These general terms and conditions apply
to all contracts, deliveries and other services of EDITION LADE to its
contracted partners. Any deviating or supplementary conditions, especially
of general purchase terms by the buyer, or verbal agreements, must be
approved by EDITION LADE in writing.
EDITION LADE reserves the unrestricted
right to change or supplement these terms and conditions of business.
Orders received previous to the date of such changes or supplements
will be processed according to the terms and conditions that existed
at the time.
A purchase order placed for our products
is considered acceptance of our terms and conditions of business.
Changes in price, delays in delivery
and errors may occur at any time.
2. Product offers
Until the buyer agrees to a product
offer, the offers of EDITION LADE are nonbinding and may be changed
at any time. Furthermore, the offers are valid only as long as the products
are in stock. There is no minimum size of order.
The prices of EDITION LADE do not include
shipping and handling. Deliveries by parcel post, Hermes or by other
requested delivery services will be charged according to effective postage
or freight rates. Packaging materials will be charged at cost and may
not be returned. The prices in euro include 10% VAT for books and 20%
for Compact Disks. Special packing and mailing requests from customers
will be charged at applicable local rates.
Domestic delivery (Austria, Germany)
is by post on account; all other international deliveries must be paid
for in advance. Full payment in accordance with the stipulated conditions,
barring allowances for any kind of discount, expenses or fees, is due
within 8 days of date of billing. The buyer is categorically not allowed
to offset the purchase price with a previous debt due to them from EDITION
LADE unless the debt has been determined by a court of law or has been
expressly acknowledged by EDITION LADE.
The buyer will be in default without
an explicit reminder notice upon due date of payment. EDITION LADE retains
the right to claim default charges of 5% p.a. In the case of payments
to EDITION LADE that are in arrears, all open debts of the client in
question will become immediately due and future deliveries must be paid
for in advance.
Goods in stock generally will be shipped
within 5 days after a domestic order is received; international orders
will be shipped upon receipt of payment. Should the seller be engaged
with CD productions that absent him from the supply source, deliveries
may be delayed. If goods are temporarily or for a prolonged period of
time not in stock the buyer will be informed in writing of an anticipated
shipping date. Goods will be packaged in the best possible manner.
The date of delivery is binding only
if it has been expressly confirmed by EDITION LADE. Circumstances beyond
the control of EDITION LADE, such as deliveries from third parties or
other unforeseeable events and acts of God will result in an appropriate
extension of the confirmed delivery date.
Partial deliveries are permissible,
for which EDITION LADE may demand partial payment.
If a confirmed delivery date is not
honored for reasons other than those mentioned above, the buyer is entitled
to set an appropriate grace period and a penalty of denial of service.
After expiration of the grace period the buyer is entitled to withdraw
from the contracted delivery or service.
If goods cannot be delivered due to
the fault of a manufacturer or supplier, both EDITION LADE and the buyer
are entitled to withdraw from the contract two months after the promised
delivery date. Damage claims in the event of default are not possible.
6. Passing of risk
Transportation risk is assumed by the
buyer after the goods leave our house. Damages incurred during transport
are to be reported immediately to the carrier. The buyer is obligated
to accept ordered goods.
Goods are guaranteed for a period of
12 months from date of purchase. EDITION LADE guarantees that the goods
sold are free of material or production defects and contain the features
promised per contract. Minor deviations from Internet illustrations
or other promotional material are possible. Goods that contrary to expectations
are unusable will be replaced free of charge. In this case the rejected
goods must be returned to us immediately after receipt together with
a written description of the defects and a copy of the invoice. The
buyer is responsible for sufficient postal charges. The guarantee does
not apply to normal wear and tear. Willful damage to or improper use
of the goods will void all provisions of the guarantee.
According to the EU Consumer Protection
(Distance Selling) Regulations the buyer can refuse an order within
14 days of receipt of the goods. A written refusal need not contain
a justification. The buyer, however, is required to return the goods
in time (within 14 days after billing) if they have not already been
returned with the written refusal. The costs for returning the goods
(sufficient postage) must be borne by the buyer. Shipments without sufficient
postage will not be accepted. If an order is refused as described above,
payments remitted will be refunded upon proper receipt of the returned
goods. EDITION LADE is entitled to demand recompense for returned goods
that have been used or are damaged.
The right to refusal as described above
does NOT apply if sealed packaging has been opened or damaged.
8. Reservation of title
Title of goods ordered from EDITION
LADE passes to the unencumbered property of the buyer only upon payment
of the full purchase price. Should claim be laid to the existing property
rights of the seller, the buyer is obligated to promptly return the
delivered goods to EDITION LADE.
9. Place of fulfillment and place of
All disputes or legal claims which may
arise relating to this agreement are subject exclusively to the courts
of law at the place of business of the billing company EDITION LADE.
The terms and conditions of contract are governed solely by Austrian