Terms & Conditions

 

General Terms and Conditions of Business

§1 General Information

1. In respect to business relations of all types between the firm Musicsound A.Tillirides & son LTD and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.

2. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalog showing the product line. By clicking the ‘Send Order’ button, customers agree to order the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. Alternatively, we may also confirm the order by sending a separate email or by initiating the product delivery. 
The customer is able to view all prior orders after logging in to the customer service pages of our website.
 
3. The firm Musicsound A.Tillirides & son LTD reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against the firm Musicsound A.Tillirides & son LTD.

4. The contractual language is English; all prices are shown in Euros.

§2 Delivery

1. Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Musicsound A.Tillirides & son LTD, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ (as is described in EU Directive 90/314/EEC), the danger of accidental perish ability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.

2. All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation; unless otherwise agreed !

3. Domestic shipments within Cyprus have standard charge. We DO NOT post the shipping charges for International deliveries at shipping. In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees. Please contact the firm in order to get shipping charges which may vary with item/s and quantity.

4. Minimum purchase is 25 EUR.

5. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.

6. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.

7. Claims for damages against the firm Musicsound A.Tillirides & son LTD arising from non-fulfillment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.

§3 Rights of Refund

1. The customer has the possibility to return all articles from our current assortment without reason and within 30 days, and thus, to make use of our „money back guarantee“ (EU Directive 1999/44/EC Sale of Consumer Goods and associated guarantees). The goods must be returned to the firm Musicsound A.Tillirides & son LTD in orderly condition, without signs of wear and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
Order cancellations shall be submitted by email : 
musicsound@cytanet.com.cy 

2. The Consequences of Cancellation In case of an effective cancellation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them – e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. To the extent possible, the customer shall return objects by parcel post or deliver the goods to one of our stores. The customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, when at the time of the cancellation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customer’s premises. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancellation is sent or the object is returned; for the vendor, Musicsound A.Tillirides & son LTD
the grace period begins with the receipt of the cancellation or the returned goods.

§4 30-Day Money-Back Guarantee

1. In addition to the customer’s mandatory right of withdrawal within fourteen (14) days (EU Directive 1999/44/EC Sale of Consumer Goods and associated guarantees), Musicsound A.Tillirides & son LTD extends its money back guarantee to customers for another 16 days beyond the mandated withdrawal period. The customer is entitled to return our delivered merchandise within thirty (30) days no questions asked. This period begins at the time the customer receives these special instructions in writing (e.g. by letter, fax or email), the merchandise and after receiving all mandatory information prescribed for distance selling and eCommerce (see §3, item 1). The timely shipment of the merchandise or the timely request of return shall be sufficient for meeting the cancellation time limit. The right of cancellation can only be exercised by shipping back (returning) the merchandise, provided it can be shipped by parcel post. In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise at the customer’s premises. 
We recommend contacting a sales representative prior to returning merchandise (contact information, see §3, item 1).

2. The 30-day money back period applies both to distance sales agreements and to the purchase of goods on site at our Musicsound A.Tillirides & son LTD stores.

3. Musicsound A.Tillirides & son LTD regrets not to be able to carry the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.

4. Rights of refund exist when ordering media packaged in transparent film or sealed media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software, only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.

5. Rights of return are to be considered forfeited if the goods have been manufactured or altered according to the order of the customerspecification i.e. Custom built cases. This also applies to goods we consider under the heading of "consumables" such as strings, sticks, drumskins, cables, bulbs, reeds and plectrums, or "Hygeinic" such as harmonicas for e.g.

6. Should the customer make use of refund rights, the firm Musicsound A.Tillirides & son LTD has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.

7. Furthermore, customers exercising their rights of refund must compensate the firm Musicsound A.Tillirides & son LTD  for any diminished in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any activity which would reduce the value of the article.

8. In case the customer returns individual items from bundled merchandise or sets within the 14-day cancelation period or within the C.G.G. 30-day money back guarantee period, we will charge the customer the regular sales price for the retained items.

9. These provisions do not affect the mandatory 14-day right of withdrawal for the purchase of goods from a distance seller.

§5 Warranties and Claims for Damages

1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm Musicsound A.Tillirides & son LTD , are not protected by warranty.

2. Naturally occurring signs of wear are equally excluded from warranty protection.

3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.

4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 3 have been fulfilled. This in turn does not hold true if the customer is a „consumer“ (as is described in EU Directive 90/314/EEC).

5. The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with EU Directive 1999/44/EC Sale fo Consumer Goods and associated guarantees. The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“, the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk.

6. For SPECIAL OFFER items or other items specifically designated, Musicsound A.Tillirides & son LTD reserves the right to apply different guarantee policy. Terms should be agreed with a company Sales Representative. Customer is responsible for requesting necessary information on such terms.

7. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.

8. The firm Musicsound A.Tillirides & son LTD is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Musicsound A.Tillirides & son LTD or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Musicsound A.Tillirides & son LTD is limited to foreseeable damages alone.

§6 Due Dates and Payment Conditions

1. Invoices sent by the firm Musicsound A.Tillirides & son LTD – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.

2. Musicsound A.Tillirides & son LTD reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.

3. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value set by the firm for the period of delinquency. In the event the firm Musicsound A.Tillirides & son LTD is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.

§7 Reservation of Ownership

1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Musicsound A.Tillirides & son LTD . In respect to contracts negotiated with consumers, the firm Musicsound A.Tillirides & son LTD reserves its right of property until the full remittance of the purchase price.

2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm Musicsound A.Tillirides & son LTD . Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Musicsound A.Tillirides & son LTD and the customer, including interest and any subsidiary demands to be brought against the firm Musicsound A.Tillirides & son LTD. The firm Musicsound A.Tillirides & son LTD accepts this relinquishment of rights.

§8 Place of Execution and Place of Jurisdiction

1. Legal jurisidiction is exercised by the Republic of Cyprus exclusively.

2. The place of execution for all services and products negotiated in business transactions with the firm Musicsound A.Tillirides & son LTD is Limassol, Republic of Cyprus, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.

3. The exclusive place of jusrisdiction for any legal proceeedings against the firm Musicsound A.Tillirides & son LTD is in Limassol Republic of Cyprus. The same holds true for legal action taken by the firm Musicsound A.Tillirides & son LTD against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.

§9 Final Clause

  Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.