Virtual Music e.U.
1230 Vienna
Austria / EUROPE
Tel./Fax.: +43-(0)1-905 94 27
UID Nr.: ATU-40973103
Firmenbuchnummer: 296518 g; Handelsgericht Wien
Scope of
business
The foundation of the business connection between the customer and
Virtual Music are the following business conditions. Any variation of
these conditions requires the written confirmation of Virtual Music.
Conclusion
of a contract and rescission of a contract
A contract accomplishes as soon as the customer sends a
signed order form, an e-mail-order or a verbal order to Virtual Music
and if that order is confirmed by Virtual Music. The customerīs order is
binding. Virtual Music has the right to decline orders.
The customer is responsible that all necessary information is stated on the order form. In case of a repair order this means on the one hand the fault to be repaired and on the other hand possible budgetary limits. Because of organisational reasons Virtual Music cannot guarantee that separately sent information (e.g. per telephone, verbal or per e-mail) will be considered. If Virtual Music is instructed to organize the shipment the customer needs also to state if a shipping insurance is wanted and the value of insurance.
Right for
return
The customer has the right to return defective goods and
request a substitute. As long as Virtual Music is able to deliver an
adequate replacement the customer does not have any right to claim any
payback. Additionally Virtual Music has no duty to take back any goods
which are ordered by the customer by mistake, in particular if the goods
are mainly intellectual property (Compact disks, software, keyboard
upgrade kit, etc.). Electronic parts are strictly excluded from
exchange.
Delivery
Virtual Music delivers the ordered goods to the address which is written
on the customerīs order. Virtual Music is legitimated for partial
shipment. Delivery and shipment is done on costs and risk of the
customer. In a case of warranty the costs for packing and shipment is
covered by the customer, except the warranty is based on a gross
negligence.
Customs and
customs fees
If goods are imported from
countries outside the European Union into the EU, customs fees may
arise. These fees will be charged to the customer, even if Virtual Music
offers the completed customs declaration papers to the customer. It is
the responsibility of the customer to include a proper customs
declaration with the goods to keep these fees as low as possible or to
pay no fees at all. The import additionally causes 20% import turnover
tax which will not charged to the customer because Virtual Music can
recall these taxes. It is the responsibility of the customer to ask
Virtual Music for the customs declaration PDF.
Payment
The customer can chose to pay with credit card (Master, Visa), cash or
payment in advance. To keep the protection of privacy Virtual Music
strongly recommends the order via fax or letter. Orders via e-mails are
accepted by Virtual Music but not secure. Any other payment method
prerequisites the acceptance of Virtual Music in written form. With
payment in advance the customer has to pay the invoice without any
delay.
Reservation
of proprietary rights
Until the payment is completed all goods and labours belong
to Virtual Music. After whole payment is done they will become the customerīs
property. Repaired customerīs instruments stay in Virtual Musicīs
ownership as long as the invoice is paid completely. If the invoice is
not paid completely within two weeks then Virtual Music will have the
right to dismount used parts and use them for other clients. Any
additional effort will be charged to the customer.
Costs for
repair, delivery and the supply of test equipment
Virtual Music repair service is based on expenditure of
time. One working hour is charged with 58,- Euro (economy service) or
68,- Euro (priority service). Additional services, like spare parts,
packing and shipment costs are charged based on effort and are an
additional part of the invoice. All prices are without VAT.
For component repair (e.g. voice cards) Virtual Music provides a properly working test system. Per repair order the customer is charged a flat rate fee which is: PPG Wave 2.2 / 2.3 or Elka Synthex: 90,- Euro, Fairlight CMI IIX: 180,- Euro. All prices are without VAT.
For orders from Austria or the European Union (EU-citicens without valid VAT-number), Virtual Music charges 20% VAT, based on the value of the invoice. For orders from the European Union (EU-citicens with valid VAT-number) or outside the EU, Virtual Music wonīt charge any VAT. This VAT number must be declared in the order form and it must be consistent with the customerīs billing address.
If a repair job canīt be finished (regardless of the motivation), the customer doesnīt have to pay any labour time fees. The customer is only charged 20,- Euro handling fee, the used spare parts and optionally any freight costs for the backhaul. The customer doesnīt have any right to refund the freight, component and handling fees.
If a unit
canīt be repaired completely, the partial successes will be charged only
in case of a significant raise of operation.
The minimum order quantity is 15,- Euro goodīs value; exkl. VAT. For
orders below that limit Virtual Music will charge additional 5,- Euro
minimum order fees.
Pickup and
storage of customer equipment
After a completed order the customerīs equipment will be
shipped as soon as the invoice is paid. The invoice has to be paid
immediately after the invoice was received by the customer. If the customer prefers personal
pickup the equipment has to be picked up within 7 days after the order
was completed. After 7 days without pickup or payment Virtual Music has the right to charge
storage fees for the particular equipment. These fees will be 10% of the invoiceīs amount per week.
After three month of completion of the order Virtual Musicīs duty to
store the equipment ends and the equipment can be sold to pay the debts.
