Standard Business Conditions

PLEASE NOTE THAT THESE STANDARD BUSINESS CONDITIONS REPRESENT A WORKING TRANSLATION OF OUR GERMAN STANDARD BUSINESS CONDITIONS – OFFERED FOR YOUR COMFORT. IN CASE OF DEVIATIONS, ONLY THE GERMAN VERSION IS DECISIVE.

§1 General information

1. For business relationships of any kind between SCHAGERL Music GmbH and the customer the following standard business conditions apply in their respective current version. Deviating provisions or business conditions of the customer are not valid, unless this has been agreed on in writing. Deviations require a written confirmation letter from our side.

2. The depiction of the products in the online shop does not represent a legally binding offer, but only a non-binding presentation of our assortment of goods. An order is only possible if all mandatory fields marked with * in the order form are completed. If information is missing or if SCHAGERL Music GmbH cannot fulfill the order for other reasons, the customer will receive an error message. Before the final submission of the order, the customer will be given the opportunity to correct his order. By clicking the button for posting the order the customer effects a binding order for the products included in the shopping basket. The order can only be posted if the customer confirms that he accepts the standard business conditions. Once the order has been received by SCHAGERL Music GmbH, the customer will be notified of the receipt of his order via the e-mail address he has provided. This notification does not constitute acceptance of the customer's offer. When paying with PayPal, Klarna credit card, Google Pay, Bancontact, Blik, ideal, eps, Giropay and Apple Pay, the purchase contract is concluded by clicking on the “Send order” button. The purchase contractFor all other payment methods, the purchase contract is concluded with our separate order confirmation, which we will send within 2 working days, or delivery of the goods or shipping confirmation by e-mail from us. The text of the contract is saved and the order data and the link to our standard business conditions are sent to the customer by e-mail.

3. SCHAGERL Music GmbH reserves the right not to render services/deliver goods when it becomes known after conclusion of the contract that the product is out of stock despite a corresponding order. In this case, the customer will be informed by e-mail. Consideration already made by the customer, if any, will be returned. Any additional claims against SCHAGERL Music GmbH are hereby explicitly excluded.

4. The contractual language is exclusively German.

5. Consumer within the meaning of these Standard Business Conditions is anyone who concludes a legal transaction for a purpose that serves neither his independent professional nor other commercial activity. An entrepreneur within the meaning of these General Terms and Conditions is any legal person for which the transaction is part of the operation of its business.

§2 Delivery

1. Delivery shall be made to the delivery address specified by the customer. Goods ordered with self-collection are to be collected by the customer at the address Hörsdorf 7, 3240 Mank during our opening hours.

2. The following applies to entrepreneurs: The delivery is made at the customer’s risk. As soon as the goods are handed over to a transport company by SCHAGERL Music GmbH, the risk is transferred to the customer. This also applies to partial deliveries.

3. The following applies to consumers: The passage of risk from the seller to the customer for lost or damaged goods is not effective until the goods were delivered to either the customer himself or a third party specified by the customer. In the event that the customer has entered into a contract of transport (with a carrier) himself, without using one of the delivery options provided to him by the seller, the passage of risk to the customer is already effective as soon as the seller hands over the goods to the carrier.

4. All prices include the statutory VAT, but do not include costs of packaging, insuring and delivering the goods if such arise.

5. Delivery shall be made in accordance with the shipping costs to be agreed in each case. For deliveries to third countries outside Austria (especially to non-EU countries), additional customs duties and fees may be incurred by the customer, which must be borne by the customer.

6. The following applies to entrepreneurs: The customer or his representatives are obligated to examine the goods immediately after receipt in order to find out whether they have been damaged upon transport. Transport damages that are determinable must be reported in writing immediately. In case of damages in packaging the customer is obligated to have such damages confirmed in writing by the transport company upon receipt of goods.

7. The following applies to consumers: Goods with obvious transport damage must be reported by the customer to the carrier as soon as possible and SCHAGERL Music GmbH must be informed immediately. However, failure to do so or delay shall have no effect on the customer's warranty claims and shall only be understood as assistance in enforcing our claims against the carrier.

8. Any information given on delivery terms is non-binding, unless a certain delivery term has explicitly been agreed on in writing.

9. Claims for damages against SCHAGERL Music GmbH due to non-fulfillment or delay are excluded except for cases of deliberate intention or gross negligence.

10. Delivered goods are insured up to a value of EUR 500. In case of a value exceeding EUR 500 an insurance is effected and charged to the customer. The costs of this insurance amount to 0.3% of the value of goods. They are included in the costs of delivery as displayed.

§3 Warranty and compensation for damages

1. SCHAGERL Music GmbH shall be liable for defects within the scope of the statutory provisions.

2. No warranty cover is provided for deficiencies or damages that result from negligent or inappropriate maintenance, improper installation, usage of unsuitable equipment or changes in the original parts by the customer itself or a third person not instructed by SCHAGERL Music GmbH.

