Terms and Conditions - Europe

1. General Information

In the following “client”, “customer”, “buyer”, “you” and “your” refers to you, the person accessing this website and accepting the company’s terms and conditions. “Tarang Indian Instruments”, “TARANG”, “we” and “us” refers to our company. The following terms and conditions - in the version that is effective at the moment of placing an order - apply for all business transactions between Tarang Indian Instruments and any buyer.

Tarang Indian Instruments, owner Marie-Luise Siebenkaes (called TARANG in the following), operate this website for a range of products, the website is open to all internet users. The access to and use of www.indische-instrumente.de are the subject matter of these general terms and conditions and all applicable laws. TARANG reserve the right to amend these terms and conditions from time to time.

2. Presentation of Products

The presentation of the TARANG products that are on offer on the website www.indische-instrumente.de does not constitute a legally binding offer. The handcrafted musical instruments, accessories and fittings may vary and the goods delivered to you may differ from the description on the website (e.g. colour, decoration or measurements).

3. Contract of Sale

3.1 In case of a contract of sale, the contract is to be concluded with
TARANG Indian Instruments
Marie-Luise Siebenkaes
Johannisstraße 14
90763 Fürth
Germany
USt. - IdNr.: DE228189973
E-mail: contact@tarang.eu
Telephone: +49 (0)911 6708040

The presentation of the TARANG products that are on offer on the website www.indian-instruments.com does not constitute a legally binding offer, it is a non-binding invitation for visitors of this website to order goods. When ordering the desired goods, the client places an offer for the conclusion of a sales contract which is then binding for him.

3.2 Orders can be placed by telephone, e-mail or letter or directly from the online shop (see also section 3.3). A sales contract is concluded when TARANG sends the ordered goods to the client within 14 days or hands over the goods personally or provides the buyer with a written sales confirmation by e-mail or letter. The order is binding for the buyer for a maximum of 21 days.

3.3 There is no online payment system available on the website www.indische-instrumente.de. For ordering via the order form on the TARANG website, please follow these steps:

1. Select the goods you wish to order.
2. Confirm by clicking the button „Order“.
3. Check the information in your shopping cart.
4. Confirm by clicking the button „Send order“.
5. Enter address data of the buyer.
6. Double check the entered data and correct if necessary.
7. Send your order by clicking the button „Send order list“. Please note that a payment transaction is not being initiated.
8. Your order details are transmitted to TARANG.
9. The buyer receives an online confirmation informing him of the data transmission.
10. The buyer receives an order confirmation within 24 hours. No processing of incoming orders will take place on Saturdays, Sundays and public holidays.

When the buyer orders via the order form that is available on the website, the data will be transmitted to TARANG without initiating a payment transaction. The data transmitted via the order form will be confirmed by an order confirmation within 24 hours. This order confirmation will contain all the details of the products ordered, prices, shipping costs, delivery time as well as methods of payment. Incoming orders can be processed from Monday to Friday except public holidays.

3.4 Subject matter of the contract is the product ordered by the client. Regarding the condition of the goods, the specifications on the website apply, otherwise article 434, paragraph1, clause 3 BGB (German law) applies.

Language of contract is German. Contracting party is Tarang Indian Instruments, Marie-Luise Siebenkaes, Johannisstraße 14, 90763 Fürth, Germany, USt. - IdNr.: DE228189973.

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4. Right of withdrawal

4.1. Cancellation policy

The buyer can cancel the sales contract concluded with TARANG within 14 days without stating reasons. For that purpose he must send a written notice of withdrawal by e-mail or letter to TARANG within the fixed period and, as a consequence, send back the delivered goods (taking into account the cancellation consequences in section 4.2.). The withdrawal period starts when the buyer has been informed of the right of withdrawal and has received the goods from TARANG. Notice of withdrawal and return of goods are to be sent to the following address: Tarang Indian Instruments, Marie-Luise Siebenkaes, Johannisstraße 14, 90763 Fürth, Germany.

The notice of withdrawal can also be submitted by e-mail to the following address: contact@tarang.eu A form for the notice of withdrawal is provided under the link: “Withdrawal Form »”, but you will have to fill it with your own details.

For the withdrawal to be effective, the received goods have to be sent back or personally handed over, preferably in the original packaging. When you cancel the contract and send back the goods, we will have to pay back all the payments received from you without delay, within 14 days from receiving your cancellation at the latest, including delivery costs (except any additional costs that arise when you choose a transport mode other than the cheapest standard delivery). For this payment we will use the same means of payment that you used for the original transaction unless otherwise expressly agreed; by no means will you be charged for this repayment.

