Standard Business Conditions

SCHAGERL Music GmbH
Hörsdorf 7
3240 Mank, Austria
Kundendienst: +43 2755 2302-0
info@schagerl.com



PLEASE NOTE THAT THESE STANDARD BUSINESS CONDITIONS REPRESENT A WORKING TRANSLATION OF OUR GERMAN STANDARD BUSINESS CONDITIONS – OFFERED FOR YOUR COMFORT. IN CASE OF DEVIATIONS, ONLY THE GERMAN VERSION IS DECISIVE.

§1 General information

1. For business relationships of any kind between SCHAGERL Music GmbH and the customer the following standard business conditions apply in their respective current version. Deviating provisions or business conditions of the customer are not valid, unless this has been agreed on in writing. The delivery of the ordered products con-stitutes an acknowledgement of our business conditions in any case. Deviations re-quire a written confirmation letter from our side.

2. The depiction of the products in the online shop does not represent a legally bind-ing offer, but only a non-binding presentation of our assortment of goods. By clicking the button for posting the order the customer effects a binding order for the products included in the shopping basket. The order can only be posted if the customer con-firms that he accepts the standard business conditions. The contract of purchase is concluded by the delivery of our separate order confirmation or the delivery of the goods, whatever comes first. The text of the contract is saved and the order data and the link to our standard business conditions are sent to the customer by e-mail.

3. SCHAGERL Music GmbH reserves the right not to render services/deliver goods when it becomes known after conclusion of the contract that the product is out of stock despite a corresponding order. In this case, the customer will be informed by e-mail. Consideration already made, if any, will be returned. Any additional claims against SCHAGERL Music GmbH are hereby explicitly excluded.

4. The contractual language is German.


§2 Delivery

1. The delivery is made at the customer’s risk. As soon as the goods are handed over to a transport company by SCHAGERL Music GmbH, the risk is transferred to the customer. This also applies to partial deliveries. The delivery is made to the ad-dress stated by the customer.

2. If the customer is a consumer according to Austrian law, the passage of risk from the seller to the customer for lost or damaged goods is not effective until the goods were delivered to either the customer himself or a third party specified by the cus-tomer. In the event that the customer has entered into a contract of transport (with a carrier) himself, without using one of the delivery options provided to him by the sell-er, the passage of risk to the customer is already effective as soon as the seller hands over the goods to the carrier.

3. All prices include the statutory VAT, but do not include costs of packaging, insuring and delivering the goods if such arise.

4. The delivery is made on the basis of the costs of delivery that were agreed. In case of delivery to third countries, fees and customs duties may accrue which have to be borne by the customer.

5. The customer or his representatives are obligated to examine the goods immedi-ately after receipt in order to find out whether they have been damaged upon transport. Transport damages that are determinable must be reported in writing im-mediately. In case of damages in packaging the customer is obligated to have such damages confirmed in writing by the transport company upon receipt of goods.

6. Any information given on delivery terms is non-binding, unless a certain delivery term has explicitly been agreed on in writing.

7. Claims for damages against SCHAGERL Music GmbH due to non-fulfillment or delay are excluded except for cases of deliberate intention or gross negligence.

8. Delivered goods are insured up to a value of EUR 500. In case of a value exceed-ing EUR 500 an insurance is effected and charged to the customer. The costs of this insurance amount to 0.3% of the value of goods. They are included in the costs of delivery as displayed.


§3 Warranty and compensation for damages

1. No warranty cover is provided for deficiencies or damages that result from negli-gent or inappropriate maintenance, improper installation, usage of unsuitable equip-ment or changes in the original parts by the customer itself or a third person not in-structed by SCHAGERL Music GmbH.

2. Likewise, no warranty cover is provided for wear and tear resulting from usage.

3. Commercial customers are obligated to examine the goods immediately and to notify us in writing of any deficiencies immediately, failing which the customers are not entitled to any warranty claims for such deficiencies. If such a customer accepts the receipt of such goods despite being aware of deficiencies, the customer is only entitled to warranty claims if he reserves this right explicitly and in writing after receipt of the goods.

4. The warranty period for new goods is 24 years. It starts with the transfer of risk. The warranty period for used goods is one year. In case of a commercial customer, the warranty period for new goods is one year and the warranty period for used
goods six months as of the transfer of risk.


