General Terms and Conditions for the
AustrianDrumhead Company
Austrian Drumhead Company
Hans-Peter Kirbisser
Mühldorf 76
8330 Feldbach
§ 1 Scope of application
(1) The following “General Terms and Conditions” (GTC) apply in the version valid on the day of the order for all purchase contracts between the Austrian Drumhead Company and its customers. By placing an order, the customer declares that he has read and understood the General Terms and Conditions and is therefore legally bound by them.
(2) Should individual provisions of these GTC be invalid in whole or in part due to mandatory statutory provisions (in particular the provisions of the Consumer Protection Act), the remaining provisions of these GTC shall remain in full force and effect.
§ 2 Conclusion of contract
All offered goods are to be understood as a non-binding invitation to the customer to the goods to buy. The contract is concluded by sending an electronic order confirmation. The range can be viewed in the store. By clicking on the “Buy now” button, the customer concludes the purchase contract.
§ 3 Right of withdrawal from the purchase
(1) Customers who are consumers within the meaning of the Consumer Protection Act may, in accordance with the Consumer Protection Act, 14 days from delivery withdraw from the contract without giving reasons, unless mandatory statutory provisions provide otherwise. It is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons.
(2) In the event of withdrawal, the purchase price shall only be refunded concurrently with the return of the goods received by the customer.
(3) In the event of a return shipment, the customer shall bear the costs for the return shipment.
§ 4 Warranty
(1) The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. Damage caused by improper use or handling of the product is not covered by the warranty. The same applies to normal wear and tear.
(2) The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods shall be deemed to be in accordance with the contract if the delivered items comply with the other product specifications.
(3) If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), he must check the delivered goods upon receipt for completeness, correctness and other defects, in particular the integrity of the packaging, and notify us of any defects by e-mail to info@austriandrumheadcompany.at and briefly describe them. This only serves to process any complaints more quickly and effectively. A breach of this obligation does not lead to any restriction of the consumer’s statutory warranty rights.
§ 5 Prices and shipping costs
(1) In principle, the purchase price for the goods ordered shall be deemed to have been agreed as shown in the current price lists.
(2) Unless otherwise stated, all prices are gross prices including statutory VAT.
(3) The shipping costs are calculated according to the delivery address and appear separately in the final invoice.
(4) By entering a coupon code, the purchase price may change. A maximum of one coupon code can be redeemed per purchase.
§ 6 Terms of delivery
(1) If the goods are in stock, they will be ddelivery depending on the place of delivery normally within 7 working days from receipt of payment by the customer to the specified delivery address. With The delivery time may be longer for custom-made products or goods that are not in stock.
§ 7 Terms of payment
The customer has the option of paying in advance (bank transfer) or by credit card (Stripe). If the customer has chosen payment in advance (bank transfer), he undertakes to pay the full purchase price to the specified bank account immediately after conclusion of the contract. The contract is valid upon receipt of payment.
§ 10 Data protection
The customer acknowledges that the use of the data about the customer stated in the contract will be stored and processed for accounting and customer record purposes. The data is used to comply with legal requirements, to process payment transactions and to provide customer information. Customer data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract. Detailed intended uses can be found in the menu item data protection/imprint.
§ 11 Place of jurisdiction and applicable law
(1) This contract shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall also apply to this contract. The place of performance of the contract is the registered office of the Association.
(2) The court with subject-matter jurisdiction at the registered office of the Association shall have exclusive jurisdiction for disputes. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the customer’s domicile, habitual residence or place of employment is located shall have jurisdiction.