You have to send back or hand over the goods immediately, at the latest within 14 days from the day you informed us of the cancellation of the contract, to

TARANG Indian Instruments
Marie-Luise Siebenkaes
Johannisstraße 14
90763 Fürth
Germany

The time limit is being observed when you send back the goods before the 14 days have elapsed. Goods that cannot be sent back by normal post due to their nature will be collected by a forwarding agency assigned by us. The only product on offer from us that requires shipment by freight forwarder is the “male tanpura”. For the transport by freight forwarder we charge you the actual costs but only up to a maximum of 49 Euros within Germany and a maximum of 99 Euros in other European countries.

If we receive the goods in a deteriorated state or not at all, you are obliged to pay compensation. You can avoid deterioration by not using the goods as if you own them and by not doing anything that might deteriorate them (e.g. traces of use or other damages). We act on the assumption that the goods are handled as if they were examined or tried in a shop.

We recommend to provide suitable packaging for sending back the goods. The best thing to do is to use the original packaging. We strongly advise packaging with extreme care especially for delicate goods such as musical instruments in order to avoid damages in transit. The packaging should be externally robust to absorb shock and impact and inside the goods should be secured in such a way that they cannot move in the shipping carton. The right of withdrawal remains unaffected regardless of whether the customer follows these recommendations or not.

4.2 Exclusion from the right of withdrawal

Excluded from this right of withdrawal are customised products made especially for the customer’s requirements and instruments which are not pre-fabricated but made individually according to the customer’s specifications when there is no doubt and it has been documented that the goods were made correctly and according to the customer’s specifications in every detail.

Also excluded from withdrawal are data carriers for both vision and sound, when they have been unsealed.

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5. Product Range

TARANG assure that all the statements on this website are true. We however reserve the right to adjust product range, prices and materials to the respective market conditions at any time. The required adjustments will be published promptly on www.indian-instruments.com.

6. Prices

The prices stated on our website are inclusive of VAT. Not included in the price are packaging and shipping as well as possible customs and other charges (when shipping the goods to countries outside the European Union). For shipping and postal charges see section 8.

7. Delivery

7.1 All items are dispatched immediately if they are in stock. All goods are usually available from stock. Should an item not be available momentarily, we will inform you about the expected delivery time by e-mail if you have supplied us with your e-mail address. We deliver within Germany, to all EU countries and worldwide.

7.2 Delivery time within Germany as well as for deliveries to other countries is usually a maximum of 5 working days unless otherwise stated in our offer. That means shipment takes place no later than 5 working days (Monday to Friday except public holidays) after receipt of payment (when you pay in advance) or after conclusion of contract (in case of cash on delivery or payment on receipt of invoice). The transit time with the parcel service Deutsche Post/DHL is generally 1 working day within Germany, maximum 2 working days; for foreign shipments within the EU the transit time is 3 - 4 working days.

7.3 If you are a merchant as defined by the German Commercial Code, you, the client, or a person authorised by you should check the goods immediately after receiving them to make sure there is no transport or packaging damage. If goods or packaging are damaged during transport and the damage is noticeable, the customer who is a merchant as defined by the German Commercial Code has to report the damage and to get a confirmation in writing by the carrier when receiving the goods. Customers who are consumers are asked to immediately report obvious damages to us, to document them and to get a written confirmation by the carrier when receiving the goods.

This does not affect your statutory rights.

8. Packaging and Forwarding Costs

8.1 We offer the following modes of shipment: Parcel service DHL/Deutsche Post and letter post.

8.2 Charges for forwarding and packaging within Germany:

- Small order of up to 50 Euros merchandise value (if possible to send as letter or “Maxibrief”)
- up to 500 grams 2 Euros – more than 500 grams 2.90 Euros -
- otherwise up to 2 kg, small parcel size: 4.95 Euros
- from 50 Euros merchandise value (insured parcel): standard parcel up to 31 kg: 6.90 Euros
- Special sizes: (Santur, instrument cases) 19.90 Euros
- Bulky goods of more than 1.20 m in length: 24.90 Euros
- Parcels with fragile, bulky content: 35 Euros
- For cash on delivery via DHL the parcel service will charge a COD charge of 2 Euros upon delivery.

