General Terms and Conditions
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General Terms and Conditions
with customer information
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Table of contents
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1) Scope of application
2) Conclusion of contract
3) Right of withdrawal
4) Prices and terms of payment
5) Delivery and shipping conditions
6) Retention of title
7) Liability for defects (warranty)
8) Liability
9) Special conditions for the processing of goods according to specific customer specifications
10) Redemption of gift vouchers
11) Applicable law
12) Place of jurisdiction
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company piano.art e.U. (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. Online store goods shown closes. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter "digital products"), which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.
1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.6 The contract language is German.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart - button "Add to cart" - and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button "Order with obligation to pay", which concludes the ordering process. The seller then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your Klavierhaus Pianoart order" by e-mail, in which the customer's order is listed again and which the customer can print out by clicking "Print". The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the contractual offer. The language for the ordering process and the conclusion of the contract is German.
2.3 The seller may accept the customer's offer within five days,
- by offering the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
The seller reserves the right not to provide the promised service if it transpires after conclusion of the contract that the goods are not available, although a corresponding obligatory transaction has been concluded. In this case, the customer shall be informed immediately. Any payments already made will be refunded immediately. Further claims against the seller are excluded.
2.4 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.5 Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the "Order with obligation to pay" button, which concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that that the e-mail address provided by him/her for order processing is correctso that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are cash prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online store under "Prices and payment" and on the "Checkout" page.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract.
4.4 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe can be found on the Internet at https://stripe.com/de available.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision in the seller's revocation instructions shall apply to the return costs.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged. All acoustic and hybrid upright and grand pianos are excluded from collection.
5.7 Vouchers are provided to the customer as follows: By e-mail or post
6) Retention of title
6.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 If the customer acts as an entrepreneur, the following shall continue to apply:
If the delivered goods are processed, the seller is deemed to be the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If, in the case of the combination or mixing of the seller's goods with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall be transferred to the seller in the ratio of the invoice value of the seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In such cases, the customer shall be deemed to be the custodian.
The customer may neither pledge nor assign by way of security items subject to retention of title or title reservation. The customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The seller's right to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
The customer must immediately notify the seller of any access to the goods owned or co-owned by the seller or to the assigned claims. He must immediately transfer to the seller any amounts assigned to the seller and collected by him, insofar as the seller's claim is due.
If the value of the Seller's security interests exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding portion of the security interests at the Customer's request.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- rights and claims for defects are excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.3 The aforementioned limitations of liability and shortening of time limits do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 Minor deviations from the illustrations and descriptions of the products are possible and are not considered defects (e.g. illustration of the wood tone color)
7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
7.7 Extended warranty for acoustic upright and grand pianos
The statutory claims apply to all defects occurring during the statutory warranty period. Irrespective of this, manufacturers may grant their own warranty for their products, about which the buyer is informed in the seller's product descriptions. The conditions of the manufacturer's warranty apply.
If a "Pianoart Klavierhaus guarantee" has been agreed in addition to the manufacturer's guarantee or for used instruments, this shall be valid in accordance with the information in the order confirmation and only in combination with a guarantee agreement issued by the manufacturer or seller and if the care and guarantee instructions stated therein are complied with and if these are demonstrably attributable to a material or manufacturing defect. The guarantee expires in the event of non-compliance with the care and guarantee instructions and if unqualified third-party intervention is detected.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 Any further liability of the seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
8.5 The provisions of the Product Liability Act remain unaffected.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, in addition to the delivery of goods, the Seller is also responsible for processing the goods in accordance with the Customer's specifications, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can be redeemed in the store for goods and services and the piano school on site and in the seller's online store, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Several gift vouchers can be redeemed with one order.
10.5 Gift vouchers can only be used for the purchase of goods and services and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
11) Applicable law
The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.