Terms and conditions for Webshop Publishing House “bassoporto”

Version from: 20.06.2015
General terms and conditions concerning the use of the online store “bassoporto”, provided under the domain http://bassoporto.com

Online store and sheet music dispatch for new classical music with tonal elements – for more emotion! Here you will find sheet music for amateurs, advanced and professionals.

Contractual partner:
edition bassoporto with its registered office in Vöcklabruck.
Baumannweg 6, 4840 Vöcklabruck
E-mail: office@bassoporto.com
Phone: +43 699 12113000

1. scope

The present General Terms and Conditions (hereinafter referred to as “GTC”) apply to the ordering of goods from the range of goods offered in the web store described in more detail at the beginning.

2. conclusion of contract

By clicking on the button “BUY NOW” you make a binding offer to purchase the goods in the shopping cart and accept the General Terms and Conditions.
Our subsequently sent automatic order confirmations document that we have received your order, but do not yet represent an acceptance of your offer.
A contract is only concluded by our express declaration of acceptance, which we send with a separate e-mail, or by shipment of the goods.
The declaration of acceptance and shipment must be made within 14 days, otherwise the offer of the user finally expires.
The user of the webshop is obliged to fill in the fields provided in the order form completely and truthfully and to provide the requested information.

3. delivery and transfer of risk

The delivery of the ordered goods will be made to the address provided by the customer.
The shipping costs, which are displayed in the web store with the goods and when paying for the goods, are to be borne by the customer.
If the purchaser is an entrepreneur as defined by the Austrian Commercial Code (UGB), the delivery of the goods shall be at the purchaser’s risk.

4. prices – payment

All prices and costs stated in the webshop are in EURO and include the applicable statutory VAT.
Packaging, insurance and shipping costs, if any, will be invoiced and shown separately.
The customer can use the payment methods displayed at the end of the ordering process, e.g. payment by credit card, PayPal or instant bank transfer.
In case of delayed payment, we are entitled to charge interest in the amount of 5% p.a., subject to the assertion of a higher (concretely to be proven) damage caused by delay.
In addition, the customer undertakes to reimburse reminder, collection and investigation costs of third parties (in particular lawyers), insofar as these costs were useful for the appropriate prosecution. We point out that the costs in the case of the intervention of a lawyer are based on the respective amount standardized by the Lawyers’ Fees Act (RATG) plus the statutory value added tax, those of collection agencies up to the respective amount standardized by the Federal Ministry of Economics in the ordinance for collection agencies.
Finally, we are entitled to withdraw from the contract if you are more than 14 days in arrears with payment.
Any reimbursement of payments made by the customer shall be made to the means of payment used by the customer when placing the order.

5. reservation of ownership

Until full payment, the delivered goods remain our property.

6. right of withdrawal – right of revocation

6.1 Right of revocation (revocation instruction according to Annex I FAGG)

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal 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 (or in the case of an order for several goods delivered separately: the last goods).
To exercise your right of withdrawal, you must inform us, Edition Bassoporto Baumannweg 6, 4840 Vöcklabruck, office@bassoporto.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can also use the model withdrawal form provided here for download, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.2 Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us at the address stated at the beginning of this contract without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to an inspection of the condition, properties and functioning of the goods.

7. Warranty

The statutory warranty provisions apply to consumers, which provide for a warranty period of 2 years for movable goods. Towards entrepreneurs we provide a warranty of 12 months from delivery of the goods.
Separate warranty promises are listed individually with the respective products purchased and are considered contractually guaranteed.

8. liability

We are only liable for intent and gross negligence, except in the case of injury to life, body or health of a person. Liability for financial loss due to slight negligence is excluded.

9. data protection

In accordance with the provisions of the DSG 2000, it is expressly pointed out that in fulfillment of the respective contract, your name, address, telephone number and e-mail address will be stored by us on data carriers and processed in the sense of § 8 para.
data carriers and processed in the sense of § 8 Abs 3 Z 4 DSG 2000. We will only pass on this data if this is absolutely necessary for order processing. Beyond that, we will neither use nor pass on your data.

10. final provisions

Our business relationship shall be governed exclusively by the laws of the Republic of Austria, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions (IPRG, EVÜ). The legal relationship between you and us shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.

The language of the contract as well as the language of the proceedings to be applied for any disputes shall be German.
If you do not have a general place of jurisdiction in Austria, the exclusive jurisdiction of the court with subject-matter jurisdiction at our registered office is agreed, whereby this jurisdiction provision does not apply to consumers.
These General Terms and Conditions shall remain binding in their remaining parts even if individual points are legally invalid.