Virtual Musice.U. – Webshop for Synthesizer Service
Bjornsongasse XX *
* In order to avoid repeatedly unannounced deliveries in the future, the complete delivery address is no longer published. The complete delivery address is given to the customer as soon as Virtual Music's is ready for receiving the delivery of goods.
Phone: +43 (0)1-236 52 67 - 0
Fax: +43 (0)1-236 52 67 - 99
VAT No.: ATU40973103
Company Register: 296518 g; Commercial Court Vienna; DVR 0958531
Owner: Ing. Alexander Guelfenburg; Certified engineer for communication electronics, electronic engineering and power electronics
Area of application
The foundation of the business connection between the customer and Virtual Music e.U. (in the following named as „Virtual Music“) are the following business conditions. Any variation of these conditions requires the written confirmation by Virtual Music.
With the use of the web pages provided by Virtual Music, order forms, e-mail services and other establishments of contact the customer automatically recognises these terms and conditions without any restrictions. These terms and conditions are written in German as well as into English language. In the case of doubt the German version is legally binding. The UN-purchase right is excluded. If one does not accept these terms of utilisation he must not use this web page and all contents linked with it.
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 customer´s order is binding. Virtual Music has the right to decline orders without any reasons.
For data protection reasons the order is recommended by fax or letter. Orders by e-mail are possible, nevertheless, is not recommendable for safety reasons.
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, the working basis is exclusively the order form.
Virtual Music works on three different service levels. They vary by the processing time only, the service in it´s quality is equally high with all three service levels. With the service level "Economy service" the orders are ranked with the „first in/first out“ principle. Quicker options like "Priority service" or "Express service" are possible after availability, the availability is communicated by Virtual Music on demand. A possible delay (spare part delivery, important answer of the customer, delay of payment, etc.) does not mean any reduction of the service level and it´s fees.
A cleaning and a comprehensive security test according to ÖNORM E8701 of the customer device is always an integral part of the repair service and the calculation.
Right of return and cancellation right
The customer has the right to return defective goods and request a substitute within 30 days. As long as Virtual Music is able to deliver an adequate replacement the customer does not have any right to claim any payback.
Incorrectly ordered or not suitable catalogue products are only taken back if the original packing is unopened and the purchase was within the past 14 days. In such cases Virtual Music e.U credits the customer the value of the items minus a manipulation fee of 20% of the value, or at least 8,- Euro net.
Following items are strictly excluded from return or exchange: Batteries, software, semiconductors, built up kits, illuminants, products with restricted shelf life, mainly intellectual property explaining goods (compact discs, software, keyboard upgrade kit, developments, etc.), specially ordered products and parts, as well as parts which were already inserted. An exception for this are manufacturer-caused defects.
Virtual Music delivers the ordered goods to the address which is written on the customer´s 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. Virtual Music has the right to refuse shipments to third parties.
Customs and customs fees
If goods are imported from countries outside the European Union into the European Union, 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. The customer is responsible to include a proper customs declaration with the goods. 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.
General prices and prize creation, VAT (Value Added Tax)
Virtual Music works on time base, the actual time and effort are charged. Following costs arise for a working hour accoring to these service levels:
Economy 75,- Euro net (orders are executed on the first in/first out principle)
Priority 100,- Euro net (orders are executed immediately; working days from 08:00 to 18:00)
Express 125,- Euro net (orders are executed immediately; working days 18:00 to 08:00 and weekends and public holidays from 00:00 to 24:00).
All prices are stated net, which means without VAT. Additonal parts of the invoice are components, packaging, disposal, costs of delivery as well as transaction costs and minimum order amounts. These costs are charged according to the actual expenditures. For clients from Austria and from the EU without valid VAT number it is settled, in addition, Virtual Music has to charge additional 20% VAT of the invoice´s net amount. For customers within the EU with a valid VAT number (VAT number) Virtual Music is able to issue invoices without any VAT. This VAT-number must be specified in the order form and match the billing address of the customer. A subsequent adjustment and refund of VAT is not possible. For customers in a non-EU-country the invoice is issued without any VAT and with the advice “VAT has to be paid in destination country” which means that the client is legally obligated to pay the VAT in the destination country.
The custom pickup and delivery service in Greater Vienna is charged with EUR 2.90 net per km radius distance (round-trip) between location Virtual Music and customer/destination; namely per trip and regardless of the number of devices to be transported.
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, Elka Synthex or Rhodes Chroma: 90,- Euro, Fairlight CMI IIX: 180,- Euro. All prices are without VAT.
