General Terms and Conditions for End Customers (STAND 08.12.2019)
General Terms and Conditions of vibrating music OG, hereinafter referred to as vm, in business dealings with CONSUMERS within the meaning of the Consumer Protection Act (KSchG), hereinafter referred to as customer.
All deliveries by vibrating music OG, also within the scope of the online shop www.vibratingmusic.com, are made exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order, unless other regulations have been agreed with the customer.
2. CONCLUSION OF CONTRACT
The presentation of the products on does not represent a binding offer to the customer, but corresponds to a non-binding online price list.
The contract, order and business language is German.
The sending of a product enquiry, hereinafter referred to as an online order, by the customer shall only be deemed an offer to conclude a purchase contract. The content of this offer can consist exclusively of the goods and services contained in vm's online shopping cart as well as the conditions stated on when sending the online order (mode of dispatch, mode of payment).
Upon receipt of the online order, the customer receives an automated e-mail from vm confirming receipt of the order by vibrating music OG and containing the essential information (order confirmation). This confirmation does not represent an acceptance of the customer's offer by VM, but merely serves to inform the customer about the receipt of the order by vm.
For online orders with the payment method "advance payment by bank transfer", the customer receives an order confirmation from vibrating music OG, on which the advance payment is to be made by the customer.
The sales contract for any possible payment method is not concluded until the money has been received in vm's bank account.
When the goods are dispatched, a further e-mail is sent to the customer (confirmation of dispatch). This e-mail also contains a copy of the invoice in PDF format as well as, if available, the package data required for possible shipment tracking and contact details with the carrier.
3. REGISTRATION OF CUSTOMERS,
Online ordering is only possible after complete entry of the required data.
The customer must ensure that the e-mail account specified by him is accessible and that smooth communication in connection with the order via e-mail functions. Furthermore, the customer must protect his customer password from misuse by third parties and may not pass this on to third parties.
4. PRICES AND TERMS OF PAYMENT
All prices indicated on the homepage contain the legally determined value added tax. All prices are from 4451 Garsten, Austria. Whereby all resulting forwarding expenses are extra indicated. The settlement takes place in € (EURO).
Payment possibilities are the prepayment by bank transfer or payment by PayPal.
With all orders the dispatch takes place in any case only after complete money entrance with vm.
5. DELIVERY AND TRANSPORT DAMAGE
The delivery of the goods is at the expense and risk of the customer.
If goods with different availability are contained in one and the same order, dispatch shall only take place when all products of the order are available. Delivery is made without exception from the vm central warehouse in Garsten to the delivery address provided by the customer. Delivery is normally made within 7 working days of receipt of the purchase price (if prepaid to vm's bank account). For the delivery vm is free to choose a suitable carrier. The place of performance for all orders is the registered office of vm (4451 Garsten, Austria).
If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address indicated by him, although the delivery date was announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery attempt.
If a delivery has been agreed and the customer unjustifiably refuses to accept a shipment, the customer will be charged the entire shipping costs, return shipping costs and a processing fee of € 15, - including 20% VAT.
Damages in transit
In order to secure any customer claims from transport damage against the transport company commissioned to dispatch the order, any externally visible transport damage must be reported to the parcel carrier immediately upon delivery of the order to the customer. Externally not recognizable transport damages must be complained to vm within 6 working days from delivery in writing and including photographic material, otherwise the claim for assertion of the claims from the transport damage expires. Apart from a possible liability of the transport company, vm is in any case subsidiarily liable for all transport damages, provided that they are proven accordingly.
6. RETENTION OF TITLE
The goods remain the property of vibrating music OG until full payment has been received. In the event of breach of contract, in particular default in payment, vibrating music OG shall be entitled to demand the return of the delivered goods. In this case, the buyer is obliged to surrender the goods.
7. WARRANTY AND LIABILITY
The statutory warranty period is 24 months. The period begins with the delivery of the goods. Compensation for consequential damages, other direct damages and losses or lost profit due to defective, omitted or delayed delivery is excluded, provided that the damage was caused by slight negligence and it is not personal injury. Liability for personal injury and any claims for damages against the Seller under the Product Liability Act shall not be limited thereby.
Liability for damages resulting from the use of the Klangeis in combination with the suction holder
The vibrating music OG product "Klangei" can be used in combination with the suction holder for glass surfaces at the customer's own risk. vibrating music OG, however, accepts no liability for product damage or other damage caused by using the vibration speaker in combination with the suction holder.
8. RIGHT OF REVOCATION FOR DISTANCE CONTRACTS
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods;
In order to exercise your right of withdrawal, you must inform vibrating music OG by means of a clear statement (e.g. email or letter) of your decision to withdraw from this contract. You may use the sample withdrawal text below, but this 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 Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse a refund until we have received the goods.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to vibrating music OG immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract.
This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to inspect their condition, properties and functionality. The following business cases are excluded from the right of withdrawal:
Purchase contracts for products which are individually manufactured according to customer specifications and clearly tailored to personal needs
(If you wish to cancel the contract, please fill in these details and return them to vm by email or letter)
vibrating music OG
Windner road 25a
Phone: +43 (0)650 5511198
"I hereby revoke the contract concluded by me for the purchase of the following goods with reference to the following invoice number:
Goods received on:
9. APPLICABLE LAW, PLACE OF JURISDICTION
If the consumer has his domicile or habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the consumer lies may be established for an action against him pursuant to §§ 88, 89, 93 (2) and 104 (1) JN;
this does not apply to legal disputes which have already arisen. The mandatory consumer law provisions at the consumer's place of residence shall also apply to the contractual relationship in the event of any legal disputes arising from the contract. Austrian law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10. DATA PROTECTION
Customer data is electronically recorded and processed by vm. Any personal data disclosed in the course of the business relationship will be treated confidentially.
vm uses the data for the processing of orders and the delivery of goods as well as for communication with the owner of the recorded data on orders and products. The data will only be passed on to third parties to the extent necessary if it is necessary for the provision of technical, logistical or other services in the clear interest of the customer. Personal data will be deleted from VM's customer file at the request of the customer. Further information on data protection at vm as well as complaints and data information can be sent to the e-mail address .
Further information on data protection can be found here.
Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remainder of the contract. In this case, the parties shall endeavour to find a provision that comes as close as possible to the economic intent of the invalid provision.
vibrating music OG is entitled to have obligations performed in whole or in part by subcontractors.