KAIROS-MUSIC SHOP

Conditions of Use

All Terms of Use, Business and Delivery KAIROS MUSIC PRODUCTION Ltd.

General

The general terms of use, business and delivery (abbrev. UBD) are valid for all business transactions between the customer and KAIROS MUSIC PRODUCTION Ltd. (abbrev. KAIROS). The customer expressly declares herself/himself in agreement with these UBD. These UBD take precedence under all circumstances over all general business terms of the customer.

Contractual relationship

All communications supplied by the customer are valid at all times as tender for conclusion of an agreement. The customer is bound for two weeks from the time of deposition of the order or other offer by her/his contractual declaration. The term begins with acquisition of the offer to KAIROS. The customer is severally and expressly advised of the term and of the import of the customer declaration. The offer can be accepted by KAIROS as a formal or implied contract, whereby an implied acceptance exists per dispatch of the products ordered.

Price

All prices quoted by KAIROS include legal sales tax, but exclude all separately stated dispatch costs and transaction fees. Possible import or export fees occasioned by dispatch as well as any other customer related duties and taxes are at all times to be borne by the customer. Prices quoted on our internet site and in the price list are subject to change. We reserve the right at all times to revise information there given. Our prices are current prices and valid until cancellation. Charges are calculated in Euro.

Right of Withdrawal

Inasmuch as the customer is a consumer within the meaning of the Consumer Protection Law (abbrev. CPL), she/he may withdraw from a contract concluded over the internet site or from a declaration of contract given by her/him on occasion of use of the internet site until expiration of the period specified.

Thereby applies, that the withdrawal falls within the specified time period when the customer on the last day of that period executes her/his declaration and sends it by electronic means or by other means to KAIROS. The withdrawal period is 14 days, whereby Saturday does not count as a work day.

The contractual withdrawal period for the delivery of products from the range of goods offered begins on the day the product is delivered to the customer. The customer in each case is severally and expressly notified of withdrawal rights directly at the time of her/his declaration or the reception of the product or services.

This right of withdrawal is expressly excluded: on order of audio and audio-visual recordings, if the goods delivered are unsealed by the consumer. Unsealing occurs when the audio and/or audio-visual recording is physically separated from the standard trade packaging, possible moisture protective foil is removed from the product, audio recordings lacking packaging or sealing are reproduced the first time on playing equipment or otherwise operated in a fashion equivalent to an unsealing as here described.

In the case of withdrawal the customer is bound without delay to return the services received sealed and in original packaging, and to pay KAIROS a fee commensurate with the use, inclusive compensation for any reduction in the common value of the service occasioned by the use.

KAIROS is bound without delay to reimburse the customer for payment. The customer is expressly bound to accept all costs and delivery fees associated with return of the product. KAIROS is expressly authorised, in case of withdrawal by the customer to deduct the claims here named from the sum to be reimbursed and to remit solely the difference.

Payment date

Payment is due immediately on delivery of the products by KAIROS and is to be remitted without deduction, discount and free of charge to an account named by KAIROS. The customer is in particular bound to bear all possible bank fees associated with payment.

Payments and arrears

Should the customer fall into arrears with payment, KAIROS is authorised to charge interest for arrears of 5% over the basic lending rate as notified by the Austrian National Bank.

In case of arrears in payment the customer is bound to bear all costs associated with exaction of claims, such as particularly expenses of collection, according to regulations as issued by the Ministry of Economics Federal Law Nr.: 141/1996, as hereafter amended and if need be to bear all necessary legal costs adequate to prosecution. KAIROS is not bound to remind the customer in case of arrears. On receipt of a reminder notice, in which, anew, the customer.s liability to bear costs is indicated, the customer expressly declares her/himself in agreement as bearer of these costs. The customer is at the point in time of the reminder expressly notified of these consequences of her/his actions and also notified, that failing an objection by the customer, she/he agrees to bear all associated fees and costs adequate to the assertion of legal right.

Delivery and Compensation

Unless otherwise agreed, delivery of products occurs by standard modes of dispatch (post). At the point of time of transfer of the product to the dispatcher (post), risk and accident liability pass to the customer. From this point in time the customer bears the risk for hazard and accident, for accidental loss or destruction of the goods and for damage to the goods.

KAIROS is authorised in case of withdrawal by the customer to balance all claims according to § 5g para 1 Z 2 and para 2 CPL, which is the direct costs for the return, an appropriate reimbursement for the use of the product and compensation for any reduction in the common value of the product against the payment to be reimbursed to the customer.

Reservation of Property Rights

The product remains the sole property of KAIROS until full payment of all claims to KAIROS. In case of executive intervention affecting goods which are the property of KAIROS, the customer is obliged to notify KAIROS in writing without delay and to inform the intervening third party of KAIROS ownership rights. The customer is liable to KAIROS for all damages incurred.

Intellectual Property Rights

The purchaser takes express note that products distributed by KAIROS enjoy intellectual property rights of third persons. Every use of this product beyond strictly private use is expressly forbidden.

Data protection & Customer assent

The customer is expressly in agreement and gives her/his assent that her/his personal data such as first name, surname, address, postcode, telephone number, email address and contact information on her/his account required for fulfilment of all reciprocal rights and duties in the course of the contract concluded with the customer may be collected, forwarded, processed and used. The customer is expressly in agreement that her/his personal data for the fulfilment of reciprocal rights and duties is made available automation assisted to auxiliary persons by KAIROS.

Auxiliary persons are bound by KAIROS to comply with the data protection law.

The customer is to be notified and informed at the point in time of delivery of her/his purchase of the nature and purpose of use of her/his personal data. The customer is expressly in agreement with the recording of her/his personal data in the customer database of KAIROS and declares her/himself in agreement with the keeping of customer information of all manner, until informal cancellation at all times.

Our data information office can be reached at: office@kairos-music.com

Guarantee

The purchaser expressly acknowledges that KAIROS in case of presentation of legal conditions of a claim under the title of guarantee is entitled for the present to rectify the claim in the form of an exchange or alternative to the deficiency.

The customer may assert claim to any price reduction only after the unsuccessful expiry of a term of rectification to be agreed according to each individual case.

The defective product is to be returned without delay to KAIROS. KAIROS is not liable for subsequent damages, direct damages, forfeiture or lost profits, and is liable moreover only at presentation of intent or gross negligence.

In mutual agreement and expressly, liability is excluded on presentation of minor negligence.

The guarantee complies with legal provisions.

Use of the Internet site

The customer is not entitled to use the content, graphics, text sources, offers, price quotations, logos, trade marks, brands, intellectual property rights, or other content of the internet site of KAIROS for anything other than private use.

General provisions

As far as any legal transaction is not covered by the CPL, the parties mutually agree that any disputes on issues touching on the conclusion or cancellation of a contract shall fall under the competence of the appropriate court in Vienna. The UN sales law as well as all provisions derived form the UN sales law are expressly excluded. The contractual parties agree, to the extent there are no opposing compelling legal provisions, the application of Austrian law.

When the customer is a consumer within the meaning of the CPL, the competence of that court is constituted which lies in the district of residence, the usual place of abode or the place of employment of the customer.

The invalidity, nullity, resp. cancellation of single provisions of this contract does not alter the legal validity of this contract.

Those provisions of the contract abrogated as ineffectual or invalid shall be superseded by those nearest forthcoming commercially intended provisions.

Place of execution is the registered office of the company.

Formulation 01/2007


Start » Catalog » Conditions of Use	My Account \| Cart Contents \| Checkout