Terms of Service
1. Validity
1.1 These terms and conditions apply between Mr. Daniel Zucali e.U. (hereinafter referred to as the contractor) and natural and legal persons / customers (hereinafter referred to as the client) for the legal transaction in question, as well as for all future transactions, even if not expressly referred to in individual cases, in particular for future supplementary or follow-up orders will.
1.2 Daniel Zucali e.U. contracts exclusively on the basis of its terms and conditions, with the exception of those clauses that are opposed to a mandatory statutory regulation. The current version of the General Terms and Conditions applies at the time the contract is concluded, available on the homepage [www.zucali.at]. The following conditions apply to all services that the contractor performs in the context of the legal transaction in question, as well as in the context of future transactions.
1.3 Deviating regulations, in particular in the client's terms and conditions, are excluded for the legal transaction in question and the entire business relationship, unless the contractor expressly agrees to their validity in writing prior to the conclusion of the contract.
1.4 Any acts of fulfillment of the contract on the part of the contractor do not count as consent to contractual conditions that deviate from these terms and conditions.
1.5 Verbally agreed changes or additions to the legal transaction in question are only effective if they have been confirmed in writing by the contractor.
1.6 The contractor's terms and conditions also apply if the conclusion of the contract is not documented by an order confirmation from the client.
2. Offer and conclusion of contract, cost estimate 2.1 All offers / cost estimates / illustrations / sketches and plans are non-binding and subject to change unless they are expressly designated as binding.
2.2 Offers by the contractor must be confirmed in writing; after receipt of the confirmation, the contractor will issue a first partial invoice amounting to 10%. The order of the contractual partner is only considered to be accepted upon receipt of this down payment, whereby a contract is concluded.
2.3 After receipt of the first partial payment, the contractor will inform you in writing (email is sufficient) within a reasonable period of time when the provision of the service will begin. Before the start of the work, a second partial invoice for 40% of the order amount will be sent to the client. This second partial invoice must be paid in good time so that the payment has been received by the contractor by the notified start of the work. If payment is not made in due time, the contractor is not obliged to commence performance of the contract.
2.4 The remainder of the wages in the amount of 50% of the agreed price must be paid before the subject of the contract is handed over or sent. The client will be informed of this in a separate notification as soon as the subject of the contract has been completed or completion is imminent. The total price will be adjusted according to the inflation rate calculated on "Statistics Austria" over the entire period of order acceptance until the final invoice is issued.
2.5 If the contractor prepares a cost estimate, this is done to the best of their knowledge, but no guarantee can be given for the correctness. Should there be a cost increase of 15% after the order has been placed, the contractor will notify the client immediately. If the inevitable cost overruns of less than 15% are involved, a separate notification is not required and these costs can be invoiced without further notice. Unless otherwise agreed, changes to orders or additional orders can be invoiced at reasonable prices.
2.6 Cost estimates are for a fee.
3. Prices and terms of payment 3.1 All prices are given in EURO and include the statutory sales tax. Any fees (e.g. exchange rate, transaction fees) are to be paid by the client.
3.2 If the contractor agrees to dispatch the subject matter of the contract to a country that does not belong to the European Union, the client will receive an invoice excluding the sales tax otherwise due in Austria. The export certificate is issued by the shipping company and given directly to the contractort.
3.3 If a customer picks up the subject matter of the contract from the contractor and then exports it to a country that does not belong to the European Union, the sales tax initially incurred in Austria will be taken into account in the invoice. As soon as an export certificate is sent to the contractor, the latter pays the sales tax amount to the client after it has been returned. The client bears the resulting costs.
3.4 The price does not include the shipment of the subject matter of the contract or a guitar case. Dispatch or handover at a location other than the contractor's registered office must be agreed separately and the client must bear the additional costs incurred.
4. Place of performance and risk 4.1 he place of performance is the contractor's registered office, Schubertstraße 1, A-3350 Hague.
4.2 The client bears the costs and risks of the transport.
5. Default 5.1 The delivery times and dates will be adhered to by the client as far as possible: They are non-binding, unless they have been expressly agreed as binding, and are always understood as the probable time of provision and handover or dispatch to the client.
5.2 A withdrawal from the contract by the customer due to delay in delivery is only possible after setting a reasonable - at least 4-week - grace period. The withdrawal must be asserted in writing (email is sufficient).
5.3 Goods that have not been accepted on the agreed date or if the goods are sent as agreed will be stored for a period of 6 months at the risk and expense of the client, for which the contractor will charge a storage fee of EUR 5,00 per commenced calendar day. At the same time, the contractor is entitled to either insist on the fulfillment of the contract or, after setting a grace period of 14 days, to withdraw from the contract and use the goods elsewhere. In the event of utilization, a contractual penalty of 35% of the invoice amount, excluding VAT, is deemed to have been agreed.
6. Compensation 6.1 In all cases under consideration, the contractor is only obliged to pay damages in the event of willful intent or gross negligence. In the event of slight negligence, the contractor is only liable for personal injury. Liability towards an entrepreneurial client expires in 2 years from his knowledge of the damage and the damaging party.
