General terms and conditions of business
OPUS MUSIC PUBLISHING
1. scope of application
OPUS MUSIC PUBLISHING, Straßengelstraße 3, 8111 Gratwein-Straßengel, Austria hereinafter "Opus" distributes various merchandise products of the music group OPUS.
All offers and products available in our webshop https://opus.at/shop or contracts concluded via this webshop are exclusively subject to these General Terms and Conditions ("GTC") in the version valid at the time of ordering. Any terms and conditions of the customer deviating from these Terms and Conditions shall not apply unless we have agreed to their validity in writing.
2. contracting party
You conclude a contract with your purchase on https://opus.at Shop:
OPUS MUSIC PUBLISHING
- hereinafter referred to as "Opus" or "We" -
3. offer and conclusion of contract
The presentation of our products in the online shop does not represent a legally binding offer.
By clicking on the button "Order subject to payment" the customer makes a binding offer to conclude a purchase contract with us. We are not obliged to accept this offer. The customer is - subject to a legal right of withdrawal - bound to his offer for two working days.
By placing an order, the customer declares that he/she agrees with these terms and conditions. The GTCs apply exclusively, unless they are amended or supplemented either by supplementary special GTCs for certain company divisions or by express individual written agreement.
The receipt of your offer is confirmed by an automatically generated e-mail to the e-mail address you have provided ("Order Confirmation"). This e-mail does not constitute an acceptance of your offer. Please check the order data in the order confirmation. If you find an error or change your mind about the order, please let us know as soon as possible.
We can accept the customer's offer by confirming the offer in a further e-mail ("order confirmation") or by sending you the purchased product.
4. terms of delivery and delivery periods
Our offers are open to all customers.
The delivery times listed in the webshop are approximate. Should there be different delivery times for a particular product, these are indicated directly on the product page.
We are entitled to execute the order in partial deliveries even without the customer's corresponding request.
If we are prevented from adhering to delivery dates by force majeure (e.g. strike, pandemics, natural disasters) or other circumstances beyond our control, we will inform you as soon as possible. The delivery period shall be extended by the duration of these events.
If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, we are entitled to withdraw from the contract. In this case, the customer will be informed immediately and, if necessary, the delivery of a comparable product will be suggested. If no comparable product is available or if the customer does not wish to receive a comparable product, we will immediately reimburse the customer for any payments already made.
5. prices, shipping costs
The prices quoted in our webshop are in EURO and include all taxes, but not the shipping costs. The shipping costs depend on the respective product / delivery. The amounts stated at the time of ordering shall apply. The customer will be informed again about the prices, taxes and shipping costs in the order confirmation before the order is completed.
The prices quoted do not include any costs for additional services such as shipping and packaging.
From a minimum order value of EUR 150,- in Austria and EUR 200,- within the EU the shipping costs are omitted. Outside the EU, shipping costs are always charged.
6. (copyright) rights to digital content
Digital contents are protected by copyright. The customer is granted the simple, non-transferable right to use the offered digital contents for exclusively personal use in accordance with the copyright regulations (UrhG) in the respective offered manner.
The customer is permitted to download digital content once and to copy it to terminals of his choice for personal use only. Any other use, modification, copying or transfer to third parties or to make the content publicly accessible or forward it, make it available on the Internet or in other networks, whether for payment or free of charge, imitate, print, resell or use it for other commercial purposes is not permitted.
The customer will be enabled - as well as possible - to download further files after the first complete download (re-downloads); however, there is no right to this. Opus may change, suspend or discontinue the download option at any time, temporarily or permanently.
Opus may also delete digital content from the customer's account if there is good cause to do so, particularly if there is a suspicion of infringement. This does not apply to digital content that is already in the customer's storage location.
7. terms of payment
Payment must be made when the order is placed. Unless otherwise agreed, the invoice amount is due for payment immediately. If the customer defaults on payment, Opus shall be entitled to charge default interest at the statutory rate from the due date.
In the event of default, the customer undertakes to reimburse the reminder and collection expenses incurred, insofar as they are necessary and appropriate for appropriate legal prosecution.
If third party providers are commissioned with the payment processing, e.g. Paypal or credit card providers, their general terms and conditions of business and payment apply in addition.
8. payment methods
The following payment methods are available:
In case of prepayment the customer has to transfer the total amount to the following account:
Account holder: Ewald Pfleger
Bank: Raika Gratwein/Judendorf-Strassengel
IBAN: AT20 3813 8000 0510 4310
After receipt of payment the ordered goods will be shipped.
9. reservation of title
All goods or products delivered by us remain the property of Opus until full payment has been received.
10. right of withdrawal or revocation for consumers
If the customer is a consumer within the meaning of the KSchG, he has the right to revoke the contract declaration or an already concluded contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period shall begin on the day on which you or a third party designated by you, other than the carrier, took possession of the last goods. If we have not complied with our obligation to inform you of the existence of the right of cancellation (conditions, deadlines and procedure for exercising this right), the cancellation period shall be extended by twelve months. If we make up for the provision of information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the revocation period shall end 14 days after the date on which you receive this information.
In order to exercise your right of revocation, you must inform us by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient that you send the notification of your decision to exercise your right of revocation before the end of the revocation period.
Consequences of revocation:
If you revoke your offer or a contract which has already been concluded, we shall reimburse you for all payments which we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract.
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 a refund until we have received the goods back from
or until you have provided proof that you have returned the goods, whichever is earlier.
The revocation is not valid for already received deliveries, but only for future deliveries and must be made in writing.
You shall receive the goods 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:
OPUS MUSIC PUBLISHING
to be returned or handed over. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall be liable for any loss of value of the goods or products if such loss of value is due to any handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
A revocation is excluded for goods and products which are manufactured according to customer specifications, are not prefabricated or are clearly tailored to personal needs and for whose manufacture an individual selection or determination by the customer is decisive.
Goods which can spoil quickly or whose expiration date would be quickly exceeded;
Goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
11. warranty and liability
The warranty is based on the statutory provisions.
We are only liable for damages that we or our vicarious agents have caused you intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act.
Our services shall be deemed to have been duly accepted by the customer upon delivery of the goods or product.
Any further liability of the seller is excluded.
12. data protection
To use the webshop for the first time, the customer must register by providing his contact details. If the customer uses his online customer account, we store the data necessary for the fulfilment of the contract, this includes payment data. Furthermore, we store the voluntary data provided by the customer for the duration of the customer account's use.
Opus reserves the right to suspend, block or delete a customer account if it suspects misuse.
All data in the password-protected customer area or under our contact details can be changed at any time. The data processing in the web shop is based on Art 6 para. 1 lit b DSGVO and serves the execution of the contract.
13. final provisions
The place of performance is the registered office of Opus.
Every contract concluded in our web shop is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and its referral norms.
The contract language is German.
Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The ineffective regulation is replaced by the relevant legal regulation
The text of the contract is not saved. We recommend to archive our order confirmation as well as the attached AGB.
If the customer is a consumer within the meaning of the KSchG, the customer may only be sued in the courts in whose district his residence, his habitual abode or his place of employment is located.
If you want to cancel your contract with Opus, please fill out and return this form)
OPUS MUSIC PUBLISHING
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / (* Delete as applicable)