General terms and conditions

Akustik-Projekt MHS GmbH & Co KG
Uferweg 4, AT-3204 Kirchberg an der Pielach
Registration number FN241394t
Registering court Landesgericht St. Pölten
E-Mail: office@akustik-projekt.at

1. Scope and Definitions
   1. These General Terms and Conditions apply to all contracts, deliveries, and other services between us and our customers in the version valid at the time of conclusion of the contract. Any differing terms and conditions of the customer will only be recognized if we have expressly agreed to them in writing.
   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 (Section 1 of the Austrian Consumer Protection Act).
   3. A business is a natural or legal person or a partnership with legal capacity that, when concluding the contract, is acting in the exercise of its commercial or independent professional activity (Section 1 of the Austrian Commercial Code).
      
      
2. Conclusion of contract, partial delivery and product availability
   1. The presentation of products in our online shop does not constitute a binding offer, but rather a non-binding invitation to place an order.
   2. By submitting the order by clicking the "Place order" button, the customer submits a binding offer to conclude a purchase agreement.
   3. Receipt of the order will be confirmed immediately by an automatically generated email ("Order Confirmation"). This does not yet constitute acceptance of the offer.
   4. The contract is only concluded when we ship the goods and confirm the shipment separately or actually deliver the goods.
   5. We are entitled to accept or reject orders within a reasonable period.
   6. We are entitled to make partial deliveries, provided this is reasonable for consumers. Consumers will not be charged additional shipping costs for this. Partial deliveries are permitted to a reasonable extent for business customers.
   7. Should ordered goods be unavailable for reasons beyond our control, in particular due to improper delivery to us by our suppliers, we are entitled to withdraw from the contract. The customer will be informed immediately; any payments already made will be refunded immediately.
   8. Obvious pricing, typographical, printing, or calculation errors, as well as technical transmission errors, entitle us to contest or withdraw from the contract. Any payments already made will be refunded immediately. Statutory rights remain unaffected.
      
      
3. Prices, shipping costs and payment terms
   1. All prices listed in the online shop are in euros and include statutory VAT and all other price components. Shipping costs are shown separately during the order process.
   2. Payment is made using the payment methods offered in the online shop.
   3. If you select prepayment, the purchase price is due upon receipt of the order confirmation. Delivery will be made after payment has been received.
   4. In the event of late payment by businesses, we are entitled to charge default interest in accordance with Section 456 of the Austrian Commercial Code (UGB) as well as reasonable dunning and collection expenses.
      
      
4. Delivery and Transfer of Risk
   1. Unless otherwise stated in the product description, shipping will take place within the specified delivery period. Delivery times are non-binding unless expressly agreed to be binding.
   2. If delivery is not possible or is delayed for reasons beyond our control, the customer will be informed immediately. Statutory rights remain unaffected.
   3. For consumers, the risk of accidental loss or accidental damage to the goods passes to the consumer or a third party designated by the consumer only upon delivery of the goods.
   4. For businesses, the risk passes to the business upon handover of the goods to the carrier.
      
      
5. Retention of Title
   1. The goods remain our property until full payment of the purchase price and all ancillary claims.
   2. With respect to businesses, the goods remain our property until all claims arising from the ongoing business relationship have been settled in full.
   3. Businesses are obligated to handle the goods subject to retention of title with care and to notify us immediately of any third-party claims.
      
      
6. Liability
   1. In cases of slight negligence, we are liable only for damages resulting from the breach of essential contractual obligations (cardinal obligations), but only up to the amount of the typically foreseeable damage.
   2. The limitation of liability does not apply to damages resulting from injury to life, body, or health, nor to claims under the Product Liability Act.
   3. Liability under the Product Liability Act remains unaffected.
      
      
7. Warranty and Guarantee
   1. Priority of statutory warranty
      1. Consumers are subject to the statutory warranty provisions pursuant to the Consumer Warranty Act (VGG) and the relevant provisions of EU law in their currently valid versions.
      2. Claims will primarily be processed under the statutory warranty, provided its requirements are met. Any voluntary guarantee will only be invoked subsidiarily or at the express request of the customer.
      3. The statutory warranty rights are neither limited nor replaced by any guarantee.
   2. Warranty – processing and shipping costs
      1. First year after delivery (legal presumption)
         Within the first year after delivery, it is legally presumed that any defect that arises was already present at the time of delivery.
         Warranty claims are handled free of charge during this period, including transport, shipping, labor, and material costs.
         
