1. Scope of Application
1.1. These General Terms and Conditions (GTC) shall apply to all deliveries effected and services rendered by hacklmusic on the basis of orders placed in the Internet Shop of hacklmusic. Supplementary or deviating terms and conditions of the customer shall require the explicit written and duly signed acknowledgement of hacklmusic in order to be valid.
2. Conclusion of Contract
2.1. All offers of hacklmusic shall be non-binding and are to be understood as an invitation to the customer to submit an offer himself (henceforth referred to as the order). hacklmusic shall be entitled to accept also parts of such orders.
2.2. Placing of an order will only be possible if all obligatory fields of the online order form (marked with an asterisk) have been correctly completed. Prior to sending the order the customer will receive a summary of the order including prices. The summary can still be corrected by the customer. Receipt of the order by hacklmusic will be acknowledged by an automatically generated e-mail to the e-mail address named by the customer, which shall, however, not constitute an acceptance of the order. Orders will only be received by hacklmusic during normal business hours (Monday to Friday from 9 a.m. to 12 a.m. and 2.p.m. to 6 p.m. and Saturday from 9 a.m. to 12 a.m. excluding Austrian public holidays). If orders are received outside business hours, they shall be deemed received at the beginning of the business hours of the next working day. The customer shall be obliged to ensure proper acceptance of the goods ordered.
2.3. The contract regarding the customer’s order shall be concluded upon acceptance of the order by hacklmusic, i.e. by sending an order acknowledgement via e-mail to the e-mail address named by the customer. The order acknowledgement will contain an order number, which the customer shall state when further corresponding with hacklmusic.
The content of the contract, customer service and processing of complaints shall be offered in German and English language.
4. Right of Rescission of Distance Sales
4.2. In case of a rescission the purchase price shall be reimbursed only concurrently against return of the goods delivered to the customer. The goods must be in their original packaging, unused and in a condition in which they can be resold as new. Returns shall be made to hacklmusic, Archengasse 11, 6130 Schwaz, Austria. The cost of returning the goods shall be borne by the customer.
4.3. Goods that are impaired by traces of use or otherwise damaged may not be returned. The same applies if accessories (including the original packaging) are missing upon return of the goods.
5.1. All prices shall be gross prices inclusive of statutory VAT.
6. Delivery and Delivery Period
6.1. Shipping via Austrian Post AG shall be at the risk and cost of the customer to the delivery address named by the customer in the order. If the address information provided by the customer is incorrect, incomplete or unclear, any costs resulting there from shall be borne by the customer.
6.2. Delivery dates shall be non-binding. If hacklmusic - for example due to non-availability of the goods - should be unable to accept an order, hacklmusic shall immediately inform the customer respectively.
6.3. Any and all unforeseeable circumstances or circumstances independent from the parties' intent, such as e.g. all cases of Force Majeure and similar events as well as delays in deliveries from sub-suppliers for whatsoever reasons, shall extend the delivery period for the duration of such impediment.
7. Terms of Payment
7.1. The customer shall pay the purchase price as prepayment or cash on delivery.
7.2. The goods ordered will only be shipped to the address named by the customer if the whole purchase price is payed by the customer.
8. Notice of Defects, Warranty, Damages
8.1. Defects shall be notified to hacklmusic upon delivery or when they become visible, although no detrimental legal consequences will occur for a customer who is a consumer as defined by the KSchG if he fails to do so. If a customer is an entrepreneur as defined by the KSchG, he shall notify defects that can be identified in the course of a proper inspection of the goods upon delivery in writing with detailed information on the defect immediately after receipt of the goods; otherwise the goods shall be deemed accepted.
8.2. If a notification of a defect is justified, hacklmusic shall be entitled to remedy the defect in particular by substitute delivery (replacement). If the remedying of defects fails or if hacklmusic is unable to effect a substitute delivery, the customer shall be entitled to cancel the contract. Vis-à-vis customers who are consumers as defined by the KSchG, the statutory provisions on warranty shall apply.
8.3. hacklmusic shall only be liable for damages caused by wilful intent or gross negligence, except in case of personal injury. Compensation for consequential damages and compensation for mere financial losses shall be excluded vis-à-vis entrepreneurs as defined by the KSchG. The person harmed shall have to prove slight or gross negligence unless the transaction was concluded with a consumer as defined by the KSchG.
9. Retention of Title
hacklmusic shall retain title to goods delivered until full payment of the purchase price including all additional costs.
10. Data Protection, Advertising
10.1. The staff of hacklmusic is subject to the secrecy obligations of the Austrian Data Protection Act.
10.2. The customer acknowledges that the customer data stated in the contract may be stored and processed for purposes of book-keeping and customer records. The data shall be used for compliance with statutory provisions, contractual obligations and for carrying out payment transactions. Contracting parties of hacklmusic are instructed about these data protection provisions and obliged accordingly.
10.3. The customer agrees that the customer data stated in the contract may be used for marketing activities exclusively by hacklmusic for the purpose of further developing the services offered and caring for the customer in an optimal way. The customer may revoke such consent at any time. The customer further consents that hacklmusic may contact him for advertising purposes via e-mail to the e-mail address named in the order. Such consent may be revoked at any time. Receiving of messages via e-mail may be refused free of charge at any time.
11. Applicable Law, Venue
The legal relationship with the customer shall exclusively be governed by Austrian substantive law with the exclusion of UN Sales Law. Disputes arising out of the contract concluded with the customer or the General Terms and Conditions underlying the contract shall, depending on the jurisdiction over the subject-matter, be exclusively settled by the District Court Innsbruck or the Provincial Court Innsbruck. If the customer is a consumer as defined by the KSchG, the court in whose district the customer's domicile, habitual residence or place of employment is situated shall have jurisdiction. The place of performance shall be hacklmusic's registered office at 6020 Innsbruck, Austria.
12.1. If provisions of these GTC should be ineffective in whole or in part due to compulsory statutory provisions, the remaining provisions of these GTC shall continue to be effective without change. The parties undertake to agree without delay on a new effective provision which shall come as close as possible to the economic purpose of the ineffective provision.
12.2. The customer shall be obliged to inform hacklmusic about any changes of his name, address and/or domicile in writing without delay; otherwise he shall be obliged to reimburse damages. If he fails to notify such changes, any written communication to the customer's address most recently named shall be deemed to fulfil the requirements of an effective service. Any transfer of rights under the contract concluded with hacklmusic to third parties shall require the written consent of hacklmusic.