Terms and conditions

TERMS AND CONDITIONS of the Kärntnerland-Shop

Valid from 1.1.2005

1. Imprint

The company SCHWARZ GMBH operates the virtual shop www.kaerntnerland.at

Kärntnerland Harmonica

SCHWARZ GMBH

Waldeggstraße 1

4591 Molln

AUSTRIA

Phone: +43 (0) 7584/24070

Information, data and complaints: office@kaerntnerland.at

UID: ATU75354215

Member of the WKO, section Musical instrument production

right of withdrawal: 14 days from receipt of goods or for services from order date

Warranty: according to the law provisions (24 months)

Place of fulfillment and place of jurisdiction: Company headquarters

Supervisory authority: Bezirksgericht Steyr

Legal regulations: Trade regulations

Trade description: harmonica producer, Jaw's harp producer, trade according to § 124 number 11 industrial Code 1994

Media owner, publisher, managing director: KARL SCHWARZ

Adress, postcode, city: see above address

Company object: musical instrument

 

2. General

The General Terms and conditions apply to the sale and delivery of goods by SCHWARZ GMBH. Deviating terms and conditions of the buyer are only valid if we have agreed to them in writing or by the company. By placing an order, the buyer agrees to these terms and conditions and is bound by them.

Our offer is not binding. The customer's order constitutes an offer to conclude a purchase contract. The subsequent confirmation of the receipt of the order and any subsequent status reports does not constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods and to the costumer confirm the shipment.

A description regarding the purchase in our shop can be found:

http://www.kaerntnerland.at

 

3. Offer and conclusion of contract

Our offers are non-binding. The contract shall only be deemed concluded upon submission of a written order confirmation or actual fulfillment by us. By signing the orderer or sending the online order, the order is binding. All orders, agreements, additions, amendments and side agreements, including telephone, are only binding for us if they have been confirmed by us in writing, unless in individual cases an order was tacitly executed.

 

4. Contract language

The Content of the contract, all other Information, customer service, data information and complaint handling are offered throughout in the German language or on request in English.

 

5. Prices

Unless otherwise stated, all prices are understood as daily gross prices "ex works" including the legal value added tax plus all expenses incurred with the shipment. Should export or import duties be due in the course of shipment, these shall also be borne by the customer.

Sales to customer outside the EC will not be subject to sales tax but will have to pay the applicable national import duties. In the case of sales to entrepreneurs within the EC, no Austrian VAT is payable on proof of the UID, the latter must pay the sales tax in their home state.

Our prices according to the respectively valid price lists as well as all our price offers are without engagement and are ex works Molln. All prices are inclusive of VAT valid at the time of invoicing. Payments by the purchaser or customer are redeemed on the oldest liability. Other dedications of the buyer do not apply. The prices are based on the current costs of materials, energy, transport, external work, financing and wages. Should these cost components change, we reserve the right to make corrections to corporate customers at the time of delivery. A possible cost estimate is made according to the best of our knowledge, however, no guarantee can be given for the correctness, in particular deviations +/- 15% can be tolerated. Quotations are for a fee. A fee paid for the estimate will be credited if an order is placed on the basis of this estimate.

Payment must be made in euros.

6. Right of withdrawal

Customers who are consumers within the meaning of the KSchG can withdraw from contract concluded by distance selling (or distance contract) within a period of fourteen working days. The cancellation period Begins from receipt of the delivery of the ordered goods, whereby saturdays do not count as working days. The resignation requires the legal form of writing. He is not responsible if the private customer himself has initiated the Business connection with us, if the conclusion of the contract was not preceded by a discussion with us or the agreed remuneration does not exceed € 15,-. condition for this is that the goods are in unused and as new resellable condition and if possible in the original packaging is sent back. The costs of the return are at the expense of the costumer (if the customer lives in Austria). For German consumers, the following rules apply to the return within the withdrawal period of 14 days: From an order value of € 40,-, we assume the cost of the return, including the customer has to pay the shipping Costs.

For items that are affected by signs of use or whose packaging is damaged, we will charge an appropriate fee for the impairment. 
The same applies if the return of the goods accessories (such as manuals, driver CDs, software, etc. …) is missing.

A right of withdrawal does not exist for audio or video recordings (for exmaple CDs, videocassettes, DVDs, …) or software that has been unsealed by the costumer, nor for services that have been transmitted online (for example software for download).

For items that are affected by signs of use or whose packaging is damaged, we will collect an appropriate fee for the impairment. The same applies if the return of the goods accessories or parts missing. If a customer withdraws from the order without a right of withdrawal, the contract must be adhered to at our discrétion or a cancellation fee of 30% of the agreed purchase price must be paid to the seller!