         Return shipping:
         For returns, we will provide the customer with a free return label upon request or inform them of another free return option.
         If the customer returns the goods themselves with prepaid postage after prior agreement, reasonable and documented shipping costs will be reimbursed upon presentation of suitable proof of shipment (e.g., proof of posting).
         Collective or unpaid shipments will not be accepted, as the customer is provided with a free return option or will be reimbursed for reasonable shipping costs.
      2. Second year after delivery (burden of proof lies with the customer)
         Second Year After Delivery (Burden of Proof Lies with the Customer) In the second year after delivery, the burden of proof for the existence of a defect that was already present at the time of delivery lies with the customer.
         The customer initially bears the costs and risk of return shipping for technical inspection.
         If, during the inspection, it is confirmed that a statutory warranty defect exists, the customer will be reimbursed for the reasonable and documented shipping costs upon presentation of suitable proof of shipment.
      3. No defect covered by warranty
         If the inspection of the returned goods reveals that no statutory warranty claim exists or that a defect is the customer's responsibility (in particular, caused by improper use, operating errors, external influences, or interventions by third parties), the seller is entitled to invoice the customer for the actual and reasonable inspection and return shipping costs incurred.
         The inspection fee is typically €70.00. The consumer expressly reserves the right to prove that no costs or significantly lower costs were incurred.
   3. Voluntary warranty and warranty extensions
      The following provisions apply exclusively to voluntary warranties and any separately purchased warranty extensions. The voluntary warranty or warranty extension is personal and not transferable to third parties, unless expressly stated otherwise in the respective warranty statement.
      1. Relationship to the statutory warranty
         Any voluntary warranty or extended warranty provided by us or a manufacturer is in addition to your statutory warranty rights.
         Your statutory warranty rights remain unaffected and can be exercised free of charge.
      2. Scope and duration
         The scope, duration and specific conditions of a voluntary guarantee or a concluded guarantee extension are exclusively derived from the respective guarantee statement or agreement.
      3. Services in the event of a warranty claim
         Unless otherwise stated in the respective warranty statement, the warranty or warranty extension is a voluntary service provided by the seller.
         The voluntary warranty covers only the free provision of the replacement part required to remedy the defect.
         Labor, testing, installation and removal costs, as well as other services, are not included in the voluntary warranty and may be billed separately.
         This provision applies exclusively to voluntary warranties. The consumer's statutory warranty rights remain unaffected.
      4. Shipping in case of warranty claim
         Under a voluntary warranty, the customer bears the shipping costs and the risk of loss or damage during the return of the goods to us or to the respective warrantor, unless otherwise specified in the warranty statement.
         Returns to the customer are generally at the customer's expense, unless the warranty statement stipulates that these costs will be covered.
         We may, at our discretion, cover the return shipping costs if the return can be sent via standard shipping.
   4. Packaging and return transport
      The customer is obligated to package the goods securely and appropriately for transport.
      If the packaging is unsuitable, we may charge EUR 50.00 for providing secure transport packaging.
      If suitable packaging cannot be provided, the customer must collect the goods at their own expense or arrange for a transport service.
      
      
8. Right of withdrawal
   Consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason.
   
   The cancellation period is fourteen days from the day,
   • on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the goods, or
   • in the case of a partial delivery, on the day when the consumer or a third party designated by him has taken possession of the last item.
     
     
   To exercise the right of withdrawal, the consumer must inform us,
   
   Akustik-Projekt MHS GmbH & Co KG
   Uferweg 4
   AT-3204 Kirchberg an der Pielach
   E-Mail: office@akustik-projekt.at
   
   of their decision to withdraw from this contract by means of a clear statement (e.g. by email or letter).
   
   To meet the cancellation deadline, it is sufficient that the notification of the exercise of the right of cancellation is sent before the deadline expires.
   
   Consequences of the withdrawal
   
   If this contract is cancelled, we will reimburse all payments received from the consumer, including delivery costs (excluding any additional costs arising from the choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of the cancellation.
   
   For this refund, we will use the same payment method that was used for the original transaction, unless expressly agreed otherwise; in no case will the consumer be charged any fees for this refund.
   
   We may withhold reimbursement until we have received the returned goods or until the consumer has provided proof of return shipment, whichever occurs first.
   
   Upon receipt of the returned goods, we are entitled to inspect them to determine any potential compensation for diminished value. Any such compensation will be deducted from the refund amount.
   
