this repayment, we shall use the same form of payment, which you used for the original transaction, unless some other specific agreement was made with you; fees will not be charged for this repayment under any circumstances. We may refuse to make repayment until we have received the goods again or until you have provided the evidence that you have returned the goods, whichever takes place first.

You must immediately send back or hand over the goods to us – at the latest within fourteen days from the date on which you inform us of your withdrawal from this agreement. The deadline has been met if you dispatch the goods before the expiry of the deadline of fourteen days.
You shall be responsible for the direct costs of returning the goods.

You only have to pay for any loss in the value of the goods, if this loss in value can be attributed to any unnecessary practices that you have used to check the quality, features and functions of the goods.

download  open/download the withdrawal form as pdf file