 

7. Delivery

Service content/delivery: SCHWARZ GMBH reserves the right to change the content of www.kaerntnerland.at at any time. The prices for the deliveries and services offered by www.kaerntnerland.at do not include costs that are charged by third parties. If not all ordered items are available immediately, the immediately available immediately and further as soon as they are available, re-delivered. Shipping costs will be charged extra. Delivery is by EMS, cash on delivery or Austrian post.

The selling prices do not include costs of delivery and insurance. Transport is always at the risk and expense of the purchaser ex works Molln to the delivery address specified by the purchaser, other agreements are only valid with written confirmation from Karl Schwarz. The Risk shall pass to the customer as soon as the delivery has been handed over to the consignor by Karl Schwarz or one of his agents, even if partial deliveries are made. Information about the delivery period is not binding, we do not cover transport insurance. Transfer bases are exclusively the quantities determined at the place of dispatch.

 

8. Delivery times

The delivery normally takes place within 6 working days from the order confirmation, but in any case within the statutory delivery period of 30 days from the order date.

In the unlikely event that the delivery is delayed, we will contact the customer immediately after the delay becomes known, but before the 30-day deadline, and obtain his consent to subsequent delivery. If the customer does not agree, he is entitled to withdraw from the contract.

 

9. Shipping costs

The shipping Costs, please refer directly to the order in the shop the form.

 

10. Terms of payment/reminder fees

www.kaerntnerland.at offers ist customers maximum conveniece when Shopping and paying. Payment by credit Card (worldwide) is possible. We accept Eurocard/MasterCard and Visa as well as cash on delivery and payment on account with payment slip upon receipt.

For credit Card payments, state-of-the-art encrypted Transmission - SSL encryption - is enabled, protecting your data from unauthorized Access.

The payment will be charged only on the date of the goods Transfer.

www.visa.at, www.mastercard.at

All invoices are payable according to the agreed terms of payment, otherwise immediately upon receipt of the invoice without deduction of our bank account. Bills of exchange are only accepted upon agreement. Entrepreneurial customers may neither withhold payment nor assert a set-off because of any complaints not acknowledged by us. In special cases, we reserve the right to make deliveries only against advance payment or cash on delivery. Furhtermore, we are entitled in the event of default, regardless of further claims for compensation interest at the rate of 5% p.A. above the base rate of the Austrian National Bank. In addition, the customer undertakes to reimburse in the event of default the reminder fees incurred by the creditor, including lawyers' fees and those regulated by law, insofar as they are necessary for an appropriate legal action.

 

11. Privacy

Our employees are subject to the confidentiality obligations of the data protection act. Even the mere fact of an exchange of news is subject to secrecy. However, Routing and Domain information must and can be shared.

The customer acknowledges that the use of the data specified in the contract is stored and processed by the customer for the purposes of our accounting and customer records. The data will be used by us to fulfill legal requirements and to process payment transactions.

Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract. Our contractors are instructed and obliged to our privacy policy. 

If you have further questions, please contact the Information office for data protection information, general questions, complaints, etc.: office@kaerntnerland.at

 

12. Packaging

The packaging and the resulting costs are at cost price.

 

13. Notice of defects, warranty, damages/product liability

The warranty is limited from 1.1.2002 to the statutory period of 24 months.

Any defects occurring are - without the customer, the consumer in the sense of the KSchG, in the Event of omission adverse legal consequences would be - if possible to announce on delivery or after becoming visible.

In the case of legitimate defects, either a free replacement or an improvement is made, for which a reasonable period must be granted.

If the purchase is a Commercial Transaction (B2B) for the customer in accordance with § 1 KSchG (377 (1) HGB), he must immediately inspect the goods upon receipt and notify us immediately upon discovery of a defect.

The Company SCHWARZ GMBH is only liable for damages caused by intent and gross negligence, with the exception of damage to persons. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove. The replacement of (defect) consequential damage, as well as other property damage, financial loss and damage of third parties against the customer is excluded.

Schwarz GmbH warrants that the procducts will not be free from defects in our business at the time of shipment or delivery in our store, which may invalidate or diminish its value or suitability for ordinary use. An insignificant reduction in value or fitness is ignored.

The customer must check the goods immediately after receipt of the delivery for completeness or any defects. Notifications of defects must be made immediately, at the latest 3 days after the date of the invoice, and in the case of corporate customers with other exclusion of the warranty claim. In the case of hidden defects, notification must be made immediately after discovery of the hidden defect within the warranty period. The duration of warranty corresponds to the legal regulations.

Any returns will only be accepted if confirmed by us in writing as in short supply. defects in parts of a delivery do not entitle to complain about the total delivery. We are entitled to either substitute for defective deliveries or partial deliveries within a reasonable grace period or to give a credit note in the invoice value of the defective goods, both only against return of the faulty goods. Warranty claims and/or claims for damages which exceed the invoice value of the goods complained of are excluded, unless the damage was caused by us intentionally or through gross negligence. For defects in goods that are not produced by us, we are liable to our corporate customers only insofar as the supplier or manufacturer is liable to us. We are entitled, with alleged warranty claims, to relinquish our claims against the sub-supplier to the corporate customers and in such a case are exempt from any liability. Returns are considered accepted only with our written consent. Manufacturing-related deviations in the material quality do not constitute a reason to complain about the goods.