§4 Guarantee

1. Depending on the specific instrument, SCHAGERL Music GmbH grants a guaran-tee in respect of new instruments which are made in own production for the period of up to 2 years as of the date of purchase. The specific guarantee period is displayed on the certificate of guarantee which is attached to the instrument. If within the guar-antee period a deficiency arises upon normal use, SCHAGERL Music GmbH will re-pair or replace this instrument. The guarantee does not apply to damages of the var-nish and not to such deficiencies that arise due to accidents, misusage, unconven-tional usage, negligence, improper maintenance or care or changes to the instru-ment. Adverse effects due to transpiration, corrosive environment or other external factors like extreme conditions as regards temperature or humidity are not covered by the guarantee. Even in respect of expensive instruments zinc disease and dam-ages of the varnish occur when they are not maintained sufficiently.

2. Instruments without legible serial numbers are not covered by our guarantee.

3. The customer shall take into account the information for proper maintenance of the instruments as attached to the instruments. Wear and tear of instruments is only cov-ered by the guarantee if such occurs despite proper maintenance and care or as a result of a verifiable deficient manufacture. In case dark spots occur on the borders of bells the guarantee does not apply as these do not represent damages of the var-nish. SCHAGERL Music GmbH is available for any questions that regard mainte-nance.

4. Instruments to which our guarantee applies we attach a filled-in guarantee certifi-cate to. The raising of guarantee claims requires the guarantee certificate and the original invoice.

5. The customer himself has to bear the costs for sending over the instruments to SCHAGERL Music GmbH. SCHAGERL Music GmbH bears the costs of returning the instrument to the customer in guarantee cases. Otherwise, the costs of returning the instrument will be charged to the customer.

6. Private customers are entitled to make use of the guarantee as well as the manda-tory warranty rights towards the SCHAGERL Music GmbH. The guarantee does not limit or affect the legal warranty the customer is entitled to in any way.


§5 Payment conditions

1. Invoices of SCHAGERL Music GmbH have to be paid in full immediately - unless otherwise agreed in writing. In case of credit card payment the debit is effected upon the order of goods. Bank fees have to be borne by the customer.

2. In case of delay of payment an interest rate of 5% above the up-to-date base lend-ing rate is applied to the invoice amount. In case of verifiable damage for delay ex-ceeding the interest amount, SCHAGERL Music GmbH is entitled to claim this dam-age.


§6 Revocation right for consumers

Private customers are entitled to withdraw from their contracts made over the online shop of SCHAGERL Music GmbH without reason and without penalty within 14 days.
The revocation period is fourteen days with effect from the day,
  • on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uni-formly;

  • on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

  • on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a prod-uct, which is delivered in several part deliveries or units;

Should more than one of these options be applicable, the withdrawal period begins on the day either you or a third party designated by you, who is not the carrier, has accepted delivery of the last goods or the last partial consignment or the last item in your order.
In order to exercise your revocation right, you must inform

SCHAGERL Music GmbH
Hörsdorf 7
3240 Mank
Tel. 02755 2302 bzw. +43 27552302
Fax. 02755 2302 bzw. +43 2755 2302 5
E-Mail: musicstore@schagerl.com

of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email).
In order to comply with the revocation period, it is sufficient that you send the notifica-tion about the exercise of the revocation right before the expiry of the revocation pe-riod. The right of withdrawal does not apply to CDs, DVDs etc or to software when un-sealed by the customer. Furthermore, this right does not apply to products made to the consumers specifications or clearly personalized.
Consequences
In case of a lawful withdrawal the benefits already provided have to be returned. If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable
standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this con-tract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on which-ever is earlier. You must return or transfer the products to

SCHAGERL Music GmbH
Hörsdorf 7
3240 Mank
Tel. 02755 2302 bzw. +43 27552302
Fax. 02755 2302 bzw. +43 2755 2302 5
E-Mail: musicstore@schagerl.com

immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is main-tained if you send the products before the expiry of the fourteen-day deadline. SCHAGERL Music GmbH is entitled to retain an adequate amount for the usage or to deduct the actual loss of value if any. However, SCHAGERL Music GmbH is not entitled to charge for a loss of value which arises from a conventional usage. Com-pensation for lost value may only be charged when and insofar the customer has used the goods in a way that goes beyond the testing of features and functionality. “Testing of features and functionality” means a testing and trial like it is possible and adequate in a retail store.
The customer bears the direct costs for returning the products.
End of the information about rights of revocation.


