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Allgemeine Geschaeftsbedingungen

Art. 1 Applicability

(1) The present General Terms and Conditions shall apply to all business relations between International Philharmony (IP), and its customers, as defined at the time of conclusion of the contract and as far as these refer to business transactions carried out by electronic means.
(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by IP in writing in individual cases.

Art. 2 Formation of Contract

(1) The description of our range of products on the Internet just serves to inform the customers. It is no offer to conclude a contract - contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for IP.
(2) By sending an order to IP, the customer offers to conclude a contract. IP can accept such an offer within two weeks by sending a message confirming the offer (by e-mail) or by delivering the ordered goods within this term. If individual information on the range of products on the web site is faulty, IP shall inform the customer separately after receipt of the order and submit an appropriate counter-offer to him.

Art. 3 Right of Revocation / Return

(1) The customer has the right to revoke his declaration of intention to conclude a contract in writing (e.g. by letter, fax, e-mail) within 2 weeks without stating a reason or - if the goods are sent to him before the expiration of the term of revocation - by returning the goods. The term begins after receipt of this information in writing, but not prior to the receipt of the goods by the recipient (in the case of recurrent delivery of similar goods not prior to receipt of the first partial delivery), and not prior to compliance with our obligation to provide information in accordance with the Dutch Law.
(2) The customer can return his/her purchase to us in its original condition within 14 days of the date the customer received the item, with any seals and shrink-wrap intact, and IP will issue a full refund for the price that was paid for the item. IP can only accept the return of opened items if they are faulty. DWTC reserves the right to send back items to the customer that have been returned to it after 14 days unless they are faulty.

(3) Digital downloads cannot be returned after purchase - all download sales are final. If the customer is experiencing an issue with a digital download, he/she should contact IP.

(4) To comply with the term of revocation, it is sufficient to send the notice of revocation or dispatch the goods in time. The notice of revocation has to be addressed to:

service@philharmony.com 

After the receipt of the revocation IP will send the customer the return address.

In the event of IP sending the customer a replacement for a damaged, defective or wrong item, the customer must return the item to IP within 14 days. IP reserves the right to charge the price of the replacement item to the payment card used for the original order if the customer does not return the original item to IP within 14 days of the date on which IP confirms that it will issue a replacement.

The customer should use the IP cardboard box and the manufacturer's original package to return the item and include the name of the person who ordered the items and the order.

Art. 4 Consequences of Revocation / Return

(1) In the event of a valid revocation, the goods and services as well as payments received by both parties shall be returned. In the event that the customer is unable to return the goods or services received to IP in whole or in part, or if the customer can only return them in a deteriorated condition, the customer is obliged to compensate IP for the loss in value. 
(2) Any obligations concerning the reimbursement of payments have to be fulfilled within 30 days. For the customer, the term commences on the day of dispatch of the notice of revocation or of the goods, for IP it commences on the day of receipt of the customer's notice of revocation or of the returned goods.

Art. 5 Delivery of Ordered Goods

(1) IP shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible.
(2) The costs for the individual deliveries shall be charged to the customer by IP in the respective amount shown. 
(3) Information on the terms of delivery shall not be binding, unless specifically otherwise agreed.

Art. 6 Reservation of Ownership

Until full payment is received from the customer, the delivered goods shall remain the property of IP.

Art. 7 Maturity and Payment of Purchase Price

(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment can be made according to the various options offered by the payment processing companies with which IP cooperates (like PayPal etc.).
(3) If the customer is in default of payment, IP shall be entitled to charge default interest at a rate of 5% per year over the base lending rate.
(4) The customer shall only be entitled to set-off if his counterclaims have not been contested or have been recognized by declaratory judgment.

Art. 8 Warranty of Quality

(1) IP shall be liable for any defects existing upon delivery of the goods for the statutory warranty period.
(2) The customer binds himself to inform IP about any defects arising in writing immediately. In the event of a defect for which IP is responsible, IP shall, at its own discretion, either repair or replace the defective product.

Art. 9 Privacy

All personal information of IP's customers will be treated confidentially. Such information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations of Dutch law. The transfer of such information to third parties who are neither involved in the performance of the contract nor affiliates of IP, shall be excluded. IP shall be entitled to transfer personal information of the customers to third parties for the purpose of credit card handling.
If the customer has any questions on our privacy policy and data protection, he/she should contact IP.

Art. 10 Final Provisions

(1) These General Terms and Conditions are governed by the laws of the Netherlands, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). The place of performance and venue is Amsterdam/Schiphol.
(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.

August 2010


INTERNATIONAL PHILHARMONY
36, 88-90 Hatton Garden
London, EC1N 8PG
United Kingdom

Phone: +44-2-81233666

Email:  service@philharmony.com

(This document will soon be translated to German.)


Kryptronic Internet Software Solutions