TERMS & CONDITIONS
§ 1 SCOPE OF APPLICATION
(1) For the business transactions of Play Art Multimedia Handels GmbH, Dürne 76, 6842 Koblach, Austria, company register number FN 186835h (hereinafter referred to as “Play Art”) and you (hereinafter referred to as the Customer) these General Terms and Conditions (GTC) shall apply exclusively. They are binding for all current and future business transactions with Play Art, even if no express reference is made to them.
(2) Regulations deviating from or supplementing these general terms and conditions – in particular general terms and conditions of business or purchase by customers – only become part of the contract if these have been expressly confirmed in writing by Play Art.
(3) The current version of the General Terms and Conditions can be copied and printed out here.
(4) Play Art is entitled to amend these General Terms and Conditions in accordance with § 13 para. 4.
§ 2 REGISTRATION AS A USER
(1) Your registration for our webshop is free of charge. There is no entitlement to admission to our web shop. Only persons of full age (18 years of age or older) are entitled to participate. At our request, you are obliged to send us a copy of your identity card. To register, please fill in the registration form available on our website electronically and send it to us online. The data required for registration must be provided completely and truthfully. During the registration process, you choose a personal user name (your e-mail address) and a password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from the declaration of your agreement to the validity of these General Terms and Conditions, your registration does not entail any obligations. If you wish to delete your account, please send an e-mail to: firstname.lastname@example.org. Only by registering with us is there no obligation to purchase the goods we offer.
(3) If your personal details change, you yourself are responsible for updating them. All changes can be made online after registration under “My Account”.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of our goods does not constitute a binding offer on our part, but merely a non-binding online catalogue. By clicking on the button ” Place order” you submit a binding offer to purchase the goods or services contained in the shopping cart (order). The confirmation of the receipt of your order by e-mail (order confirmation) follows immediately after sending your order and does not constitute an acceptance of contract by Play Art. The order confirmation merely informs you that your order has been received.
(2) A contract (purchase) is only concluded when Play Art sends the ordered product to you and confirms the dispatch to you with a second e-mail (dispatch confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate contract of sale will be concluded between us in respect of each Shipping Confirmation for the products listed in the respective Shipping Confirmation. Irrespective of your right of cancellation in accordance with § 4, you may cancel your order for a product at any time free of charge before the associated shipping confirmation has been sent.
(3) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the framework of our Internet offer. Should the price information on the website be incorrect, Play Art will inform the customer about this immediately by e-mail according to § 5 paragraph 6 and will not execute the purchase. If the customer has already paid the purchase price, Play Art will refund the amount in full.
(4) You can recognise any input errors when submitting your order at the final confirmation before checkout and correct them at any time with the help of the delete and change function before sending the order.
(5) The data required for the processing of the contract between you and us will be stored by us and are accessible to you at all times. In this respect we refer to the regulation of data protection in our AGB.
(6) The language available for the conclusion of the contract is exclusively German.
§ 4 RIGHT OF WITHDRAWAL FOR CONSUMERS
As a consumer, i.e. as a natural person who places an order for a purpose that is predominantly neither commercial nor self-employed, you have a right of withdrawal. You will find the form for a model declaration of revocation in Appendix I to these GTCs.
As consumers, you have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party, other than the carrier and designated by you, took possession of the goods.
To exercise your right of withdrawal, you have to inform us
Play Art Handels GmbH Dürne 76
Tel.: +43 5523 62365-31 (ready2music webshop department)
Fax: +43 5523 62365-4
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail ). You may use the attached model revocation form, which is not mandatory.
If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a withdrawal.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the execution of the right of withdrawal before the end of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from the fact that you have chosen a method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the date on which we receive notification of your cancellation of this Agreement.
We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.
The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. We bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to non necessary handling by you as observed in testing the nature, properties and functioning of the goods in question.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
Please note: There is no right of withdrawal for the delivery of goods that are manufactured according to customer specifications or clearly tailored to your personal needs, or goods that differ from the factory design (these include, among others, one-off productions such as “Special Editions”), for audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery, for the delivery of digital content not stored on a physical data carrier (e.g. download of a game), if Play Art has provided such content in full and you have taken note and expressly agreed prior to the order that we may commence with the provision of the service and you lose your right of withdrawal if the contract is fully performed (§ 18 FAGG)
For shrink-wrapped and/or sealed data carriers (e.g. CDs, video cassettes, DVDs, PC and video games and software) this means that we only take back the goods in the unopened shrink-wrapped film or with an undamaged seal.