8.3 Charges for forwarding and packaging to European countries:

- Small orders sent as letter or “Maxibrief”: 3.90 Euros
- Standard parcels of up to 31 kg: 19.90 Euros
- Bulky parcels and special sizes of more than 1.20 m in length (e.g. Santur, instrument cases): 39.90 Euro
- Parcels with fragile, bulky content: 69 Euros

8.4 Charges for forwarding and packaging to countries outside the EU:

The forwarding costs vary depending on country of destination, weight and measurements.

9. Payment, Reservation of Ownership

9.1 All quoted prices are gross prices in Euro inclusive of VAT of currently 19% and 7% for books. The prices valid on the day of ordering shall apply.

9.2 For delivery within Germany and to European countries the following methods of payment are possible:
- Cash on delivery (only within Germany):
The client is obliged to pay the purchasing price upon delivery of the goods.
When choosing cash on delivery via Deutsche Post AG (DHL), the parcel service will charge an additional COD charge of 2.00 EUR upon delivery which has to be paid by the consignee.
- Advance payment:
The customer is obliged to pay the purchase price by bank transfer to our bank account.
- Via invoice: The customer is obliged to settle the invoice amount within 10 days after receiving the goods.

9.3 The delivered goods shall remain our property until all claims have been fully paid (reservation of ownership according to article 158, 449 BGB, German law). The customer has to inform us immediately about compulsory enforcement measures of third parties in regard to the reserved property and has to hand over all documents necessary for the intervention; this also applies to adverse effects whatsoever. Notwithstanding the above, the customer has to inform us in advance about pre-existing third party rights on the goods.

10. Warranty and Compensation

10.1 Deficiencies or damages traceable to inappropriate handling or improper assembly and usage of inappropriate accessories or changing of original parts by the customer or a third party which have not been authorised by TARANG, are excluded from warranty.

10.2 Wear and tear based on usage is also excluded from warranty. This applies especially to wear and tear parts that have to be replaced from time to time (such as drumheads and strings).

10.3 When the client accepts goods, being fully aware of a deficiency, he is only entitled to compensation as described below, if he expressly and instantly reserves his right after receiving the goods.

10.4 The client is only entitled to compensation on account of transport damage if he has fulfilled his obligation of examining and of claims notification (according to German law article 7 clause 3). This does not apply if the client is a consumer who purchases the goods for personal use.

10.5 The statutory warranty period is 24 months. The period starts with the passing of the risk. If the client is a business person, the statutory warranty period is 12 months. Warranty does not include any wearing parts, e.g. strings or drum heads.

According to German law any defect occuring within the first 6 months of the warranty period is always treated as a warranty case. Defects occuring after the first 6 months of the warranty period are only treated as warranty cases if you can argue convincingly that the cause of the defect has already been there at the time of purchase.

10.6 When in the context of warranty a defect can be remedied, we are entitled, at our discretion, to choose between
a) repair,
b) replacement by faultless goods or
c) return of the goods and refund of payments already made
In each of these cases, the faulty goods have to be sent back to Tarang Indian Instruments first. By mutual agreement, a reduced price instead of a correction of the defects can be negotiated.

10.7 A warranty claim has to be made in writing within the warranty period. Claims other than the right of correction of defects are not justified.

10.8 By providing the warranty service, the warranty period is not extended or renewed.

10.9 Apart from that, the provisions of the law apply.

10.10 TARANG is liable for damages only if they are charged with intent or gross negligence. This applies to all claims for damages with the exception of those that are based on a violation of life, body and health or a consciously negligent breach of contract. Beyond that, a liability for compensation is excluded. The regulations of the law of product liability remain unaffected. In case of a negligent breach of contract, the liability of TARANG is limited to the foreseeable damage.

10.11 By providing warranty service the warranty period for the goods remains unaffected and is not extended or renewed.

11. Due Date and Terms of Payment

1. The invoices issued by Tarang Indian Instruments are usually payable by advance payment (bank transfer) or by cash on delivery (only available within Germany). Any costs incurred shall be paid by the client. Alternatively, cash payment or payment by PayPal can be agreed upon. For PayPal payments we charge 2% in addition to the invoice total (goods and shipping) as a service fee.

2. Payments in foreign currency are credited according to bank statement. Bank charges shall be born by the client. If we deliver without payment in advance but with payment on open account and the customer is in arrears with the payment of the purchasing price, interest of 5 % above base commercial lending rate has to be paid on the sum total while in default of payment. In case Tarang has suffered a verifiable damage that is higher than that, Tarang is entitled to assert claims.