Schwarz GmbH is not liable for damages that did not occur on the delivery item itself; In particular, Schwarz GmbH is not liable for lost Profits or other pecuniary losses of the customer except in case of intent or gross negligence. A warranty can not be accepted for such defects that are due to improper use or above-average use of the goods by the customer and not for wearing parts. Indirect damage (third party damage) is generally excluded. Insofar as the liability of Schwarz GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

Claims for damages of the client due to default, impossibility of performance, positive breach of contract, fault on conclusion of contract, consequential damage or tort are excluded unless they are based on intent or gross, gross negligence on our part. Excluded is our liability as well as that of our suppliers and suppliers for property damage caused by a fault product suffered by an entrepreneur. The client is obliged to transfer this disclaimer to its customers. Should the customer be claimed from the title of product liability, he waives the assertion of his right of recourse.

Neither data processing systems nor computer software work according to the current state of the art always error-free. As a result, Schwarz GmbH can not technically always guarantee error free operation of online trading. In addition, the imponderables of the internet itself. Schwarz GmbH is therefore not liable for damages that are based on the fact that due to technical defects may not be received by customers or bids submitted by customers. A contract is concluded only with written confirmation of the order or actual fulfillment.

 

14. Retention of title

Goods delivered by us remain our property until complete payment of all our claims arising from the business relationship with the respective recipient. The recipient is not entitled to pledge or otherwise encumber goods subject to retention of title; he is also obliged to inform us immediately of a seizure of the goods or any other measure restricting the freedom of ownership and to Point out our wonership. In the event of default in payment or in the case of any other breach of contract by the recipient, we are entitled at any time to reclaim or collect the goods, subject to retention of title.

 

15. Right-choice, place of jurisdiction and place of performance

If the contracting party is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall apply to this contract.

For disputes arising from the contract, if the contractor is an entrepreneur, our registered office is agreed as the place of jurisdiction. If the contracting party is a consumer, he may bring actions against SCHWARZ GMBH either in Austria or in the courts of the contracting state in whose territory he is domiciled. If the contracting party was domiciled or habitually resident in Austria at the time of conclusion of the contract, actions of the contracting party against SCHWARZ GMBH can only be brought before Austrian courts.

The application of Austrian law is agreed. The application of the UN convention on contracts for the international sale of goods of 11.4.1988 is excluded.

The place of performance for both delivery and payment is the registered office of Schwarz GmbH in A-4591 Molln, Waldeggstraße 1.

Exclusive jurisdiction is Kirchdorf an der Krems or Steyr, as far as the customer is a merchant within the meaning of the HGB or a public corporation, for private customers residing in Austria, the jurisdiction of the local court competent for the domicile of the customer.

16. Place of Performance

Place of fulfillment for all services from the contract is the seat of our company.

 

17. Miscellaneous

A Right of the corporate customer to offsetting or restraint does not exist, unless the claim is undisputed or legally binding. The rights of the customer according to § 1052 ABGB remain untouched.

Should individual provisions of the contract be wholly or partially invalid or lose their lega validity, this shall not affect the validity of the rest of the contract. In this case, they oblige the parties to come closest to the effective economic purpose in place of the invalid provision, taking into account the interests of the parties as expressed in this contract. The same applies if the contract has a gap that was not forseen by the parties.

 

 

18. Conciliation body

We recognize the Internet ombudsman as an out-of-court arbitration board. If you have further questions concerning Dispute resolution, please contact our service: office@kaerntnerland.at or the internet ombudsman at: www.ombudsmann.at .

For consumers resident in germany, the following regulations apply with regard to the right of withdrawal and the obligation to return:

If the customer is a consumer he can revoke the contract within 14 days without giving reasons by letter, e-Mail or fax or by returning of the goods. In order to maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient. The revocation is to be addressed to our company address.

In the case of an effective revocation, the mutually received Benefits and any surrendered Benefits are returned. If the customer is unable to return the goods in whole or in part or only in a deteriorated condition, the customer must pay compensation for the value of the goods. In the case of the release of goods, this does not apply if the Deterioration of the goods is slely due to their examination - as would have been possible in a shop, for example. Incidentally, the customer can avoid the Obligation to pay compensation by not using the goods as an owner and refraining from anything that affects their value. The ordered goods are to be returned to us. In the case of a return from a delivery goods whose order value amounts to a total of € 40,- the customer shall bear the Costs of the return if the delivered goods correspond to those ordered. Otherwise we will pay the Costs of the return. Audio and Video Recordings or Software can only be returned in the sealed state. Software that Comes with Hardware may only be unsealed if the Software is required to test the Hardware.