End of WITHDRAWAL INSTRUCTION
§ 5 PRICES AND TERMS OF PAYMENT
(1) The prices quoted by Play Art include the legal value added tax, but not the shipping costs. The final price including the shipping costs will be indicated with each order.
(2) Promotional prices and special offers are only valid for the specified period or while stocks last.
(3) In principle, we accept the payment methods credit card, PayPal and instant bank transfer (Sofortüberweisung). We reserve the right not to offer certain payment methods and to refer to other payment methods for each order. In the case of purchases by credit card, your credit card account will be charged when you click on the button “Place order”.
(4) You agree to receive invoices and credit notes exclusively in electronic form.
(5) Please note that we only accept payments from accounts within the European Union (EU) and Switzerland. Under no circumstances do we cover the costs of a money transaction.
(6) Play Art shall endeavour to ensure that the prices quoted reflect the applicable purchase price at the time of posting on the website. However, our website contains a large number of different products, so that despite all care taken, it may happen that some products show incorrect prices. Should Play Art discover a pricing error for a product, we will inform the customer and give the customer the opportunity to either purchase the product(s) at the correct price or cancel the order. Play Art will not execute the transaction until the customer has given instructions. In the event that contact cannot be established within a reasonable time, Play Art will cancel the order.
§ 6 RETENTION OF OWNERSHIP
The goods remain our property until full payment.
§ 7 TERMS OF DELIVERY
(1) Play Art delivers the goods according to the agreements made with you. Unless otherwise agreed, the goods will be delivered to the address provided by you (delivery address) during normal business hours. If you have ordered several goods at the same time, these orders each represent individual contracts and deliveries are always made separately; however, such orders can also be combined into one overall delivery. You will not incur any additional costs as a result.
(2) Any shipping costs incurred are listed in the product description and are shown separately on the invoice. The pure delivery time is 1-3 working days for ordinary goods, depending on the selected mode of dispatch and place of dispatch. The delivery time of goods that are produced according to customer specifications or clearly tailored to your personal needs, or goods that deviate from the factory design may vary due to additional production steps.
§ 8 SUBCONTRACTORS
Play Art is entitled to use subcontractors to fulfil its contractual obligations.
§ 9 WARRANTY
The statutory warranty regulations apply.
§ 10 DATA PROTECTION
§ 11 LIMITATION OF LIABILITY
(1) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. Play Art assumes no liability for the permanent or uninterrupted availability, the accuracy of the content as well as the freedom from viruses of its online trading system, in particular Play Art is not liable in cases that lie outside the sphere of influence of Play Art, such as internet connection problems or force majeure.
(2) If there are interruptions in the availability of the platform – whereby Play Art will reduce maintenance times and further development times to a necessary minimum – Play Art is not liable to the customer for loss of data or other damages resulting from this, unless they are caused by intent or gross negligence.
(3) Play Art is liable without limitation for damages caused by Play Art from injury to life, body or health (personal injury) as well as for all damages caused intentionally or through gross negligence. Play Art is only liable for slight negligence if essential contractual obligations (so-called cardinal obligations) are violated, whereby the liability is limited to contract-typical and foreseeable damages. Cardinal obligations are such obligations which the contract has to grant to the contractual partner according to its meaning and purpose or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. Play Art is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences. The liability according to the product liability law remains unaffected.
(4) The above liability regulations also apply to vicarious agents and legal representatives of Play Art. They apply to all contractual and legal claims, including those arising from tort.
§ 12 ONLINE DISPUTE MEDIATION
As a consumer, you have the possibility to settle disputes in connection with the purchase of our products online. For more information, please visit the EU’s website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE or contact the Internet Ombudsman: http://www.ombudsmann.at/.
§ 13 FINAL PROVISIONS
(1) Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) The place of jurisdiction is exclusively the registered office of Play Art as agreed, if the customer is an entrepreneur in the sense of § 1 Consumer Protection Act (KSchG) or a person without a permanent residence in a member state of the EU or if the user has moved his permanent residence to a country outside the EU after these terms and conditions have come into effect or if the residence or usual place of residence of the customer is not known at the time of filing a suit.
(4) Play Art reserves the right to make changes to the website, rules, conditions including these terms and conditions at any time. Play Art will only make such changes for good cause, in particular due to changes in the law, legal requirements or other important reasons. For each purchase, the current terms and conditions at the time of the order apply.
(6) Should individual provisions of this contract be ineffective or contradict the legal regulations, the rest of the contract shall not be affected. The ineffective provision shall be replaced by the parties to the contract by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply accordingly in the event of loopholes.