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DELIVERY
Delivery occurs at the customer's
own risk. As soon as the goods have been entrusted to a transportation
company by the firm Dias Music, 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“ in the sense defined by
English Law, 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.
All prices are in cash, including
value-added tax/sales tax, as well as other ensuing charges for
packaging, handling and transportation.
The goods should be examined
immediately after delivery by the customer or an authorized individual
to detect any transportation damages. Detectible 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.
In general, any information
concerning delivery dates is not legally binding, unless a definite
date of delivery has been set in writing.
Claims for damages against the
firm Dias Music arising from non-fulfilment of contract or delay are
excluded to the extent neither premeditation nor gross negligence can
be established.
RETURNS
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“, i.e. to the extent the
customer is a “consumer“ in the sense defined by
English Law This only holds true for sales contracts under delivery
conditions or by indirect means (telecommunications) in accordance with
English Law. The goods must be returned to the firm Dias Music in
orderly condition, without signs of wear and exempted from all third
party claims. Punctual return is sufficient in order to satisfy legal
deadlines.
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.
Rights of refund can
only be exercised through the return of the goods, unless it is not
possible to send the goods as a package. The refund deadline begins
with the reception of the delivery by the customer.
Rights of return are to
be considered forfeited if the goods have been manufactured according
to the order of the customer.
Should the customer make
use of refund rights, the firm Dias Music has the right to demand an
appropriate compensatory payment for the period of time during which
the goods remained in possession of the customer.
Furthermore, customers
exercising their rights of refund must compensate the firm Dias Music
for any diminishment 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, perish
ability 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.
The returned goods are to be sent to:
Dias Music Limited, Owner: Dias Music Ltd, 11 Milford Way,
Chippenham UK SN15 3YD
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