3. Likewise, no warranty cover is provided for wear and tear resulting from usage.
4. The following applies to entrepreneurs: Customers are obligated to examine the goods immediately and to notify us in writing of any deficiencies immediately (in the sense of § 377 of the Austrian Company Code), failing which the customers are not entitled to any warranty claims or other claims for such deficiencies. If such a customer accepts the receipt of such goods despite being aware of deficiencies, the customer is only entitled to warranty claims or other claims if he reserves this right explicitly and in writing after receipt of the goods. The warranty period for new goods is one year and the warranty period for used goods six months as of the transfer of risk (according to § 2 section 2 of these standard business conditions).

5. The following applies to consumers: The warranty period for new goods is 24 months. It starts with the transfer of risk. The warranty period for used goods is one year. The warranty period starts with the transfer of risk (according to § 2 section 3 of these standard business conditions).

§4 Guarantee

1. Depending on the specific instrument, SCHAGERL Music GmbH grants a guarantee in respect of new instruments which are made in own production for a period of up to 2 years as of the date of purchase. , which can increase up to 3 years if registering at our online form: LINK

If the customer's instruments are covered by the warranty, a completed warranty certificate will be enclosed with the shipment to the customer. Warranty claims can only be made to SCHAGERL Music GmbH with this warranty certificate and the original invoice.

2. The specific guarantee period is displayed on the certificate of guarantee which is attached to the instrument. If within the guarantee period a deficiency arises upon normal use, SCHAGERL Music GmbH will repair or replace this instrument. The guarantee does not apply to damages of the varnish and not to such deficiencies that arise due to accidents, misusage, unconventional usage, negligence, improper maintenance or care or changes to the instrument. Adverse effects due to transpiration, corrosive environment or other external factors like extreme conditions as regards temperature or humidity are not covered by the guarantee. Even in respect of expensive instruments zinc disease and damages of the varnish occur when they are not maintained sufficiently.

3. Instruments without legible serial numbers are not covered by our guarantee.

4. The customer shall take into account the information for proper maintenance of the instruments as attached to the instruments. Wear and tear of instruments is only covered by the guarantee if such occurs despite proper maintenance and care or as a result of a verifiable deficient manufacture. In case dark spots occur on the borders of bells the guarantee does not apply as these do not represent damages of the varnish. SCHAGERL Music GmbH is available for any questions that regard maintenance.

5. The customer himself has to bear the costs for sending over the instruments to SCHAGERL Music GmbH. SCHAGERL Music GmbH bears the costs of returning the instrument to the customer in guarantee cases. Otherwise, the costs of returning the instrument will be charged to the customer.

6. Consumers are entitled to make use of the guarantee as well as the mandatory warranty rights towards the SCHAGERL Music GmbH. The guarantee does not limit or affect the legal warranty the customer is entitled to in any way.

§5 Payment conditions

1. Invoices of SCHAGERL Music GmbH have to be paid in full immediately - unless otherwise agreed in writing. In case of credit card payment or payment by PayPal, Klarna, Google Pay, Bancontact, Blik, ideal, eps, Giropay and Apple Pay the debit is effected upon the order of goods. Bank fees have to be borne by the customer.

2. The following applies to entrepreneurs: In case of delay of payment an interest rate of 5% above the up-to-date base lending rate is applied to the invoice amount. In case of verifiable damage for delay exceeding the interest amount, SCHAGERL Music GmbH is entitled to claim this damage.

3. The following applies to consumers: If the customer defaults on payment of the purchase price, interest of 8% p.a. shall be charged on the amount of the purchase price during the period of default.

4. The customer shall only be entitled to offset against payment claims of SCHAGERL Music GmbH if and insofar as the customer's counterclaims have been legally established, are undisputed or have been expressly recognized by SCHAGERL Music GmbH.

§6 Revocation right for consumers

Consumers are entitled to withdraw from their contracts made over the online shop of SCHAGERL Music GmbH (except for tickets and bookings of workshops) without reason and without penalty within 14 days. The revocation period is fourteen days with effect from the day,

on which the consumer or a third party nominated by the consumer, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
on which the consumer or a third party nominated by the consumer, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
on which the consumer or a third party nominated by the consumer, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;

Should more than one of these options be applicable, the withdrawal period begins on the day either the consumer or a third party designated by consumer, who is not the carrier, has accepted delivery of the last goods or the last partial consignment or the last item in your order.

In order to exercise your revocation right, you must inform

SCHAGERL Music GmbH
Hörsdorf 7
3240 Mank
Tel. 02755 2302 bzw. +43 27552302
Fax. 02755 2302 bzw. +43 2755 2302 5
E-Mail: musicstore@schagerl.com

of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). In order to comply with the revocation period, it is sufficient that the consumer sends the notification about the exercise of the revocation right before the expiry of the revocation period. The right of withdrawal does not apply to CDs, DVDs etc or to software when unsealed by the customer. Furthermore, this right does not apply to products made to the consumer's specifications or clearly personalized.

Consequences

In case of a lawful withdrawal the benefits already provided have to be returned. If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.

We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.