§7 Reservation of proprietary rights

1. The goods remain property of SCHAGERL Music GmbH until all claims, including incidental claims, existing against the customer have been fully paid by the customer. In case of contracts with private customers the goods remain property of SCHAGERL Music GmbH until the purchasing price has fully been paid.

2. The customer is not entitled to sell the goods to third persons before he fully paid the purchasing price or take other actions that endanger the property of SCHAGERL Music GmbH. The customer assigns all claims against the purchaser in the amount of the purchase price agreed between the customer and SCHAGERL Music GmbH plus accrued interest and incidental claims to SCHAGERL Music GmbH ab. SCHAGERL Music GmbH accepts this assignment.


§8 Applicable law, place of fulfilment and place of jurisdiction

1. To the contractual relationship, the law of Austria applies to the exclusion of the
UN Convention on Contracts for the International Sale of Goods.

2. Place of fulfilment for all benefits resulting from the business relationship with SCHAGERL Music GmbH is 3240 Mank.

3. Exclusive place of jurisdiction for all claims against SCHAGERL Music GmbH is 3100 St. Pölten. This also applies to suits brought by SCHAGERL Music GmbH against customers provided the customer is a company, a body corporate organised under public law or a funds under public law.


§9 Disclaimer

1. Offers in our online shop
All offers in our online shop are non-binding and without obligation. SCHAGERL Mu-sic GmbH is entitled to change its online assortment at any time and without prior notice. Errors in prices are excepted.
SCHAGERL Music GmbH is not liable for the up-to-dateness, correctness or com-pleteness of information put online. Damage claims are excluded in this connection.

2. References and links
Links that lead to information outside of the homepage of SCHAGERL Music GmbH are not in the responsibility of SCHAGERL Music GmbH. SCHAGERL Music GmbH is thus not liable for such content if and when it has not known of any illegal actions or information or could not notice this circumstance and deletes the link in due time as soon as the illegality becomes know it. At the time of setting the links no illegal contents could be noticed by SCHAGERL Music GmbH.
Operators of home pages that do not accept links by SCHAGERL Music GmbH are asked to notify us thereof.

3. Intellectual property rights
SCHAGERL Music GmbH seeks to pay attention to all intellectual property rights re-lating to graphics, audio clips, video sequences and texts and to use graphics, audio clips, video sequences and texts generated by itself or to resort to public domain graphics, audio clips, video sequences and texts. All brand and trade marks dis-played in our online shop and protected for third parties if any are subject to the intel-lectual property rights of their respective owners. Only because of nomination it must not be concluded that such trade marks are not protected for third parties.
The copyright for publicized documents generated by SCHAGERL Music GmbH stays with SCHAGERL Music GmbH. Duplication or usage of graphics, audio clips, video sequences and texts in other electronic or printed publications is not admissible without explicit consent of SCHAGERL Music GmbH.
SCHAGERL Music GmbH does not accept the usage of photographs available on the home page.

4. Protection of data
The entering of date is voluntary. Data is only used for purposes of SCHAGERL Mu-
sic GmbH.
The usage of contact data of SCHAGERL Music GmbH like geographical addresses, telephone and fax numbers or e-mail addresses by third parties is not admissible un-less information has explicitly been asked for. In case of violation SCHAGERL Music GmbH reserves the right to take legal steps against the addresser of spam mail.

5. Effectiveness of this disclaimer
This disclaimer is part of our internet services from which we refer to these standard business conditions.


§10 Miscellaneous

If some of the provisions included herein are, for whatever reason, not applicable, this does not influence the validity of other provisions. It is to be assumed that the contract parties would have chosen another – effective – provision which comes next to what the parties intended to agree on.


§11 Entry into force, recall

These standard business conditions have entered into force on 12 September 2012 and substitute the standard business conditions applicable prior to this date.
These standard business conditions may be recalled on our home page schagerl.com and may be saved as a pdf document. Prior to your order you will be asked to accept our standard business conditions. Without acceptance of our stand-ard business conditions orders cannot be posted.
Deutsch Englisch
© 2011 SCHAGERL Music GmbH | Hörsdorf 7, 3240 Mank, Austria | Tel +43 (0)2755 2302 -0 | Fax DW -5 | E-Mail webshop@schagerl.com | www.schagerl.com
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