Terms of service

Hier ist die professionelle Übersetzung Ihrer Allgemeinen Geschäftsbedingungen ins Englische, exakt angepasst an die rechtlichen Begrifflichkeiten (insbesondere für den österreichischen Rechtsraum wie KSchG, UGB und ABGB).

General Terms and Conditions (GTC)

Danys Music Shop – Owner: Daniel Pscharzer

§ 1 Scope and Definitions of Terms

(1) These General Terms and Conditions apply to all deliveries between us and a customer in the version valid at the time of the order.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 1 KSchG - Austrian Consumer Protection Act).

(3) An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

(4) Vis-à-vis entrepreneurs, these GTC shall also apply to future business relations without us having to refer to them again. Deviating conditions of the entrepreneur are not recognized unless we expressly agree to their validity in writing.

§ 2 Conclusion of Contract and Storage of the Contract Text

(1) The presentation of goods in our online shop at https://www.danysmusicshop.at/ does not constitute a legally binding contract offer, but is a non-binding invitation for the customer to order goods.

(2) By placing an order, the customer submits a binding offer to conclude a purchase contract.

(3) The contract is concluded with: Danys Music Shop, Daniel Pscharzer, Trattengasse 6, A-9500 Villach.

(4) The customer submits a binding offer by going through the ordering process (shopping cart, entering data, choosing the payment method) and clicking the button "Place binding order" (or "Order with obligation to pay").

(5) We confirm receipt immediately by an automatic email ("Order Confirmation"). With this email, we accept your offer.

(6) The contract text is stored. The order details and GTC will be sent to you via email.

§ 3 Prices, Shipping Costs, and Payment

(1) The prices stated are final prices. They include the statutory value-added tax (VAT). Any shipping costs are added separately.

(2) B2B Special Provision (EU): For deliveries to entrepreneurs located in other EU countries, invoicing is net (tax-free), provided a valid VAT identification number (VAT ID) is provided (Reverse Charge System).

(3) The payment methods specified in the shop are available to the customer (e.g., payment in advance, PayPal, credit card).

(4) In the event of default of payment, we are entitled to charge statutory default interest. For consumers, this rate is 4%. For entrepreneurs, the statutory default interest rate for bilateral business transactions applies (9.2% above the base interest rate).

§ 4 Delivery and Transfer of Risk

(1) Unless otherwise stated, delivery will take place within 5 business days.

(2) Transfer of Risk B2C: In the case of consumers, the risk of loss of or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by them (who is not the carrier).

(3) Transfer of Risk B2B: In the case of entrepreneurs, the risk passes to the buyer upon hand-over of the goods to the carrier (freight forwarding company, postal service, parcel service) (sale by dispatch).

§ 5 Retention of Title

(1) We retain ownership of the goods until full payment of the purchase price has been made.

(2) Vis-à-vis entrepreneurs, the extended retention of title applies to all claims arising from the ongoing business relationship.

§ 6 Right of Withdrawal (ONLY for Consumers)

Consumers have a statutory right of withdrawal of 14 days.

Cancellation Policy:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period begins on the day on which you or a third party named by you took possession of the goods. To exercise your right of withdrawal, you must inform us (Danys Music Shop, Trattengasse 6, 9500 Villach, office@danysmusicshop.at) by means of a clear statement.

Specific Exclusion:

The right of withdrawal does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons (e.g., wind instruments, in-ear monitoring) if their seal has been removed after delivery.

Note: Entrepreneurs are not granted a voluntary right of withdrawal.

§ 7 Warranty and Notice of Defects

(1) The statutory warranty provisions apply. The warranty period for consumers is 24 months.

(2) Special Provision B2B:

• Entrepreneurs must inspect the goods immediately upon receipt and report any defects in writing within 7 days (§ 377 UGB - Austrian Commercial Code). Otherwise, the goods shall be deemed approved.

• The warranty period for entrepreneurs is limited to 12 months.

• The existence of a defect at the time of hand-over must be proven by the entrepreneur (the reversal of the burden of proof pursuant to § 924 ABGB - Austrian Civil Code is excluded).

§ 8 Limitation of Liability

We have unlimited liability for damages resulting from injury to life, body, or health. For other damages, we are only liable in cases of gross negligence or intent. Vis-à-vis entrepreneurs, liability for lost profits or consequential damages is excluded.

§ 9 Choice of Law and Jurisdiction

(1) Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(3) The place of performance and place of jurisdiction for all disputes with entrepreneurs is the registered office of our company in Villach.

§ 10 Final Provisions

Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.

Status of the GTC: May 202