7. Right of withdrawal 7.1 In the case of instruments that are individually manufactured on the basis of the wishes and specifications of the respective client, there is no statutory right of withdrawal, even for distance selling, external and door-to-door sales. However, the contractor voluntarily grants private customers the right to withdraw from the contract within two weeks of handing over the subject of the contract, provided that the subject of the contract is no longer resalable due to the degree of customization. In the offer, the contractor indicates whether the respective subject matter of the contract is covered by the right of withdrawal. If no statement is made in the offer regarding a possible right of withdrawal, there is no such statement. When selling instruments that have already been manufactured, a right of withdrawal is only available for distance, foreign and door-to-door sales.
7.2 The right of return does not apply to contractual items that have damage such as dents or scratches, unless this is a case of warranty.
7.3 If the Client withdraws from the purchase before the work on the ordered guitar begins, the 10% of the first partial invoice already paid shall remain with the Contractor as compensation for the work already performed (communication, offer, selecting wood, etc.).
7.4 If the client makes use of his contractually granted voluntary right of withdrawal, the contractor is entitled to a flat-rate claim for damages amounting to 35% of the order amount.
7.5 The right of return must be exercised by means of a written declaration of withdrawal (e-mail is sufficient), which must be received by the contractor within the above-mentioned period.
8. Place of jurisdiction and choice of law 8.1 For the decision of all disputes arising from a contract - including those about its existence or non-existence - the exclusive jurisdiction of the relevant courts at the seat of the contractor is agreed.
8.2 The contract is exclusively subject to the law of the Republic of Austria to the exclusion of the UN sales law.
9. Further instructions 9.1 Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal validity of all other business provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the content and purpose of the legally ineffective or unenforceable provision.
9.2 Changes or additions to a contract must be made in writing. This also applies to changes to the written form requirement.
9.3 A set-off against the claims of the contractor with counterclaims of whatever kind is excluded.
9.4 Wood is a living material, which means that the instruments develop differently and deform minimally over time. This is not a defect, but is due to the peculiarity of wood as a material. Within the first few months, the string action changes, which, at the request of the client, can be readjusted once by the contractor in his workshop free of charge within the first two years. The client bears the associated shipping costs.
9.5 It is expressly pointed out that wood is very sensitive to fluctuations in relative humidity (and temperature). Damage to the instrument can be expected if the relative air humidity falls well below 50%. High temperatures in combination with moisture loosen the glue and influence the nature of the wood, which means that damage to the instrument is to be expected which cannot be attributed to a defect. The instrument should therefore always be stored in a range of 55 to 65% humidity and, if possible, at room temperature.
1.2 Daniel Zucali e.U. contracts exclusively on the basis of its terms and conditions, with the exception of those clauses that are opposed to a mandatory statutory regulation. The current version of the General Terms and Conditions applies at the time the contract is concluded, available on the homepage [www.zucali.at]. The following conditions apply to all services that the contractor performs in the context of the legal transaction in question, as well as in the context of future transactions.
1.3 Deviating regulations, in particular in the client's terms and conditions, are excluded for the legal transaction in question and the entire business relationship, unless the contractor expressly agrees to their validity in writing prior to the conclusion of the contract.
1.4 Any acts of fulfillment of the contract on the part of the contractor do not count as consent to contractual conditions that deviate from these terms and conditions.
1.5 Verbally agreed changes or additions to the legal transaction in question are only effective if they have been confirmed in writing by the contractor.
1.6 The contractor's terms and conditions also apply if the conclusion of the contract is not documented by an order confirmation from the client.
2. Offer and conclusion of contract, cost estimate 2.1 All offers / cost estimates / illustrations / sketches and plans are non-binding and subject to change unless they are expressly designated as binding.
2.2 Offers by the contractor must be confirmed in writing; after receipt of the confirmation, the contractor will issue a first partial invoice amounting to 10%. The order of the contractual partner is only considered to be accepted upon receipt of this down payment, whereby a contract is concluded.
2.3 After receipt of the first partial payment, the contractor will inform you in writing (email is sufficient) within a reasonable period of time when the provision of the service will begin. Before the start of the work, a second partial invoice for 40% of the order amount will be sent to the client. This second partial invoice must be paid in good time so that the payment has been received by the contractor by the notified start of the work. If payment is not made in due time, the contractor is not obliged to commence performance of the contract.
2.4 The remainder of the wages in the amount of 50% of the agreed price must be paid before the subject of the contract is handed over or sent. The client will be informed of this in a separate notification as soon as the subject of the contract has been completed or completion is imminent. The total price will be adjusted according to the inflation rate calculated on "Statistics Austria" over the entire period of order acceptance until the final invoice is issued.
2.5 If the contractor prepares a cost estimate, this is done to the best of their knowledge, but no guarantee can be given for the correctness. Should there be a cost increase of 15% after the order has been placed, the contractor will notify the client immediately. If the inevitable cost overruns of less than 15% are involved, a separate notification is not required and these costs can be invoiced without further notice. Unless otherwise agreed, changes to orders or additional orders can be invoiced at reasonable prices.