SCHAGERL Music GmbH
Hörsdorf 7
3240 Mank
Tel. 02755 2302 bzw. +43 27552302
Fax. 02755 2302 bzw. +43 2755 2302 5
E-Mail: musicstore@schagerl.com

immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline. SCHAGERL Music GmbH is entitled to retain an adequate amount for the usage or to deduct the actual loss of value if any. However, SCHAGERL Music GmbH is not entitled to charge for a loss of value which arises from a conventional usage. Compensation for lost value may only be charged when and insofar the customer has used the goods in a way that goes beyond the testing of features and functionality. “Testing of features and functionality” means a testing and trial like it is possible and adequate in a retail store.

The customer bears the direct costs for returning the products.

End of the information about rights of revocation

§7 Reservation of proprietary rights

1. The goods remain property of SCHAGERL Music GmbH until all claims, including incidental claims, existing against the customer have been fully paid by the customer. In case of contracts with consumers the goods remain property of SCHAGERL Music GmbH until the purchasing price has fully been paid.

2. The customer is not entitled to sell the goods to third persons before he fully paid the purchasing price or take other actions that endanger the property of SCHAGERL Music GmbH. The customer assigns all claims against the purchaser in the amount of the purchase price agreed between the customer and SCHAGERL Music GmbH plus accrued interest and incidental claims to SCHAGERL Music GmbH ab. SCHAGERL Music GmbH accepts this assignment.

§8 Applicable law, place of fulfilment and place of jurisdiction

1. To the contractual relationship, the law of Austria applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For customers who are consumers, the law of the customer's place of residence may also be applicable insofar as it concerns mandatory consumer law provisions.

2. Place of fulfilment for all benefits resulting from the business relationship with SCHAGERL Music GmbH is 3240 Mank.

3. Exclusive place of jurisdiction for all claims against SCHAGERL Music GmbH is 3100 St. Pölten. This also applies to suits brought by SCHAGERL Music GmbH against customers provided the customer is a company, a body corporate organised under public law or a funds under public law.

§9 Disclaimer

1. Offers in our online shop All offers in our online shop are non-binding and without obligation. SCHAGERL Music GmbH is entitled to change its online assortment at any time and without prior notice. Errors in prices are excepted. SCHAGERL Music GmbH is not liable for the up-to-dateness, correctness or completeness of information put online. Damage claims are excluded in this connection.

2. References and links Links that lead to information outside of the homepage of SCHAGERL Music GmbH are not in the responsibility of SCHAGERL Music GmbH. SCHAGERL Music GmbH is thus not liable for such content if and when it has not known of any illegal actions or information or could not notice this circumstance and deletes the link in due time as soon as the illegality becomes know it. At the time of setting the links no illegal contents could be noticed by SCHAGERL Music GmbH. Operators of home pages that do not accept links by SCHAGERL Music GmbH are asked to notify us thereof.

3. Intellectual property rights SCHAGERL Music GmbH seeks to pay attention to all intellectual property rights relating to graphics, audio clips, video sequences and texts and to use graphics, audio clips, video sequences and texts generated by itself or to resort to public domain graphics, audio clips, video sequences and texts. All brand and trade marks displayed in our online shop and protected for third parties if any are subject to the intellectual property rights of their respective owners. Only because of nomination it must not be concluded that such trade marks are not protected for third parties. The copyright for publicized documents generated by SCHAGERL Music GmbH stays with SCHAGERL Music GmbH. Duplication or usage of graphics, audio clips, video sequences and texts in other electronic or printed publications is not admissible without explicit consent of SCHAGERL Music GmbH. SCHAGERL Music GmbH does not accept the usage of photographs available on the home page.

4. Protection of data The entering of date is voluntary. Data is only used for purposes of SCHAGERL Music GmbH. The usage of contact data of SCHAGERL Music GmbH like geographical addresses, telephone and fax numbers or e-mail addresses by third parties is not admissible unless information has explicitly been asked for. In case of violation SCHAGERL Music GmbH reserves the right to take legal steps against the addresser of spam mail.

5. Effectiveness of this disclaimer This disclaimer is part of our internet services from which we refer to these standard business conditions.

§10 Dispute Resolution

Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This enables consumers to initially resolve disputes in connection with an online order without the involvement of a court. This platform is available at https://ec.europa.eu/consumers/odr/. In this context, SCHAGERL MUSIC Gmbh is obliged to provide the e-mail address: info@schagerl.com. SCHAGERL Music GmbH will endeavor to settle any disputes that may arise amicably. We ask for your understanding that we therefore do not offer SCHAGERL Music GmbH participation in such proceedings.

§11 Miscellaneous

If some of the provisions included herein are, for whatever reason, not applicable, this does not influence the validity of other provisions. It is to be assumed that the contract parties would have chosen another – effective – provision which comes next to what the parties intended to agree on.

§12 Entry into force, recall

These standard business conditions have entered into force on June 1st 2024 and substitute the standard business conditions applicable prior to this date. The standard business conditions apply in the version valid at the time the contract is concluded. These standard business conditions may be recalled on our home page schagerl.com and may be saved as a pdf document. Prior to your order you will be asked to accept our standard business conditions. Without acceptance of our standard business conditions orders cannot be posted.