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Terms and conditions

General Terms and Conditions of the company Akustik-Projekt MHS GmbH & Co KG

 

§1 Scope of application for entrepreneurs and definitions

(1) The following Terms and Conditions shall apply to all deliveries between us and a consumer as amended at the time of order.

(2) Within the meaning of these Terms and Conditions, “Consumers“ are any natural persons concluding a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed vocational activity.

§2 Conclusion of contract; saving of the wording of contract

(1) The following provisions concerning the conclusion of contract shall apply to orders made via our online shop https://www.akustik-projekt.at.

(2) In the event of conclusion of contract, the contract is concluded with

Akustik-Projekt MHS GmbH & Co KG
Melkerstraße 30
A-3204 Kirchberg/Pielach
Company register number FN241394t
Registry Court Regional Court St. Pölten

(3) The display of goods in our online shop shall not constitute a legally binding contract offer on our part, but only a nonbinding invitation to the consumers to order goods. By ordering the desired goods, the consumers submit a binding offer on their part to conclude a sales contract.

(4) The following provisions shall apply upon receipt of an order in our online shop: The consumer submits a binding offer of contract by successfully completing the order transaction as provided for in our online shop.

The order is placed as follows:
1) Selection of the desired goods
2) Confirmation by clicking the button “Add to shopping cart“
3) Verification of details in the shopping cart
4) Click on the button “Checkout“
5) Login to the online shop after registration and entering the login details (e-mail address and password)
6) Double-check or amendment of the information entered
7) Binding placement of the order

Prior to the binding placement of the order and after checking the information provided, the consumer can get back to the website where the customer specifications are gathered in order to amend input errors by clicking on the “back” button included in the web browser used by the consumer, or cancel the order transaction by closing the web browser. We will confirm the receipt of order without delay via an automatically generated e-mail (“order confirmation”). This confirmation shall constitute the acceptance of your offer on our part.

(5) Saving the wording of contract concerning orders via our online shop: We will save the wording of contract and forward to you the order specifications and our General Terms and Conditions via e-mail. The General Terms and Conditions are also available at https://www.akustik-projekt.at/en/agb at any time. Information on your past orders can be found in the customer area of our website at My Account --> My Orders.

§3 Prices, costs of delivery, payment, due date

(1) All specified prices shall be inclusive of statutory value-added tax (VAT) and other price components, price error reserved. In addition, costs of delivery may be added.

(2) Payment may be made by the consumer by advance payment, cash on delivery or PayPal.

(3) If the consumer has selected payment in advance, he/she agrees to pay the purchase price immediately after concluding the contract. If we deliver per cash on delivery, the payment is due upon receipt of the goods.

§4 Delivery

(1) Unless explicitly specified otherwise in the product specifications, all articles offered by us are ready to ship on the day of order.

(2) If the consumer has selected payment in advance, we will dispatch the goods not before receipt of payment.

§5 Reservation of title

We shall retain ownership to the goods until payment of the purchase price has been made in full.

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§6 Right of withdrawal

Right of withdrawal

Instructions on withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Akustik-Projekt MHS GmbH & Co KG, Melkerstraße 30, A-3204 Kirchberg/Pielach, telephone number: 0043 2722 93 082; fax number: 0043 2722 93 082 300, e-mail address: office@akustik-projekt.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website (www.akustik-projekt.at). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods if the price of the items to be returned does not exceed the amount of EUR 40. Otherwise, you will receive a return label by us which allows you to return the goods free of charge. If goods are returned without a return label that was provided by us, costs for the return cannot be reimbursed.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal shall not apply to contracts

  • for the supply of non-prefabricated goods made on the basis of individual choice of or instruction by the consumer or goods which are clearly personalised to the consumer’s needs,

  • for the supply of goods which are liable to deteriorate or expire rapidly,

  • for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,

  • for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,

  • for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader,

  • for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,

  • for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

 End of the instructions on withdrawal

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 §7 Contractual agreements concerning the costs of returning goods in case of withdrawal

In the event that you exercise your right of withdrawal, the following agreement shall apply: You shall bear the regular costs of returning goods if the goods delivered correspond to those that have been ordered and if the price of the item to be returned does not exceed the amount of EUR 40 or if, in the case of a higher price of the goods, you have not fulfilled your part of the agreement or made a contractually agreed partial payment at the time of withdrawal.

Otherwise, the returning of goods is free of charge for you.

§8 Language of contract

The language of contract shall exclusively be German.

§ 9 Place of jurisdiction

The place of jurisdiction for any disputes arising from or relating to deliveries and services with entrepreneurs shall be the court having explicit subject-matter jurisdiction in 3100 St. Pölten, Austria.

For any disputes arising from or relating to deliveries and services, Austrian substantive law shall be applicable. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Terms As of October 2019

 
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