General Terms And Conditions
Terms and Conditions (GTC)
Our terms and conditions apply exclusively. Conditions of the customer that deviate from our sales conditions are not valid. As far as legally permissible, these terms and conditions apply to all of our services, including consulting services.
2. Conclusion of the contract
The customer's order, regardless of which medium he uses, is a binding offer. The music store PH-MUSIC can choose to accept this offer within a reasonable time by sending an order confirmation or by sending the ordered goods to the customer within this period.
Unless otherwise stated in the order confirmation, our prices apply from 8561 Söding-St. Johann. The prices for end consumers are subject to change and include the currently applicable Austrian sales tax. The prices for commercial customers are net prices plus the applicable sales tax. The music store PH-MUSIC reserves the right to increase the prices for contracts with an agreed delivery time of more than four months in accordance with the cost increases due to collective agreements or material price increases. If the increase is more than 5% of the agreed price, the customer has the right to terminate the contract. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the music house PH-MUSIC.
see delivery and shipping costs
5. Terms of delivery and payment
The music store PH-MUSIC will endeavor to carry out the delivery immediately after the conclusion of the contract. Unless expressly agreed otherwise, the music store PH-MUSIC is entitled to make partial deliveries. If the delivery cannot be carried out immediately, the music store PH-MUSIC will specify a delivery period. The music store PH-MUSIC is not in default if this specified delivery period is exceeded by 18 days. This period is extended accordingly in the event of force majeure, industrial action, official measures and other unforeseen events that cannot be avoided despite reasonable precautionary measures. If it turns out within this additional delivery period that the delivery is impossible or unreasonable for the music store PH-MUSIC, the music store PH-MUSIC is entitled to withdraw from the contract. In this case, claims for damages are mutually excluded. The customer has the option of paying in advance, by invoice (only applies to regular customers), PayPal (up to a maximum order value of EUR 1,000) or cash. If the customer has chosen to pay on account, a deposit of 20% of the sales price is due immediately after the conclusion of the contract for products over 500 euros. If the customer chooses to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract. The order will only be processed after receipt of payment; the customer will then receive a written notification.
If there is a defect for which the PH-MUSIC music store is responsible, the PH-MUSIC music store is entitled to either rectify the defect or deliver a replacement, as it chooses. In the event of a defect, the music store PH-MUSIC is obliged to bear all applications necessary for the purpose of eliminating the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item is moved to a location other than Place of fulfillment was brought.
In the case of mail order business, the recipient is obliged to deliver the goods to the registered office of the music store PH-MUSIC - 8561 Söding-St. To send Johann. The music house PH-MUSIC bears the risk and the costs of returning the goods to the customer if the complaint was justified. If the removal of the defect fails, or if the music store PH-MUSIC is not ready or unable to remove the defect or a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which the music store PH-MUSIC is responsible, the customer is entitled to withdraw from the contract or to request a reduction in the purchase price. Any further claims by the purchaser, in particular claims for damages including lost profit or due to other financial losses of the purchaser, are excluded. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. It also does not apply if the customer makes claims for damages due to the lack of a guaranteed property. If an essential contractual obligation is negligently violated, the liability of the music house PH-MUSIC is limited to the foreseeable damage.
The warranty period is 6 months from the handover of the purchased item (exceptions exist in the case of direct product information from the manufacturer himself, which are listed in the offer). The same period also applies to claims for consequential damage caused by a defect, provided that no claims are asserted from tortious acts.
7. Return of goods
Goods can only be taken back if the right of return was agreed in writing when the contract was concluded. Regardless of this, the PH-MUSIC music store is only obliged to take back if the goods and the original packaging are in perfect condition and the return is carriage paid to the PH-MUSIC music store in 8561 Söding-St. Johann takes place. If goods are returned without a previous return agreement, the music store PH-MUSIC reserves the right to refuse acceptance.
The conclusion of a take-back agreement is generally excluded for goods that were manufactured at the special request of the customer or that were expressly ordered for the customer after the conclusion of the contract by the music store PH-MUSIC because they are not in stock. The music store PH-MUSIC has to inform the customer of this fact. If such a notice is omitted, the customer can assume that the goods are in stock.
Certain items are not taken back for reasons of hygiene (e.g. mouthpieces, game papers, bite discs, etc.) or for reasons of duplication (e.g. sheet music). The customer's right of return ends 10 days after the goods have been taken over. In the case of lawful exercise of the right of return, the customer has to assume the costs and risk of the shipping there and back. In the case of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If the customer is unable to return or surrender the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, PH-Music must, if necessary, provide compensation for the value.
For the deterioration of the item, the customer only has to pay compensation if the deterioration can be traced back to a handling of the item by PH-Music, which goes beyond the examination of the properties and the functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. In addition, the customer can avoid the obligation to pay compensation for a deterioration caused by PH-Music for the intended use of the item by not using the item as if it were his property and by refraining from anything that could impair its value.
8. Retention of title
The music store PH-MUSIC retains ownership of all purchased items until full payments from the contract have been received. If the customer acts in breach of contract, the music store PH-MUSIC is entitled to take back the goods. Withdrawal or attachment of the reserved item constitutes a withdrawal from the contract. In the event of seizure or other interventions by third parties, the customer must immediately notify the music store PH-MUSIC in writing. Any processing or transformation of the purchased item by the customer is always carried out for Musikhaus PH-MUSIC. If the purchased item is processed with other items that do not belong to Musikhaus PH-MUSIC, Musikhaus PH-MUSIC acquires co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing.
9. Place of performance
The place of performance for all services from the contractual relationship is 8561 Söding-St. Johann as the seller's place of business.
General terms and conditions as of 2017. The terms and conditions have been translated from German into English.