GENERAL TERMS AND CONDITIONS
These general terms and conditions apply for all contractual relationships (present and future) between the user and us. We expressly reject the terms and conditions of the user. Agreements which deviate from these general terms and conditions are subject to our express signed consent.
Consumers are recognised as such in the context of the Consumer Protection Act and therefore as natural or legal persons who are not entrepreneurs.
Entrepreneurs are natural or legal persons or legal partnerships whose business activities are governed by the objective contract. All companies are recognised as independent long-standing organisations; they might also be not-for-profit organisations.
Users are recognised as both consumers and entrepreneurs.
2. Object of contract
We operate a music shop („Shop“). The shop is currently accessible via the domain store.noiseappeal.com.
The music on display in the shop invites users to make offers; such an invitation is subject to change and non-binding. The user has the possibility of a review, which is referenced as such. Exploitation of said preview is prohibited and constitutes copyright infringement.
When making an order the user declares a binding contractual offer. We will immediately confirm to the user our receipt of an order for music ordered electronically. The receipt confirmation also does not constitute a binding acceptance of an offer.
We are entitled to expressly accept the contractual offer contained in the order by facilitating the download. We are authorised to reject an offer or to limit an offer to a common range.
The contract text is saved by us and, with the legally effective terms and conditions, sent to the user by email after the contract has been concluded.
3. Reservation of ownership / copyright / disposal ban
We reserve the ownership rights and the contractual exploitation rights with the music up until the full payment of the selling price. In the event of any breach of contract by the user (in particular default on payment) we are authorised to rescind the contract and to demand the return of the music. Electronic workpieces must be deleted by the user.
We expressly indicate that we only consent to one paper-format duplication in connection with the purchase of electronic workpieces. There are no European laws governing the reproduction of music for private use.
Any further duplication is recognised as a serious encroachment on the rights of the composers and may result in (criminal) legal proceedings. We ask our users to bear in mind that, in line with our sales model, the proceeds go mainly to the composers, and that with this unauthorised duplication constitutes a violation of copyright; for this reason, the user is expected to act in a responsible manner and to handle the music material in a manner that is permissible by the applicable laws.
It is expressly prohibited to sell the workpieces.
4. Withdrawal right
Prior to downloading, as per § 5 e of the Consumer Protection Act, the consumer has the right to withdraw from contracts within seven working days from the date on which they are concluded. Saturdays do not count as working days. A withdrawal does not require justification and it must be stated in writing; timely sending of it shall be recognised as due adherence to deadlines. Electronic workpieces must be deleted. After the download the user will no longer be entitled to the withdrawal right.
The user must pay the price immediately.
In the event of delayed payment the user shall be required to pay a collection fee of € 10.00 for every warning and to incur all appropriate and necessary costs recognised with the collection of the claim.
If the user is recognised as an entrepreneur under the Consumer Protection Act, then he shall only be entitled to compensation if his counterclaims have been judicially established or recognised by us. If the user is a consumer under the Consumer Protection Act, then he shall only be entitled to compensation in the event of our insolvency or for counterclaims which are related to the legal liability of the consumer, are judicially established or are recognised by us. The contractor enterpreneur is not entitled to withhold any payments.
6. Transfer of risk
During the downloading and sending of data via the Internet, the risks related to the loss and change of data crossing network interfaces shall be transferred to the user. The transfer shall be recognised as the same if the user’s acceptance is delayed.
We provide warranty under the provisions of §§ 922 ff of the Civil Code.
Entrepreneurs must examine delivered music for defects within a reasonable time period and indicate any found defects to us in writing within one week after the receipt of the music; otherwise the assertion of the warranty claim shall be invalid. Details of hidden defects must be revealed to us within one week after their discovery. Timely sending of it shall be recognised as due adherence to deadlines. The entrepreneur shall incur all charges for all claims (in particular those related to the defect itself) during the period of time between the discovery of the defect and the prompt reporting of the complaint.
8. Limitations of liability and exemption circumstances
The shop that we offer was created for the requirements and needs of the public. We accept no responsibility or liability for the accuracy, timeliness or completeness of the offered services or for particular utilities. We shall not be liable to the user for any interruption, disruption, delay, deletion, failed delivery or storage failure in connection with the use of the services or with communication.
Our liability, and that of our employees, contractors or other agents („people“) is basically limited to that characterised by intent or gross negligence; liability for mild negligence shall be excluded. This disclaimer does not apply to personal injury or damage to property which we have accepted for processing. Insofar as our liability os excluded or limited, this also applies to the personal liability of our people.
9. Data protection
The user allows us to process (and, in particular, to save), personal data such as name, surname, gender, level of academic education, date and place of birth, address, invoicing address, legitimation document, proof of citizenship, occupation/industry, telephone number, fax number, and email address within the limits of the Data Protection Act for the purpose of the provision of access to the services as well as the use of the services. We shall not make personal information available to third parties. The personal information made available to us by the user shall be protected against unauthorised access by third parties with utmost care. We shall take all reasonable steps to ensure the security of personal data. However, the user is hereby informed that the World Wide Web is accessible to everyone all over the world, and abuse in particular cannot be dismissed; with this, even with the utmost care we are unable to guarantee that their personal data and information will not be accessed by a third party. If the data is not necessary for the execution of the contract, the user can revoke his consent via a short email to the shop operator (firstname.lastname@example.org) at any time.
10. Final provisions
Austrian law applies. The provisions of the UN Sales Convention do not apply. For consumers, this choice of law applies only to the extent that the protection guaranteed by mandatory provisions of the law of the State where the client’s habitual residence is located, is still valid.
The jurisdiction for all disputes directly or indirectly resulting from the contract has been agreed as the competent court in 1170 Vienna, close to our headquarters. If the user is a client, this place of jurisdiction shall only be agreed if the user’s domicile, common residence or place of employment is located within this court circuit or the user lives abroad.
The place of execution is in Vienna.
If any individual provisions of the contract with the user, including these General Terms and Conditions, are or become ineffective (in whole or in part), this shall not affect the validity of the remaining provisions.