DH Brass e.U.
Owner: Andrea Hofer
Brombeergasse 16
4616 Weißkirchen an der Traun
Austria
Tel.: +43 (0)660 1234400
E-mail: info@dh-brass.at

PLEASE NOTE THAT THESE STANDARD BUSINESS CONDITIONS ARE A TRANSLATION OF OUR GERMAN STANDARD BUSINESS CONDITIONS, OFFERED FOR YOUR COMFORT. IN CASE OF DEVIATIONS, ONLY THE GERMAN VERSION IS DECISIVE!

General Information

  1. For business relationships of any kind between DH Brass e.U. and the customer the following standard business conditions apply in their respective current version. Deviating provisions or business conditions of the customer are not valid, unless this has been agreed on in writing.
  2. The depiction of the products in the online shop does not represent a legally binding offer, but only a non-binding presentation of our assortment of goods. By clicking the button for posting the order the customer effects a binding order for the products included in the shopping basket. The contract of purchase is concluded by the delivery of our order confirmation or the delivery of the goods. The text of the contract is saved. The order data and the link to our standard business conditions are sent to the customer by e-mail.
  3. DH Brass e.U. reserves the right not to render services/deliver goods when it becomes known after conclusion of the contract that the product is out of stock despite a corresponding order. In this case, the customer will be informed by e-mail. Consideration already made, if any, will be returned. Any additional claims against DH Brass e.U. are hereby explicitly excluded.
  4. The contractual language is German.

Shipping and Delivery

  1. The delivery is made at the customer’s risk. As soon as the goods are handed over to a transport company by DH Brass e.U., the risk is transferred to the customer. This also applies to partial deliveries. The delivery is made to the address stated by the customer.
  2. All prices include the statutory VAT, but do not include costs of packaging, insuring and delivering the goods if such arise.
  3. The delivery is made on the basis of the costs of delivery that were agreed. In case of delivery to third countries, fees and customs duties may accrue which have to be borne by the customer.
  4. The customer or his representatives are obligated to examine the goods immediately after receipt in order to find out whether they have been damaged upon transport. Transport damages that are determinable must be reported in writing immediately. In case of damages in packaging the customer is obligated to have such damages confirmed in writing by the transport company upon receipt of goods.
  5. Any information given on delivery terms is non-binding, unless a certain delivery term has explicitly been agreed on in writing.
  6. Claims for damages against DH Brass e.U. due to non-fulfillment or delay are excluded except for cases of deliberate intention or gross negligence.

Rights of refund

  1. The customer may withdraw from the contract in writing (e.g. letter, e-mail) within 7 days without giving any reason or, if the item has been delivered before expiry of said term, by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient. In case of recurring deliveries of the same type of goods not before receiving the first partial delivery.
    The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:

    DH Brass e.U.
    Owner: Andrea Hofer
    Brombeergasse 16
    4616 Weißkirchen an der Traun
    Austria
    E-mail: info@dh-brass.at

  2. In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss.
  3. Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customer’s specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.
  4. Objects suitable for shipment must be returned at customers risk. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered. DH Brass e.U. regrets not to be able to carry the shipping costs for return shipments from foreign countries as part of return guarantee.
  5. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned. For DH Brass e.U. the grace period begins with the receipt of the cancelation or the returned goods.

Warranty and claims for damages

  1. No warranty cover is provided for deficiencies or damages that result from negligent or inappropriate maintenance, improper installation, usage of unsuitable equipment or changes in the original parts by the customer itself or a not from DH Brass e.U. instructed third person.
  2. Likewise, no warranty cover is provided for wear and tear resulting from usage (e.g. wear and tear of instrument surface coatings).
  3. Commercial customers are obligated to examine the goods immediately and to notify us in writing of any deficiencies immediately, failing which the customers are not entitled to any warranty claims for such deficiencies. If such a customer accepts the receipt of such goods despite being aware of deficiencies, the customer is only entitled to warranty claims if he reserves this right explicitly and in writing after receipt of the goods.
  4. Warranty Claims by the customer concerning transport damages are only accepted, if he met the duty to inspection and disclosure like described at number 4 in the section Shipping and Delivery.
  5. The warranty period is 2 years for new and 1 year for used goods. It starts with the transfer of risk.

