terms & conditions
§ 1 Scope and contractual partners
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These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the operator of the Daughterson's online shop in Austria. As part of the ordering process, you accept the terms and conditions in the version applicable at the time of placing the order.
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Operator of the online shop and your contractual partner is:
Daughterson's Vintage Guitars
Bertram Kolar
Theresiengasse 45/5
1180 Wien
UID: ATU77738156
Registered in the commercial register of the Vienna District Court - represented by the managing directors Bertram Kolar
E-Mail: bertram@toechtersoehne.org
§ 2 Conclusion of contract
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The presentation of goods in the online shop does not constitute a binding request for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
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By clicking on the "Order now subject to payment" button, you submit a binding purchase offer (§ 145 BGB).
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After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order.
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This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
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A purchase contract for the goods is only concluded when we expressly declare the acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices mentioned on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs and payment fees.
§ 4 Terms of payment
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Payment is made either: on account, by instant transfer or paypal
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If you select the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
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When paying by credit card, the purchase price is reserved on your credit card at the time of the order ("authorization"). The actual debit of your credit card account takes place at the time we ship the goods to you.
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When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of account coverage or due to data of the bank account incorrectly transmitted by you.
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If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent to you after the occurrence of the delay, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in individual cases.
§ 5 Delivery and delivery times
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The delivery of the goods takes place via our central warehouse in Vienna (Austria), where the place of performance is also. Delivery area and shipping costs are regulated in § 3 para. 2.
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The delivery times specified in the online shop or our shipping confirmation in accordance with § 2 para. 2 are calculated from the time of our order confirmation, but not before the invoice amount is credited to our account when paying in advance. If a delivery time is not specified by us or not otherwise agreed, it is regularly. 5 to 10 working days.
§ 6 Right of withdrawel
1. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which we inform you as follows:
CANCELLATION POLICY
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must
Daughterson's Vintage Guitars
Bertram Kolar
Theresiengasse 45/5
1180 Wien
UID: ATU77738156
By means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. If the shipping of the ordered goods from us to you is free of charge for you due to the order value of your order and you only make use of your statutory right of withdrawal for several ordered goods with regard to a part of the goods, so that the part of the goods remaining with you does not reach the amount of the free shipping costs, you have to bear the shipping costs in the amount that they would have been incurred if you had only ordered the goods remaining from you. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract to
Daughterson's Vintage Guitars
Bertram Kolar
Theresiengasse 45/5
1180 Wien
To be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.
END OF THE CANCELLATION POLICY
2. Sample for the revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Daughterson's Vintage Guitars
Bertram Kolar
Theresiengasse 45/5
1180 Wien
UID: ATU77738156
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I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on(*)/received on(*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if notified on paper)
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Date
(*) Delete as appropriate.
3. Agreement
If you provide us with goods of your order within the revocation period, we recognize the return as a clear statement of your decision to revoke this contract within the meaning of the above cancellation policy.
4. Cost-suring agreement
If you make use of your right of withdrawal, please return the goods to us at your own expense.
§ 7 Rights of the customer in the event of defects
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Your rights in the event of material and legal defects are determined by the statutory provisions. However, we assume no liability for descriptions from third parties, in particular from customers in the context of the customer reviews published in our online shop.
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Your statutory right of withdrawal (see § 6) and rights from warranty declarations that may be made separately or attached to the goods remain unaffected in all cases.
§ 7 Rights of the customer in the event of defects
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Your rights in the event of material and legal defects are determined by the statutory provisions. However, we assume no liability for descriptions from third parties, in particular from customers in the context of the customer reviews published in our online shop.
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Your statutory right of withdrawal (see § 6) and rights from warranty declarations that may be made separately or attached to the goods remain unaffected in all cases.
§ 8 Choice of law and place of jurisdiction
The contractual relationship is exclusively subject to Austrian law with the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The legal provisions apply to the place of jurisdiction.
§ 9 Severability clause
Should one or more provisions of these general terms and conditions be or become invalid or inadmissible in whole or in part, this shall not entail the invalidity of the entire contract. The inadmissible or ineffective provision shall be replaced by a provision closest to the economic purpose of the ineffective or inadmissible provision.
§ 10 Vouchers Redemption of promotional vouchers
Promotion vouchers (value vouchers that cannot be purchased, but which we issue as part of an advertising campaign with a certain period of validity) are only valid for the specified online shop, only in the specified period and can only be redeemed once as part of an order process. For redemption, the value of the goods must correspond at least to the specified amount of the promotion voucher. The combination with other vouchers or other promotional vouchers is not possible, as well as a cash payment or refund, unless any consideration has been provided for it, is excluded. Disclosure to third parties and publications are prohibited. If you use a promotional voucher with your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your revocation - the total value of the order falls below the respective value of the promotion voucher.