Any profit will be paid back to the customer.
ROHS
compatibility
For new spare parts Virtual Music takes care to install
ROHS-compatible parts. If parts from old stocks are used (e.g. special
ICs for PPG) then they will not be ROHS-compatible. The customer accepts
that Virtual Music cannot guarantee the use of ROHS-compatible parts,
especially in case of a repair of old synthesizers.
Damage and
loss of customerīs equipment
As long as customerīs equipment is located in the
premises of Virtual Music, Virtual Music is liable for any damage or
loss which is caused by Virtual Music. In case of a damage Virtual Music
has the duty to repair the damage without any costs for the customer.
If this is not possible Virtual Music will pay the current replacement
value. Shipment will be done on risk and cost of the customer.
Shipment
Delivery and shipment is done on costs and
risk of the customer. If the delivery is done by a forwarding agency the
customer accepts the general business conditions of the Austrian
forwarding agencies:
Link
Basically the shipment with a forwarding agency is done without shipping insurance. If the customer organises the forwarding agency by himself, he is responsible for any insurance. If the customer orders Virtual Music to organise the shipment (e.g. per order form), the customer needs to declare his requirement in respect of an insurance. The costs of shipment and insurance will be charged to the customer. Virtual Music e.U. ships goods back to the original client only.
Warranty on goods and repairs
The customer has the duty to check the goods for quality
and quantity immediately after receipt. Any deficit has to be reported
to Virtual Music in written form within 7 days otherwise Virtual Music
is liberated of any warranty.
As long as Virtual Music fulfils the duty of clearance of the deficit
the customer doesnīt have the right to cancel the contract or claim for
refund.
Possible shipment costs are paid by the customer except for Virtual
Music did an act of gross negligence. In that case Virtual Music
determines the way of transport. Place for any warranty is Vienna /
Austria (Europe). In case of warranty Virtual Music offers warranty to
the original client only - the chain of contracts is valid.
Warranty is exempted in case of defects caused by the customer due to improper installation, damage or improper use. Additionally defects are exempted from warranty which are caused by an act of god, lightning strike, overvoltage or voltage spikes in the power supply system, wear and tear of electrical, electronic or mechanical parts, fouling, or any other extreme influences. The customer has no right for any receivables including compensation of any secondary damage caused by Virtual Musicīs repair or spare part service.
If there are any new problems after a successful repair which are not in coherence with that primary repair, the new repair service is not covered by warranty.
If a customer sends any parts of a defective instrument mainframe (like a voice card of the CMI or a I/O board of a PPG Wave) for repair and if Virtual Music can reproduce and solve the problem, the repair service is to be considered as successful. If that repaired part still causes problems in the customerīs mainframe there must be another problem in that mainrame. The following repair of the mainframe is not covered by warranty. The shipment and the repair of additional components or the particular mainframe are a new project and are charged separately.
Use of products, service hints and handling with
synthesizer parts through the customer
The use of any of Virtual Music offered products, service
hints and handling with synthesizer parts through the customer is done
by the customerīs responsibility and risk only. It is the customerīs
duty to consult an expert if the customer has a deficiency in technical
knowledge. Virtual Music disclaims any responsibility for improper
treatment of electronic parts and any resulting damages which is done by
the customer.
Virtual Music points out that the installation of some products requires
some hours focused labour time and therefore some products might not be
suitable for technicians who work in terms of a clientīs order. It is
the responsibility of the client to ask Virtual Music for information
about the time which is needed to install the products.
Intelectual property rights
If the customer purchases any software (like program
data, sound data, software or music on floppy disks, CDs, EPROMs or by
download, etc.) or any service kit and itīs idea behind (like keyboard
upgrade kit, Prophet VS modification, etc.) the customer receives only
the single right to use. The production of copies is prohibited by law.
Protection of the environment.
Virtual Music uses only packing material
which is environmentally friendly. To safe the environment Virtual Music
also uses recycled packing material.
Transport
damages
Delivery and shipment is done on costs and risk of the customer. Virtual
Music doesnīt pay for any lost or damaged goods. If
there is any damage on the packing (exterior damage), the receiver must
declare this on the shipment papers delivered by the forwarding agency
or he must refuse acceptance. If the goods are damaged or if the goods donīt work although the packing is without any damage (interior damage),
the receiver must inform the forwarding agency and Virtual Music immediately after
recognition but within 2 days after receipt. The receiver has the onus
of proof.
Data protection and security
The customer accepts the processing of his
personal information by Virtual Music. This information will be used by
Virtual Music only for internal tasks like e.g. writing invoices or
sending e-mails. Virtual Music guarantees that this information wonīt be
given to any other party.
Place of delivery and exclusive jurisdiction
Place of delivery for all services and
deliveries are Vienna / Austria (Europe).
Acceptance
With the usage of Virtual Music provided webpages,
e-mail-service, telephone or fax-facilities, products, services, service hints,
order forms, etc. the customer accepts these
general business conditions without any restrictions.