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TERMS AND CONDITIONS
Mikhael Beim (Einzelunternehmer)
Vienna, 1040 – AT
tel. +43 (0)676 8444 89 222
UID VAT ATU56918857
WKOE – Austria 1290300 – "Betrieb eines Musiklabels"
§ 1 General
(1) The following terms and conditions of the web shop of birdkids, powered by Big Cartel (herein referred to as: birdkids) apply in the version which is valid on the day an order is placed for the sale and delivery of goods from the web shop of birdkids. Any divergent agreements must be made in writing. When they place their order customers agree to be bound by these terms and conditions.
(2) If individual provisions of these terms and conditions are wholly or partly invalid because of the applicable statutory regulations, this will not affect the remaining provisions of these terms and conditions.
§ 2 Conclusion of contract
(1) By clicking on the 'Buy Now' button the customer submits a binding offer to buy the goods in the shopping basket and accepts the terms and conditions.
(2) The contract comes into force when the order is accepted by birdkids, either in the form of an order confirmation by post, phone or e-mail, or at the latest with delivery of the goods. The customer must fill in the fields of the order form and provide the relevant information accurately and in full.
(3) birdkids reserves the right to change the content of what it offers at any time. All birdkids offers are subject to confirmation and are to be understood as an invitation to the customer to make an offer.
§ 3 Rücktrittsrecht - withdrawal by EU Consumer Protection Act
(1) Customers who are consumers within the meaning of the Consumer Protection Act, can cancel the purchase within 14 days from receipt of the goods without indicating a reason for the cancellation. It is sufficient if the written declaration of cancellation (example form can be found here) or the goods are sent off within the above period, without the indication of any reason for the cancellation or return (the date of the postal receipt is decisive).
(2) In the event of a cancellation the purchase price will be refunded in return for the return of the goods by the customer. The precondition is that the goods should be unused and in a condition which enables them to be resold. The cost of returning the goods will be at the expense of the customer.
(3) Articles which are damaged or affected by traces of use are excluded from return.
(4) 'Money back' guarantee: 14-day right of return for unused goods. In accordance with your wishes the purchase price will be refunded to you, or it can be offset against a replacement order.
§ 3.1 Returns / Refunds outside the European Union
Refunds on purchases made from outside the European Union are discretionary and reviewed on a case by case basis. All refunds must be requested within 40 days of the shipping date. Goods should never be returned without an explicit, written declaration of return/refund submitted ahead. All returns made without an explicit, formulated declaration, will be returned to sender unopened, the sender also then becomes eligible for the return postage cost. The precondition of considering a return is that the goods should be unused and in a condition which enables them to be resold. The cost of returning the goods will be at the expense of the customer. If we deem the returned item as faulty we can discuss reimbursing some or all of the return postage cost.
§ 4 Prices
(1) The prices indicated in the web shop are quoted in Euros and are netto prices, excluding VAT and excluding shipping costs. The prices remain valid until further notice.
(2) If export or import charges are incurred in the course of shipping, such charges will also be at the expense of the customer. The prices of the goods and services offered do not contain costs which are charged by third parties.
§ 5 Terms of delivery
(1) Delivery shall be made by post. Normally the goods shall be handed to the postal service within 2-5 working days from the date of order.
(2) If the delivery period is longer than 14 working days, the customer has the right to withdraw from the contract. Any payments already made will be refunded without delay.
(3) If birdkids is unable to accept an order, for example if the goods aren't available, the customer will be informed without delay.
(4) Delivery will be made to the address indicated by the customer. In the case of incorrect, incomplete or unclear information provided by the customer, the customer will be responsible for any resulting costs.
§ 6 Payment methods
(1a) Online payment by PayPal: The PayPal terms and conditions apply.
(1b) Online payment by Stripe: The Stripe terms and conditions apply.
(2) Payment in advance: you will receive a pro forma invoice. The goods will be shipped as soon as the full invoice amount is credited to the account of birdkids.
(3) COD payment: only possible in Austria. When the goods are delivered by the Postal Service the invoice amount is collected in cash.
Mikhael Beim (owner)
Postal Code: 20111
Acct. Nr: 28323526602
§ 7 Defects
(1) If the parcel shows external damage when it is delivered, for purposes of a possible refund the customer should, together with the person making the delivery (postman/delivery personell), describe the defects in writing and make a check on the goods. Without a record of the damage confirmed by the carrier birdkids will not be able to make a free replacement delivery or refund the value of the goods.
(2) Defects must be reported in writing or by fax without delay and at the latest seven days after receipt of the goods.
(3) In the event of a justified defect birdkids will, at its own discretion, have the right to either remedy the defect or make a replacement delivery. If the attempt to remedy the defect is unsuccessful, or if birdkids is not in a position to make a replacement delivery, the customer will have the right to demand a reduction in price or the nullification of the order.
(4) birdkids expressly points out that its goods are produced individually and finished by hand. As a result there may be deviations in size, shape, colour, design or the features of the material. These are an indication that the goods areunique in character and do not provide grounds for complaint.
§ 8 Reservation of ownership
(1) The goods remain the property of birdkids until the purchase price has been paid in full.
§ 9 Data protection
(1) Customers provide their consent to the saving and processing of their data which appears in the contract for purposes of bookkeeping and customer documentation. The data will be used to meet statutory regulations and to implement the payment transaction. Customer data will not be passed on to third parties, unless this is absolutely necessary for the implementation of the contract.
§ 10 Technical liabilities
birdkids Modular and Eurorack modules are not considered general public, end-consumer, electrical goods and are provided to you "as is". We make no express or implied warranties whatsoever with respect to its functionality, operability, or use, including, without limitation, any implied warranties, fitness for a particular purpose, or infringement. We expressly disclaim any liability whatsoever for any direct, indirect, consequential, incidental or special damages, including, without limitation, lost revenues, lost profits, losses resulting from business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility of such damages.
Important Notice: birdkids provides the enclosed product(s) under the following conditions: Modular, Eurorack products are for ARTISTIC PERFORMANCE, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and are not considered by birdkids to be a finished end-product fit for general consumer use. Persons handling the product(s) must have eurorack-spefic training, understanding of operation with voltages generated by third-party power supplies and observe good engineering practice standards. As such, the goods being provided are not intended to be complete in terms of required design-, marketing-, and/or manufacturing-related protective considerations, including product safety and environmental measures typically found in end products that incorporate such semiconductor components or circuit boards. These modules do not fall within the scope of the European Union directives regarding electromagnetic compatibility, FCC, CE or UL, and therefore may not meet the technical requirements of these directives or other related directives.
§ 11 Jurisdiction and applicable law
(1) The place of jurisdiction and fulfilment is Vienna.
(2) This contract is subject to Austrian law. The contractual language is German.