General Terms and Conditions (GTC)

1. General
Version of the GTC: January 2026

1.1 These General Terms and Conditions ("GTC") apply to orders, sales and deliveries of products ("Products") offered and sold in this online shop ("Webshop") via the website www.phmusicshop.at.

1.2 The contract language is German.

2. Scope

2.1 These GTC apply where the purchaser is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) ("Customer").

3. Amendments to the GTC

3.1 The Provider reserves the right to amend these GTC. The version valid at the time of the conclusion of the purchase contract shall apply.

4. Customer Account

4.1 The Customer may create a customer account in the Webshop in order to order Products. Creating a customer account requires the Customer to provide certain information. Orders may also be placed without creating a customer account.

5. Order, Order Confirmation, Shipping Confirmation

5.1 The ordering process consists of the following steps:
• Selection of the desired goods
• Adding the goods to the shopping cart
• Entering personal data
• Selecting the payment method and delivery method
• Reviewing and, if necessary, correcting the order
• Submitting the binding order by clicking the button “Order with obligation to pay”

5.2 The Products and prices displayed in the Webshop constitute an invitation to the Customer to submit a binding offer to purchase the Products ("Order"). By clicking the button labelled “Order with obligation to pay” or any equivalent wording, the Customer submits a binding Order to the Provider. Images and drawings of the Products are approximate representations unless expressly specified as exact values. Minor and objectively justified changes are accepted by the Customer.

5.3 The Provider shall promptly send an acknowledgement to the email address provided by the Customer confirming receipt of the Order ("Order Confirmation"). The Order Confirmation does not constitute acceptance of the Order; it merely confirms receipt.

5.4 Acceptance of the Order shall occur, depending on the selected payment method, at different times and in different forms:
• By sending an order confirmation via email, whereby the time of receipt by the Customer is decisive.
• By dispatching the ordered goods to the Customer; any shipping confirmation shall be deemed an order confirmation. If no separate shipping confirmation is sent, receipt of the goods by the Customer shall be decisive.
• By sending a payment request.

5.5 The Customer must ensure that all information provided during the ordering process, particularly shipping information, is accurate, correct and up to date. The Customer must promptly notify the Provider of any changes.

5.6 The Provider shall issue an electronic invoice following conclusion of the contract. The Customer agrees to receive electronic invoices.

6. Payment Terms

6.1 All prices are stated in Euro and include VAT, but exclude shipping costs unless otherwise stated. Shipping costs are displayed before the Order is placed.

6.2 Payment may be made by credit card, advance payment, Apple Pay, instant bank transfer, Google Pay, invoice, or EPS.

6.3 Shipping costs depend on the Order and are displayed before the Order is placed and in the Order Confirmation.

7. Delivery

7.1 The delivery methods specified in the Webshop are available to the Customer.

7.2 Delivery times stated by the Provider are based on information provided by the shipping service provider. Unless otherwise specified for a Product, delivery shall take place within a maximum of 30 days from conclusion of the contract.

7.3 If delivery deadlines cannot be met due to force majeure, labour disputes, or other events beyond the Provider’s control, the delivery period shall be extended accordingly. The Provider shall inform the Customer of the beginning and end of such circumstances as soon as reasonably possible.

7.4 If the Customer is in default of acceptance of the Products, the warranty period shall commence.

7.5 If the Customer chooses to collect the goods personally, the Provider shall notify the Customer by email once the goods are ready for collection. Collection can then take place by arrangement at the Provider’s premises. No shipping costs apply in the case of self-collection.

8. Retention of Title

8.1 The Provider retains ownership of the Products until full payment of the purchase price and all ancillary costs (particularly shipping costs) has been received.

9. Delay by the Provider

9.1 If the Provider is in default of performance, the Customer must first grant the Provider a reasonable grace period of two weeks. If the Provider does not perform within this period, the Customer may withdraw from the contract or continue to demand performance.

10. Warranty

10.1 PH-Music, owned by Johannes Plenk, provides warranty in accordance with statutory provisions. For complaints, please contact tanja.groenke@ph-music.at.

10.2 The Provider may require the Customer, where reasonable, to send the defective Products to the Provider. The Provider shall bear the risk of transport and the costs of return shipment. Customers are requested to report any obvious transport damage to the delivery service and inform the Provider. Failure to do so shall not affect the Customer’s statutory warranty rights.

11. Liability and Damages

11.1 Liability for damages caused by slight negligence is excluded, except for personal injury and breaches of essential contractual obligations. Liability is also excluded for pure financial losses, loss of profit, third-party damages, indirect damages and consequential damages. These limitations do not apply in cases of gross negligence or intent.

12. General Provisions

12.1 Unless Austrian law applies in any event due to the orientation of the Webshop towards Austria, Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

12.3 The Customer may offset claims against the Provider only if such claims are legally connected with the Provider’s claims, have been acknowledged by the Provider, or have been established by a court.

12.4 The Customer is obliged to notify the Provider of any change of address. If the Customer fails to do so, any declaration sent to the last address provided by the Customer shall nevertheless be deemed received.

Withdrawal Policy / Right of Withdrawal

Withdrawal Policy

Right of Cancellation / Right of Withdrawal

The Austrian term “Right of Cancellation” corresponds to the term “Right of Withdrawal” commonly used in Germany and in the Consumer Rights Directive. Therefore, we use the equivalent term pair “Right of Withdrawal (Right of Cancellation)”. In this withdrawal policy, only the term “Right of Withdrawal” is used. This term is equivalent to the Austrian term “Right of Cancellation”.

No Right of Withdrawal

There is no right of withdrawal for goods that are manufactured according to customer specifications, individually configured, personalized, or expressly produced at the customer's request.

This applies in particular to instruments or accessories with individually selected features, special finishes, custom engravings, customer-specific configurations, or any other deviations from the regular product range and stock program.

The exclusion of the right of withdrawal applies exclusively to products that have been manufactured or modified based on the customer's individual requirements. Statutory warranty rights remain unaffected.

There is no right of withdrawal for goods that are liable to deteriorate rapidly or whose expiration date would be exceeded quickly.

There is no right of withdrawal for newspapers, magazines, or illustrated publications, with the exception of subscription contracts.

Expiry of the Right of Withdrawal

The right of withdrawal expires for sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of withdrawal expires for audio or video recordings such as CDs, DVDs, etc., and for computer software supplied in sealed packaging if the seal has been removed after delivery.

The right of withdrawal expires for goods which, after delivery, have been inseparably mixed with other goods due to their nature.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last item of goods.

To exercise your right of withdrawal, you must inform us:

PH-Music, Owner Johannes Plenk
Alte Bundesstraße 56
8561 Söding-St. Johann
Austria
Phone: +43 3137 200 11
Email: tanja.groenke@ph-music.at

by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory.

You may also exercise your right of withdrawal online at:
https://phmusicshop.at/Online-Widerrufsformular

If you use this online option, we will promptly provide confirmation of receipt of your withdrawal on a durable medium (e.g. by email), including the content of the withdrawal declaration and the date and time of receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

We will use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier.

You shall send back the goods or hand them over to:

PH-Music, Owner Johannes Plenk
Alte Bundesstraße 56
8561 Söding-St. Johann
Austria

without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of fourteen days has expired.

We bear the costs of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.