2.6 Cost estimates are for a fee.
3. Prices and terms of payment 3.1 All prices are given in EURO and include the statutory sales tax. Any fees (e.g. exchange rate, transaction fees) are to be paid by the client.
3.2 If the contractor agrees to dispatch the subject matter of the contract to a country that does not belong to the European Union, the client will receive an invoice excluding the sales tax otherwise due in Austria. The export certificate is issued by the shipping company and given directly to the contractort.
3.3 If a customer picks up the subject matter of the contract from the contractor and then exports it to a country that does not belong to the European Union, the sales tax initially incurred in Austria will be taken into account in the invoice. As soon as an export certificate is sent to the contractor, the latter pays the sales tax amount to the client after it has been returned. The client bears the resulting costs.
3.4 The price does not include the shipment of the subject matter of the contract or a guitar case. Dispatch or handover at a location other than the contractor's registered office must be agreed separately and the client must bear the additional costs incurred.
4. Place of performance and risk 4.1 he place of performance is the contractor's registered office, Schubertstraße 1, A-3350 Hague.
4.2 The client bears the costs and risks of the transport.
5. Default 5.1 The delivery times and dates will be adhered to by the client as far as possible: They are non-binding, unless they have been expressly agreed as binding, and are always understood as the probable time of provision and handover or dispatch to the client.
5.2 A withdrawal from the contract by the customer due to delay in delivery is only possible after setting a reasonable - at least 4-week - grace period. The withdrawal must be asserted in writing (email is sufficient).
5.3 Goods that have not been accepted on the agreed date or if the goods are sent as agreed will be stored for a period of 6 months at the risk and expense of the client, for which the contractor will charge a storage fee of EUR 5,00 per commenced calendar day. At the same time, the contractor is entitled to either insist on the fulfillment of the contract or, after setting a grace period of 14 days, to withdraw from the contract and use the goods elsewhere. In the event of utilization, a contractual penalty of 35% of the invoice amount, excluding VAT, is deemed to have been agreed.
6. Compensation 6.1 In all cases under consideration, the contractor is only obliged to pay damages in the event of willful intent or gross negligence. In the event of slight negligence, the contractor is only liable for personal injury. Liability towards an entrepreneurial client expires in 2 years from his knowledge of the damage and the damaging party.
7. Right of withdrawal 7.1 In the case of instruments that are individually manufactured on the basis of the wishes and specifications of the respective client, there is no statutory right of withdrawal, even for distance selling, external and door-to-door sales. However, the contractor voluntarily grants private customers the right to withdraw from the contract within two weeks of handing over the subject of the contract, provided that the subject of the contract is no longer resalable due to the degree of customization. In the offer, the contractor indicates whether the respective subject matter of the contract is covered by the right of withdrawal. If no statement is made in the offer regarding a possible right of withdrawal, there is no such statement. When selling instruments that have already been manufactured, a right of withdrawal is only available for distance, foreign and door-to-door sales.
7.2 The right of return does not apply to contractual items that have damage such as dents or scratches, unless this is a case of warranty.
7.3 If the Client withdraws from the purchase before the work on the ordered guitar begins, the 10% of the first partial invoice already paid shall remain with the Contractor as compensation for the work already performed (communication, offer, selecting wood, etc.).
7.4 If the client makes use of his contractually granted voluntary right of withdrawal, the contractor is entitled to a flat-rate claim for damages amounting to 35% of the order amount.
7.5 The right of return must be exercised by means of a written declaration of withdrawal (e-mail is sufficient), which must be received by the contractor within the above-mentioned period.
8. Place of jurisdiction and choice of law 8.1 For the decision of all disputes arising from a contract - including those about its existence or non-existence - the exclusive jurisdiction of the relevant courts at the seat of the contractor is agreed.
8.2 The contract is exclusively subject to the law of the Republic of Austria to the exclusion of the UN sales law.
9. Further instructions 9.1 Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal validity of all other business provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the content and purpose of the legally ineffective or unenforceable provision.
9.2 Changes or additions to a contract must be made in writing. This also applies to changes to the written form requirement.
9.3 A set-off against the claims of the contractor with counterclaims of whatever kind is excluded.
9.4 Wood is a living material, which means that the instruments develop differently and deform minimally over time. This is not a defect, but is due to the peculiarity of wood as a material. Within the first few months, the string action changes, which, at the request of the client, can be readjusted once by the contractor in his workshop free of charge within the first two years. The client bears the associated shipping costs.
9.5 It is expressly pointed out that wood is very sensitive to fluctuations in relative humidity (and temperature). Damage to the instrument can be expected if the relative air humidity falls well below 50%. High temperatures in combination with moisture loosen the glue and influence the nature of the wood, which means that damage to the instrument is to be expected which cannot be attributed to a defect. The instrument should therefore always be stored in a range of 55 to 65% humidity and, if possible, at room temperature.