terms and conditions
1. General provisions
1.1. Terms of Service
The general terms and conditions apply to all services and also deliveries of goods by the service provider. Unless otherwise agreed, these terms and conditions are an integral part of the contract between the service provider and the customer.
2.1. A contract is generally concluded from the completed order process and a written confirmation from the service provider. The time of conclusion of the contract is upon receipt of the order confirmation, usually by email, by the service provider.
3. Prices / estimate
3.1. The prices shown apply at the time of the order. However, changes are reserved at any time under certain circumstances.
3.2. If the service provider publishes the prices that are expected to be charged orally or in writing, the following applies:
The cost estimates are not guaranteed unless a binding price has been agreed, in accordance with Section 5 (2) KSchG. In this respect, the cost estimates are non-binding. If it should be the case that the costs are exceeded, the service provider will inform the client – as far as possible – beforehand. The service provider and the client will therefore agree on the further procedure. If the customer mistakenly selected the wrong product during the ordering process, the service provider can invoice the missing surcharge or adjust the product to the paid specifications.
4.1. Due to the personalized and customer-specific service and production, the buyer can no longer withdraw from the purchase contract from the time of the order and the outgoing order confirmation. The above-mentioned time of contract conclusion applies.
4.2. Unless otherwise stated, the right of withdrawal does not apply to distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.
4.3. The service provider can revoke the contract at any time if it is not possible for him to deliver the product to the customer due to the relevant circumstances and missing requirements.
5.1. The service provider will, as far as possible, meet agreed deadlines for completion / delivery. The approximate period of manufacture until dispatch is communicated in writing, but is only a guideline and estimate and therefore does not create any commitment. If unforeseen circumstances occur that make it impossible to meet the deadlines, the service company will name a new period for the service / delivery. The service provider will, as far as possible, inform the customer about delays in the appointment.
6.1. Basically, the prices apply according to the time of the order or after order confirmation. Except – see cost estimate – something else would have been agreed. The client must pay the final amount according to the invoice immediately upon receipt of the same. The payment conditions result from the ordering process. The service provider is entitled to request the entire invoice amount in advance when placing the order.
7. Goods Delivery
7.1. The process of producing and manufacturing the order begins immediately after the outgoing order confirmation. Since, as already mentioned, these are tailor-made and customer-specific products, the client can no longer withdraw from this point of time and cannot call them back.
7.2. After production, the goods will be handed over to a transport company / person freely selectable by the service provider, unless expressly agreed otherwise. From this point on, liability is transferred to the client. In the event of improper transmission / damage during transport, the client must take care of damages through the transport company. The service provider can under no circumstances be held responsible. The customer bears the full costs of the transport.
7.3. If the customer refuses to accept the goods or the goods come back, the costs for all additional costs incurred and for the new shipment are with the customer and can be requested by the service provider without exception. In the event of renewed refusal to accept the goods, the service provider reserves the right to withdraw from the contract and to retain the full invoice amount as compensation after a period of notice given in writing. He also reserves the right to claim higher damages. This also applies from the time of receipt of a serious declaration of refusal by the customer.
8.1. Obvious defects should be reported by the customer as soon as possible, at least within a period of 10 working days after receipt of the goods. Hidden defects may only be objected to 30 days after receipt of the goods by the customer. In both cases, the check is carried out by the service provider.
8.2. If the defects concern part of the delivery, the entire delivery must not be rejected.
8.3. In the event of a complaint with an obvious fault on the part of the service provider, the service provider must be given a reasonable period for the replacement delivery. If this is not possible on the part of the service provider, the client may request a reimbursement of the defective part with the defects. A further guarantee, in particular for consequential damage caused by a defect, is excluded unless there is gross negligence or wilful intent on the part of the service provider.
9. Place of performance / place of jurisdiction
The place of performance is the seat of the service provider. The court at the seat of the service provider is solely responsible for all disputes. If the customer moves his place of residence, habitual residence or place of employment abroad after conclusion of the contract, the aforementioned court remains responsible. The service provider is also entitled to sue the customer at the court of its registered office.
The service provider is only liable for intent or gross negligence. Liability for consequential damage caused by the products of the service provider is excluded. The client uses the products at his own risk and liability.
11.1. With the completion of the order, the client declares that he has all the necessary rights to reproduce the material presented and guarantees that the copyrighted remuneration is correct and that the service provider cannot be held responsible in any way. The client is liable for all material provided without exception.
11.2. By concluding the contract, it is bindingly agreed that the service provider will be brought by the client without complaint in any direction. In particular, this applies to all claims by third parties, including all claims by copyright or ancillary copyright companies or corresponding organizations, as well as any attorney and court costs that result from an alleged or actual violation of such rights. Ancillary copyrights are understood to mean the rights of publishing when music is taken over by a music publisher with subsequent reproduction. In addition to the composer’s rights, the publisher also has a right to the current recording.
11.3. The production and duplication of single vinyl copies are only permitted for private personal use. Commercial intent is not allowed. The copy template, i.e. the audio material sent, must be legally obtained in any case. The service provider is under no obligation to clarify the origin of the transmitted audio material and cannot be held responsible in the event of any violation
11.4. by ordering from the phono.space record store the customer instructs phono.space to manufacture a private personal copy of the music displayed. for all of the releases displayed, the artists have been given the right to duplicate the material for personal and private use. the price of music in the record store is only the price of the manufacturing cost of phono.space and not of the finished vinyl record as so.
In the link below is the entire legal regulation for the Austrian copyright law. Detailed regulations on the subject are dealt within Section 42.
11.5. The service provider undertakes to store all data and materials sent, physically or non-physically, with care and not to pass them on to third parties and can delete or destroy them if necessary.
Philipp Fasching e.U.
tel: +43 664 99 22 013