General Terms and Conditions
As of: 08.01.2025
1) Scope of application
1.1These General Terms and Conditions (hereinafter “GTC”) of
Mag. art. Siegmund Andraschek, PhD
Franzosenweg 22, A-1100 Vienna
Telephone: +43-650-3643611
E-mail: musikverlag@andraschek.at
apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller's goods in distance selling. The inclusion of the customer's own terms and conditions is hereby objected to.
A consumer is any natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession. A business, in terms of these terms and conditions, is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. Public limited companies, limited liability companies, cooperative and industrial cooperatives, mutual insurance associations, savings banks, European economic interest groupings (EEIG), European companies (SE) and European cooperative societies (SCE) are entrepreneurs by virtue of their legal form.
2. Conclusion of contract
2.1The product descriptions contained in the seller's web shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2The customer can submit the offer using the order form integrated into the seller's webshop. After configuring the selected goods and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. After the order has been received, the customer receives a separate, automated confirmation of the receipt of his order(s). Such a confirmation does not yet constitute acceptance of the offer. The customer can also submit his offer by email or telephone.
2.3The seller can accept the customer's offer within three working days,
- by sending the customer a written order confirmation or an order confirmation in text form (e.g. email), whereby the customer's receipt of the order confirmation is decisive,
- or by asking the customer to pay after placing the order.
If both are present, the contract shall be concluded at the earlier point in time. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the third working day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4When an offer is made using the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. by email) after the customer has sent his order. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account free of charge, provided the corresponding login data is provided.
2.5 Before the order is placed via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's enlargement function, which is used to enlarge the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Different languages are available for concluding the contract. The specific language selection is displayed in the online store.
2.7The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the 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.
3) Right of withdrawal
3.1Consumers residing in the EU are generally entitled to withdraw from a distance contract. For more details, please refer to the withdrawal instructions.
A distance contract is a contract between the seller and a consumer, without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract, only means of distance communication (email, internet, telephone) are used.
4) Prices and payment terms
4.1Unless otherwise stated in the seller's product and service description, the prices quoted are total prices that include the statutory sales tax.
The payment methods accepted by the seller are credit card, advance payment by bank transfer and instant transfers with eps.
4.2 If advance payment by bank transfer has been agreed, payment is due immediately after the contract has been concluded, unless the parties have agreed on a later due date.
4.3 Price fixing
In accordance with legal requirements, the prices for books and sheet music in Germany and Austria are subject to fixed book prices. This means for customers who resell sheet music that all items sold by us at fixed prices must be offered at the price set by us and may only be sold once and not to dealers.
5) Retention of title
5.1 The seller retains ownership of the goods provided until the purchase price owed has been paid in full by the customer, whether a consumer or a business.
6) Lieferbedingungen
6.1 We provide our products worldwide, unless individual products are marked otherwise.
6.2 The provision of goods is done by download.
6.3 The risk of loss of or damage to the goods sold passes to the customer as soon as the download is complete or the customer has access to the content.
7) Warranty/Liability
7.1 The provisions of the statutory warranty apply.
The provisions of the statutory warranty apply. The seller is liable for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required properties when the contract is concluded, which he does by placing his order after he has been specifically informed of this deviation in the product description.
If the customer is acting as an entrepreneur,
- an insignificant defect does not, in principle, give rise to any warranty claims,
- the seller has the choice of how to remedy the defect
- · the limitation period does not start again if a replacement delivery is made under the warranty.
If the customer is an entrepreneur within the meaning of the UGB, the commercial duty to inspect and give notice of defects applies in accordance with § 377 UGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.
The seller shall not be liable for slight negligence, provided that it does not involve personal injury. These liability provisions shall also apply with regard to the seller's liability for his agents and legal representatives.
8) Granting of rights of use for digital content
8.1 The offered content is protected by copyright. Unless otherwise agreed, the seller grants the customer the non-exclusive right, unlimited in terms of time and place, to use the content provided for the customer's own purposes only (simple usage license) as follows:
This simple license includes permission to store and/or print a single copy of the sheet music on a computer or other electronic device for the purposes of study, rehearsal and performance.
If the buyer is a music association, a music band, a (music) school or an orchestra, orchestra sheet music may be printed in the number of the instrumentation of the music association, the music band or the (music school) orchestra.
Sheet music for school and teaching purposes or examination literature and the like are not included in this regulation and may only be printed once.
The buyer is only entitled to perform the work set out in the sheet music if the sheet music is provided with the license notice for the personal use of the purchasing (music) school, or the music club or band or orchestra, and the performances or recordings have been reported to the relevant authority (AKM, SUISA, GEMA, etc.) and are subsequently licensed and paid for.
This license notice must not be edited or deleted.
Any further use and utilization of the musical work and the sheet music requires the express written consent of the seller.
8.2 Any further reproduction, distribution or rental of the sheet music to third parties (electronically or in printed form) or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has expressly agreed to a transfer of the contractual license to the third party. In particular, the Buyer is not entitled to sublicense the sheet music that is the subject of the contract, either for a fee or free of charge, or to make it accessible in any other way or otherwise make it available to third parties.
Without the express written consent of the seller, the sheet music may not be
stored in such a way that third parties have access to it.
8.3 The granting of rights only becomes effective when the customer has paid the owed remuneration in full and has started to print or save the content from his computer.
8.4 If the customer is acting as a dealer, he is only entitled to one-time resale. In this case, he is entitled to grant his customers one-time sub-licenses that give the customer the non-exclusive, geographically and temporally unlimited right to use the content provided for his or her own purposes only, as described in more detail in 8.1 to 8.3 above. In this case, the intermediary may insert the name/company name of the intermediary with a consecutive number in the license notice. In any case, the intermediary is obliged to transfer the above obligations to the customer, as described in more detail in 8.1 to 8.3 above. Furthermore, in the event of a suspected copyright infringement by the end customer, the intermediary is obliged to notify the seller of the end customer as the personal licensee and provide the seller with the customer's contact details.
In any case, a separate license must be purchased for each customer. The intermediary is entitled to transmit the digital sheet music to the customer by email.
9) Place of Jurisdiction/Applicable Law
9.1. The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. Insofar as there are no mandatory statutory provisions to the contrary, this also applies to customers who are consumers and who, at the time of the conclusion of the contract, do not have a domicile or habitual residence in an EU member state. For deliveries to consumers with a domicile or habitual residence in the EU, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2. In relation to entrepreneurs, the court of competent jurisdiction at the seller's place of business is agreed as the court of exclusive jurisdiction. Insofar as this does not conflict with any mandatory statutory provisions, this also applies to customers who are consumers and who, at the time of the conclusion of the contract, do not have a domicile or habitual residence in an EU member state.
9.3 The place of performance is the seller's place of business.
10) Alternative dispute resolution
10.1The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts in which a consumer is involved.