12. Data Protection

During all the stages of a buying process TARANG will collect, store and process data within the framework of legal requirements.

When clients visit TARANG’s website, the current IP address, date and time, browser type and operating system of the client’s computer are recorded as well as the pages that the person is looking at. It is not possible and not intended, however, for TARANG to draw conclusions on individual-related data.

The personal data that a buyer provides TARANG with (e.g. name, contact data), are only used for the correspondence with the buyer and are only processed for the purpose for which the client has provided them. The data are only passed on to the shipping company authorised by us to deliver your goods, but only insofar as they are relevant for delivery. For the handling of payments the buyer ‘s payment data are passed on to the financial institution commissioned to process payment.

We assure you that all the buyer’s personal data are not given to third parties unless required to do so by law or unless the buyer has expressly agreed to it beforehand. Insofar as Tarang make use of services of third parties for handling processes, the regulations of the German Federal Data Protection Act are observed.

Duration of Data Storage

Personal data that TARANG have been provided with via its website are only stored until the purpose for which they have been given is fulfilled. Insofar as record retention periods have to be observed in accordance with the applicable commercial or tax law, the duration of storage of certain data can be as long as 10 years.

Your Rights

Should the buyer not agree to the storage of personal data or should these be incorrect, TARANG will ensure that the data will be erased, corrected or blocked in accordance with the legal requirements. Upon request, the clients can obtain information concerning their personal data that TARANG have stored, free of charge. If you have any questions or would like more information about our collecting, processing or using personal data of clients or about correcting, blocking or erasing data, please contact:

Tarang Indian Instruments, Marie-Luise Siebenkaes, Johannisstraße 14, 90763 Fürth, Germany, +49 (0)911 6708040, contact@tarang.eu

13. Content and Links to other Websites

13.1 The content of our website has been compiled with greatest care. However, we do not accept responsibility for the correctness, completeness and currentness of the content. Being a service provider, we are responsible for our own content on this site in accordance with article 7 paragraph 1 TMG according to general law. According to articles 8 to 10 TMG we are not obliged to monitor transmitted or stored external data or to find out circumstances which suggest any illegal activity. The obligation to erase or block the use of information in accordance with general law will remain unaffected. A liability in this respect is only possible, however, from the moment of receiving actual knowledge of a breach of law. On becoming aware of any infringements, we will promptly remove these contents.

13.2 Our offers contain links to websites of third parties on whose contents we have no influence.

Thus we cannot be held responsible for their contents. The respective provider or operator is always responsible for the contents of linked pages.

These linked pages were examined at the moment of linking to see if there were any possible statutory violations. Any illegal contents could not be identified at the moment of linking. It is, however, not reasonable to check the contents of linked pages permanently without specific evidence indicating a legal infringement. As soon as we become aware of such infringements, we will promptly remove these links.

14. Copyright

The contents and works of website providers on these pages are protected by German copyright law. Reproducing, processing, distributing and any kind of utilising beyond the limits permitted by copyright law require the written consent of the author or creator. Downloads and copies of this website are solely permitted for personal, non-commercial use. Insofar as the contents of this site have not been created by the provider, the copyright of third parties is to be respected. The contents of third parties are especially marked as such. Should you still come across a breach of copyright, we kindly ask you to notify us. When we become aware of any such rights violation, we will remove the relevant contents with immediate effect.

15. Warranty for Defects

The statutory warranty for defects applies.

16. Applicable Law

The application of UN international trade law shall be excluded, German law shall apply. By placing an order the buyer acknowledges the general terms and conditions of this online shop.

If the client does not have a place of jurisdiction in Germany or in another EU member country, the exclusive place of jurisdiction for all and any disputes arising from this contract shall be the official location of our company.

17. Any Other Business

The general terms and conditions can be seen on our website. By placing an order, the customer accepts these terms and conditions and agrees with their content.

The ordered goods will be dispatched by: Tarang Indian Instruments, owner: Marie-Luise Siebenkaes, Johannisstraße 14, D-90763 Fürth, Germany, Telephone +49 (0)911 6708040, E-mail contact@tarang.eu.

Complaints can be filed by email or letter post to Tarang Indian Instruments, owner: Marie-Luise Siebenkaes, Johannisstraße 14, D-90763 Fürth, Telephone +49 (0)911 6