1. General / Conclusion of Contract
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) with the sole proprietorship Jörg Brandstätter (business name: acousticmodule.com) (hereinafter referred to as “Seller”) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods and/or services presented by the Seller in this online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 These GTC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed. Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and provided by the Seller.
1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.5 The Seller’s product descriptions contained in this online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
1.6 The customer can submit the offer via the online order form integrated in this online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
1.7 In the event of a contract being concluded, the contract shall be concluded between the customer and the company, Jörg Brandstätter (business name: acousticmodule.com)with its registered office at Pater-Schwartz-Gasse 11a, 1150 Vienna.
1.8 When an offer is made via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions. The invoice shall also be sent by e-mail. The customer agrees to an invoice sent electronically when placing the order. Orders are stored by the seller for 24 months after the customer has placed the order. If the customer loses his or her order documents, the customer can contact the seller by e-mail/fax/telephone. The Seller will send the Customer a copy of the order data.
1.9 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions until the customer clicks the button that concludes the order process.
The information provided by the customer in the context of the order forms the basis for the creation of the invoice. Requests for changes to an invoice must be requested. Invoice changes for which the Seller is not responsible shall be charged at € 10.00 per change.
1.10 Only the German language is available for the conclusion of the contract.
1.11 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2. Prices and terms of payment
2.1 The list prices at the time of the order shall apply to the delivery. Unless otherwise stated in the Seller’s offer, the prices quoted are final prices which include the statutory value added tax or insurance tax and are exclusive of shipping costs, any cash on delivery charges, transaction costs, installation and training costs, etc. Depending on the shipping method, the shipping costs are calculated according to the size, weight and number of packages.
2.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
2.3 The customer has various payment options at his disposal, which are pointed out to him in this online shop. Depending on which of the Seller’s online shops the Customer uses to place his order, the payment methods offered may vary.
2.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
2.5 The Seller reserves the right to expressly authorise a third party to request payment from the Customer or to collect payment. If such a case exists, the payment made to the third party shall at the same time be deemed to discharge the Seller from debt.
2.6 A payment shall only be deemed to have been made when the Seller or the third party authorised by the Seller can dispose of the amount. In the event of a delay in payment, the Seller shall be entitled to charge interest on arrears at a rate of 5 percentage points for consumers and 9 percentage points for entrepreneurs above the respective base interest rate of the ECB pursuant to the Discount Transition Act. The Seller reserves the right to also charge a flat rate of 40 euros in the event of default on the part of the customer who is an entrepreneur. This shall also apply if the payment claim is a payment on account or other instalment payment. The lump sum in the amount of 40 euros shall be credited against any damages owed, insofar as the damages are based on the costs of legal action.
Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall only be deemed to be payment after they have been successfully cashed.
Discount and collection charges shall be borne by the buyer. The seller shall not be liable for timely presentation.
2.7 The customer, who is an entrepreneur, is only entitled to fulfil the obligation to pay the purchase price by offsetting if his counterclaims have been legally established or are undisputed. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
2.8 Refunds of the purchase price shall be made, as far as possible, by the same payment method as the payment was made by the customer to the seller. This does not apply to payment by cash on delivery. In this case, the refund shall be made by bank transfer to the customer’s bank account.
3. Delivery and shipping conditions, transfer of risk
3.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive.
shall be decisive. In deviation from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
3.2 In the case of goods delivered by a haulage company, delivery shall be made “free kerbside”, i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
3.3 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.
3.4 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer.
Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
3.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which the seller is not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, the Seller shall notify the Customer of the beginning and end of such hindrances without delay.
Delivery may also be extended by the time it takes for the customer to provide all information and documents necessary for the execution of the order.
3.6 In cases where the Seller offers self-collection as a shipping method, the Seller will first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the customer may collect the goods from the Seller’s registered office in Linden during opening hours. In this case, no shipping costs will be charged.
3.7 Partial deliveries by the Seller are permissible insofar as they are reasonable for the Customer.
3.8 The Seller may determine the mode of dispatch, the dispatch route and the company commissioned to carry out the dispatch at its discretion, unless the Customer gives express instructions.
4. Right of withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
5. refusal of acceptance by the trader
5.1 If a customer who is an entrepreneur does not accept the goods sold, the seller shall be entitled to insist on acceptance or to demand 10% of the purchase price as a lump-sum compensation for damages and expenses, unless the customer proves that no damage or a lesser damage has been incurred. In the event of extraordinarily high damages, the Seller reserves the right to assert such damages.
5.2 For the duration of the delay in acceptance by the customer, who is an entrepreneur, the seller is entitled to store the delivery items at the customer’s risk on his premises, with a forwarding agent or with a warehouse keeper. During the period of default in acceptance, the customer shall pay a flat rate of 15 euros per month to the storage company for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the customer proves that expenses or damage have not been incurred.
In the event of exceptionally high storage costs, the seller reserves the right to claim these.
6. retention of title
6.1 With respect to consumers, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer is acting as an entrepreneur, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax).
This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller shall not collect the claims as long as the customer fulfils his
payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed. 7.
7. withdrawal in case of deterioration of assets
The Seller may withdraw from the contract if the Seller becomes aware of a cessation of payments, the opening of insolvency or composition proceedings, the rejection of insolvency for lack of assets, protests of bills of exchange or cheques or other concrete indications of deterioration in the financial circumstances of the customer.
8. Jurisdiction, Applicable Law, Partial Invalidity
8.1 In business transactions with merchants and with legal persons under public law, the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques, shall be Vienna; the Seller shall also be entitled to bring an action at the customer’s place of business.
8.2 Austrian law shall apply exclusively. In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that the provisions of consumer law are mandatory.
8.3 In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.