   Return of goods and return shipping costs
   The consumer must return the goods to us immediately and at the latest within fourteen days of submitting the notice of cancellation. The deadline is met if the goods are dispatched before the end of the period.
   
   The consumer bears the direct costs of returning the goods.
   
   Returns from Austria and Germany
   For returns from Austria and Germany, we will provide a return label upon request. The cost will be deducted from the refund:
   • Austria: EUR 6,00 per package (max. 120x60x60 cm, max. 20kg)
   • Germany: EUR 12,00 per package (max. 120x60x60 cm, max. 20kg)
     
     
   Packages over 20 kg must be picked up. The costs for this are:
   • Austria: EUR 20,00 per package
   • Germany: EUR 30,00 per packge
   
   Returns via freight forwarder
   For goods that, due to their nature, cannot be shipped via standard parcel service (freight forwarding goods), the following provisions apply:
   
   For returns from Austria or Germany, the return shipping costs are a flat rate of EUR 119.00. This amount will be deducted from the refund.
   
   For returns from other countries, the return shipment must be organized and arranged by the consumer. The consumer bears the actual direct costs of the return shipment. These costs can be considerable depending on the size, weight, and distance of the shipment.
   
   Condition of goods upon return
   You are entitled to inspect the goods within the scope of your statutory right of withdrawal, just as you would be able to in a physical store.
   
   However, you are liable for any diminished value of the goods if this is due to handling of the goods that was not necessary for inspecting their condition, properties, and functionality.
   
   The goods should be returned complete, if possible, including all accessories and operating instructions.
   
   The return shipment must be made in suitable protective packaging to prevent damage during transport.
   
   The absence of the original packaging does not affect the statutory right of withdrawal.
   
   Compensation for damage to or absence of the original packaging can only be claimed if the original packaging itself is part of the performance owed or if its absence demonstrably leads to a reduction in the economic value of the goods.
   
   If accessories are missing, or if the goods are damaged or have been used beyond what is permissible for inspection, compensation can only be claimed to the extent that a demonstrable loss in value has occurred.
   
   Returns will only be refused in legally permissible exceptional cases.
   
   Exclusion or premature expiry of the right of withdrawal
   The right of withdrawal does not apply in the following cases:
   • Goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or that are clearly tailored to the personal needs of the consumer;
   • sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, in particular in-ear headphones if the hygiene seal has been broken;
   
   Special provisions for pickup systems, styli, and audio and video recordings
   
   1. Sealed audio and video recordings
      For sealed audio or video recordings (especially vinyl records, CDs, tapes, or similar data carriers), there is no right of withdrawal according to Section 18 Paragraph 1 Item 5 of the Distance Selling Act (FAGG) if the seal has been broken after delivery.
      
      As long as the seal remains intact, the statutory right of withdrawal remains valid.
      
      The right of withdrawal remains valid for new, unsealed, or openly delivered sound carriers. However, use, in particular playback, may trigger a claim for compensation in accordance with Section 15 of the Distance Selling Act (FAGG), provided that a demonstrable loss in value results.
      
      
   2. Cartridge systems and styli (MM/MC)
      Phono cartridges and styli are high-precision products. Within the framework of the statutory right of withdrawal, inspection of the goods is permitted, just as would be possible in a brick-and-mortar store.
      
      Any installation, adjustment, commissioning, or other use that goes beyond a mere visual and functional inspection may, according to Section 15 of the Distance Selling Act (FAGG), give rise to a claim for compensation if a demonstrable loss in value has occurred.
      
      Depending on the condition of the goods, the compensation may, in individual cases, correspond to the full purchase price if resale as new is no longer economically viable.
      
      
   3. Removal of protective or product seals
      Removing existing protective or product seals may give rise to a claim for compensation if this results in a demonstrable loss in value or if the goods can no longer be sold as unused.
      
      Consumers are hereby expressly advised of these potential legal consequences.
      
      
9. Final Provisions
   1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
   2. Jurisdiction for consumers: Consumer's place of residence, to the extent permitted by law.
      For businesses: Exclusive jurisdiction is the Regional Court of St. Pölten.
   3. The contract language is German. All communication, order processing, terms and conditions, cancellation policy, invoices, and other contractual documents are in German. Versions in other languages ??are for informational purposes only; the German version is authoritative and legally binding.
   4. Should any provision of this agreement be invalid, the validity of the remaining provisions shall remain unaffected.