Guarantee

  1. In addition to the legal warranty, DH Brass e.U. provides a guarantee for all damages arising during the 12 month period starting from the passing of the risk, provided it can be proven that such damages were caused by a material deficiency or manufacturing error. Guarantee claims can be raised solely by the customer, who is a consumer and are not transferable. Business Consumers are excluded of the guarantee.
  2. Excluded from the guarantee are:
    • Used equipment.
    • Product defects caused by use or other wear and tear.
    • Product defects caused by insufficient attention to the technical instructions for use, by the inappropriate use of the article, or due to atypical environmental conditions, operating conditions foreign and inappropriate to the article, overloading or caused by inadequate maintenance or insufficient care.
    • Product defects caused by the utilisation of accessories, supplementary or replacement parts which are not original components of the article.
    • Products which have themselves been altered or supplemented as a whole.
    • Minor deviations from the normal state of the purchased article which are not significant in respect to the value or utility of the article.
  3. Product defects which should receive guarantee protection – as determined by DH Brass e.U. are to be corrected in the way, that the defective article will either be repaired free of charge as decided by the DH Brass e.U., or the defective article will be replaced by a fully functional equivalent (in some cases a later version). In this case DH Brass e.U. becomes the owner of products and product parts which have been replaced.
  4. Guarantee claims must be raised within the official guarantee period. For this purpose, the product in question should be returned to DH Brass e.U. with the original invoice at the expense of the customer.
  5. Claims other than those named in these guarantee conditions, concerning the correction or compensation of product defects, are not covered by this guarantee.
  6. The provision of guarantee services neither prolongs nor renews the guarantee period for the article in question.

Payment conditions

  1. Invoices of DH Brass e.U. have to be paid in full immediately, unless otherwise agreed in writing. In case of credit card payment the debit is effected upon the order of goods. Bank fees have to be borne by the customer.
  2. In case of delay of payment an interest rate of 5% above the up-to-date base lending rate is applied to the invoice amount. In case of verifiable damage for delay exceeding the interest amount, DH Brass e.U. is entitled to claim this damage.

Reservation of proprietary rights

  1. The goods remain property of DH Brass e.U. until all claims, including secondary claims, have been fully paid by the customer. In case of contracts with private customers the goods remain property of DH Brass e.U. until the purchasing price has fully been paid.
  2. The customer is not entitled to sell the goods to third persons before he fully paid the purchasing price. DH Brass e.U. also prohibits to take actions that endanger their property. DH Brass e.U. receives already now all claims from the customer against the purchaser in the amount of the purchase price agreed between the customer and DH Brass e.U. plus accrued interest and incidental claims. DH Brass e.U. accepts this assignment.

Place of execution and jurisdiction

  1. To the contractual relationship, the law of Austria applies to the exclusion of the UN convention on contracts for the international sale of goods.
  2. Place of fulfilment for all benefits resulting from the business relationship with DH Brass e.U. is 4616 Weißkirchen an der Traun.
  3. Exclusive place of jurisdiction for all claims is the local and objective responsible court for 4600 Wels. This also applies to suits brought by DH Brass e.U. against customers provided the customer is a company, a body corporate organised under public law or a funds under public law.

Disclaimer

  1. All offers in our online shop are non-binding and without obligation. DH Brass e.U. is entitled to change, delete its online assortment or to stop the publication at any time and without prior notice.
    DH Brass e.U. is not liable for the up-to-dateness, correctness or completeness of information put on http://www.dh-brass.at. Damage claims are excluded in this connection.
  2. DH Brass e.U. is not responsible for links that lead to information outside of the homepage http://www.dh-brass.at. DH Brass e.U. is thus not liable for such content if and when it has not known of any illegal actions or information or could not notice this circumstance and deletes the link in due time as soon as the illegality becomes know it. At the time of setting the links DH Brass e.U. didn’t notice illegal contents at the linked sites. Operators of home pages that do not accept links by DH Brass e.U. are asked to notify us thereof.
  3. DH Brass e.U. seeks to pay attention to all intellectual property rights relating to graphics, audio- and video recordings as well as texts, to use the ones which were generated by itself or to resort to public domain ones. All brand and trademarks displayed in our online shop and protected for third parties are subject to the intellectual property rights of their respective owners. Only because of nomination it must not be concluded that such trademarks are not protected for third parties. DH Brass e.U. has the exclusive copyright for publicized and self-made documents. Duplication or usage of graphics, audio- and video recordings as well as texts in other electronic or printed publications is not admissible without asking DH Brass e.U. for.
  4. The entering of personal data is voluntary. DH Brass e.U. only uses the data for its own purposes. The usage of contact data of DH Brass e.U. like geographical addresses, telephonenumbers and e-mail addresses by third parties is not admissible unless information has explicitly been asked for. In case of violation DH Brass e.U. reserves the right to take legal steps against the addresser of spam e-mails.
  5. This disclaimer is part of our internet services from which we refer to these standard business conditions.

Miscellaneous

If some of the provisions included herein are, for whatever reason, not applicable, this does not influence the validity of other provisions.

Entry into force, recall

These standard business conditions have entered into force on 5rd of August 2013 and substitute the standard business conditions applicable prior to this date.