DeutschEnglish
Mirabellplatz 1
5020   Salzburg
office@blaeserphilharmonie-mozarteum.at

General terms and conditions for purchases from the Online Shop of the Bläserphilharmonie Mozarteum Salzburg

Universität Mozarteum Salzburg
Mirabellplatz 1
5020 Salzburg

Tel.: 43 662 6198 3524
Fax: +43 662 6198 3509
E-Mail: materialanforderung@moz.ac.at
Status: 4 May 2011

    1. Area of validity
    2. Contractual relationship
    3. Right of withdrawal
    4. Prices
    5. Delivery
    6. Conditions of payment
    7. Reservation of proprietary rights
    8. Guarantee
    9. Copyright, software licences
    10. Data protection
    11. Severability clause
    12. Choice of law and place of jurisdiction

1. Area of validity
These general terms and conditions apply exclusively to purchases in the Online Shop of the Universität Mozarteum Salzburg (subsequently abbreviated as "MOZ") and to the delivery of the purchased goods.
By submitting an online order the purchaser agrees to these general terms and conditions and is bound by them. The application of trading conditions of the purchaser is excluded; this also applies even if the purchaser sends his/her own trading conditions and MOZ consequently makes a delivery, or if no contradiction is made on receiving the business conditions of the purchaser.

2. Contractual relationship
Information in our price lists, advertisements, marketing brochures and on internet pages is always subject to alteration. We expressly reserve the right at any time to make changes to the information given. The presentation of goods in the web shop does not yet represent a legally binding offer for the conclusion of a purchase contract. MOZ assumes no guarantee that a sufficient amount of goods presented there are available in case the consumer makes an order.

Orders by the consumer are binding offers at the conclusion of a contract. Orders which are made via our internet pages are regarded as permitted at the point in time when we receive the electronic order. MOZ will confirm receipt of the order without delay. However, confirmation of receipt does not yet mean acceptance of the offer. MOZ can choose to accept the offer of the consumer within a period of 30 days by immediate dispatch of the goods or by conveying a written order confirmation; in this way the order comes into being. The date of sending is binding here. Silence on the part of MOZ does not mean that the order by the consumer has been agreed to or accepted. The contract only comes into being with the acceptance of the order. Acceptance of the order occurs at the latest when the goods are delivered. MOZ is entitled to reject acceptance of an order without stating any reasons.

3. Right of withdrawal
People who place orders and are consumers in the sense of the consumer protection law, can, within a term of 7 working days – whereby Saturday does not count as a working day – from receipt of the delivery of the ordered goods withdraw from a long-distance contract or from a long-distance contractual declaration. It is sufficient if the declaration of withdrawal is sent off within the term. The withdrawal declaration is to be submitted in writing to the Universität Mozarteum Salzburg, Verwaltungseinheit Wirtschafts- und Beschaffungswesen, Mirabellplatz 1, 5020 Salzburg, or via E-Mail to materialanforderung@moz.ac.at. This right of withdrawal does not apply to contracts concerning audio or video recordings or software, if the delivered goods have been unsealed by the consumer. Used goods or goods not in the original packing are also excluded from the right of withdrawal.
In the case of withdrawal and if payment has already been made, it will be reimbursed entirely or partially as and when the goods received by the person making the order have been returned. Expenditure incurred for returning goods is borne by the consumer; delivery charges can in general not be reimbursed.

4. Prices
Prices are valid as stated at the time when the order is made. Unless otherwise stated, all prices are given as gross prices, i.e. inclusive of the legal value added tax but expenses for packing and dispatch have to be added according to the following list:

Costs for packing and dispatch of CDs and DVDs:

Inland

0-199 grammes

2,00 €

200-400 grammes

4,00 €

401-2000 grammes

6,00 €

2001-4000 grammes

7,00 €

4001-8000 grammes

8,00 €

8001-10000 grammes

10,00 €

10001-20000 grammes

15,00 €

 

Europa

0-199 grammes

5,00 €

200-400 grammes

9,00 €

401-2000 grammes

15,00 €

2001-4000 grammes

20,00 €

4001-8000 grammes

25,00 €

8001-10000 grammes

28,00 €

10001-20000 grammes

48,00 €

 

Welt

0-199 grammes

8,00 €

200-400 grammes

15,00 €

401-2000 grammes

25,00 €

2001-4000 grammes

30,00 €

4001-8000 grammes

45,00 €

8001-10000 grammes

52,00 €

10001-20000 grammes

90,00 €

 

 

If export or import duties should become due in the course of dispatch, these are charged to the person making the order. Dispatch is made in principal without insurance. Subject to change.

5. Delivery
Goods are sent by the Austrian Post AG to the address stated by the person making the order. Goods are packed in a manner customary to the trade. The consumer has to arrange for disposal of the packaging at his or her own cost. We make every effort to dispatch the products ordered by you as quickly as possible. If delivery is not possible within 30 days, you will receive notification from us. To a reasonable extent we are entitled to arrange for partial deliveries to be made. Operational disruptions and events resulting from force majeure as well as other occurrences beyond the influence of MOZ, especially delays in delivery and such things on the part of suppliers, entitle MOZ to withdraw from the part of the contract not yet fulfilled.

6. Conditions of payment
Payment occurs by means of PayPal with a credit card (e.g. Visa, Mastercard). Goods are dispatched to the person making the order only when the amount stated on the invoice has been fully paid. It is explicitly forbidden for the person making the order to assign claims against us to third parties.

7. Reservation of proprietary rights
Delivered goods remain the property of MOZ until full payment has been made of the purchase price including all subsidiary charges.

8. Guarantee
In the absence of other regulations in these general terms and conditions and / or in the contract, legal conditions apply. Possible complaints can be addressed in writing to MOZ or sent via E-Mail to materialanforderung@moz.ac.at. MOZ assumes no guarantee for usual wear and tear of the goods or for faults occurring due to improper handling. Liability for damages, if not based on intent or gross negligence, is excluded. In particular, compensation for consequent damage, other collateral damage and losses or lack of profit due to incorrect, delayed or non delivery, is excluded. Liability for damage to persons as well as according to the law on product guarantee is not limited by the existing regulation.

9. Copyright, software licences
The person making the order is aware of the fact that books, film and sound recordings distributed by us enjoy copyright protection. The person making the order is explicitly prohibited from making any form of duplication, distribution or other usage of these goods going beyond individual private use.

10. Data protection
The consumer agrees to the fact that the data stated by him or her will be stored and processed, taking account of the regulations according to the law on data protection. The consumer explicitly agrees to the storing of his/her address details in our data bank of clients and declares his or her agreement with receiving client information unless stated otherwise. It goes without saying that data are treated confidentially and will not be passed on to third parties.

11. Severability clause
If individual terms of these terms and conditions are or become ineffective, the validity of the other terms of these trading conditions are not thereby affected. The ineffective term is replaced by a substitute provision which comes closest to the intended regulation.

12. Choice of law and place of jurisdiction
It is agreed that Austrian law applies for all conflicts resulting from or related to the business relationship under exclusion of norms of international private law and of the UN Convention on Contracts for the international sale of goods. The place of jurisdiction for all conflicts resulting from or related to the business relationship is Salzburg, Austria.

Information according to ECG:
    Universität Mozarteum Salzburg
    Mirabellplatz 1
    5020 Salzburg
    Tel.: 43 662 6198 3524
    Fax: +43 662 6198 3509
    E-Mail: materialanforderung@moz.ac.at
    UID-No.: ATU37674904