With successive orders this fee will be charged only once per 6 months. Aynway if the transport of the entire system to Vienna was necessary this fee will be credited to the customer.
All prices are subject to change by Virtual Music anytime. In case of an order these conditions of the date of order apply which are stated in these General Business Conditions.
The minimum order quantity is 15,- Euro good´s value; exkl. VAT. For orders below that limit Virtual Music will charge additional 5,- Euro minimum order fees.
The customer can chose to pay with credit card (Master, Visa), cash or bank wire transfer in advance. The outstanding amount must be paid completely within 5 days of receipt by the customer.
On request Virtual Music e.U accepts payment via PayPal, and the client will be charged with additional 5% of the initial amount to cover the high PayPal fees. Any other method of payment requires our written consent. For all bank transfers – especially from a non-EU-country – the customer is requested to take over any bank fees.
All invoices have to be paid within 5 days from that date that Virtual Music states the invoice. After that period, Virtual Music will charge default interest of 1% of the invoice amount per month.
If after 6 weeks the issued amount has not been received completely, Virtual Music can instruct a debt collection agency or sell the repaired equipment to cover the debt. Eventual additional proceeds from the sale will be returned to the customer.
Accounting and service report
After every completed order the client will receive an invoice (legally compliant with the guidelines of the Austrian Federal Finance Office), which acceptance he is legally bound. Additionally the client will receive a comprehensive service report.
Cost estimate - cost limit
Virtual Music does not make any repairs estimates. To minimize any risk for the customer he may indicate his personal net limit on the order form. If this limit is reached and the repair did not succeed completely, then the client is charged no labour fees for any unsuccessful troubleshooting. However installed components, successful partly repairs, packing, shipment, customs fees, or – if applicable – VAT are charged anyway.
In case of an unsuccessful repair attempt and if the client was not charged any labour fees for this, he has no right to get a comprehensive description of the work done by Virtual Music.
Generally excluded are repair attempts on units which the client bought or received as defective or broken or on units which got a previous repair attempt that was not done or authorized by Virtual Music. In this case also unsuccessful repair attempts by Virtual Music will be charged up the amount of the client´s limit.
The customer does not have any right to ask for any refund on freight, component or handling fees which he had to pay in case of an unsuccesful repair attempt done by Virtual Music.
Trade with musical instruments and second-hand sales
Virtual Music is not an instrument dealer. This means that Virtual Music does neither take any instruments or equipment as goods on consignment, nor Virtual Music is a middleman, nor Virtual Music acts as a hub for financial transactions between two third parties. Offending this causes a report to the Austrian Financial Department and an invoice with the costs caused by this offence.
On demand Virtual Music shares the information of instrument sales to people who are interested in - free of charge and without any assumption of responsibility or other obligations. The responsibility for such business lies solely with the people who decide to make business with each other.
Except are the second-hand sale of Virtual Music´s e.U. equipment, the sale of customer equipment for the purpose of covering debt, and the purchase of equipment for Virtual Music own purposes.
On the website offered secondhand equipment is sold as described and with the conditions described. Virtual Music recommends potential buyers to see and test the equipment before buying.
The customer must describe the defects exactly on the order form. During the repair Virtual Music sends status messages per e-mail regurarily. The client must respond with any queries by Virtual Music within 4 hours. Delays by the customer are not the responibility of Virtual Music and do not reduce the service level rate.
Reservation of proprietary rights
Until payment is completed all goods and labours belong to Virtual Music. After whole payment is done they will become the customer´s property. Repaired customer´s instruments stay in Virtual Music´s 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. In that case Virtual Music refuses the guarantee due any out of stock parts that the order can be completed successfully then.
Pickup and storage of customer equipment
After a completed order the customer´s equipment will be shipped as soon as the invoice is paid. The invoice has to be paid within 5 days after the invoice was sent by Virtual Music. If the customer prefers personal pickup the equipment has to be picked up within 14 days after the order was completed. After 14 days without pickup Virtual Music has the right to charge storage fees for the particular equipment. These fees will be 5,- Euro net per day and per instrument.
After 90 days of the invoice´s date Virtual Music´s 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.
In case of a willful or negligent demolition of cusotmer´s equipment by Virtual Music in the premise of Virtual Music, 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 time value. Virtual Music is not responsible and liable for any loss or damage or secondary damage to all deposited property due to theft, flood, fire, earthquakes, act of god, age-related wear and tear or vandalism.
For new spare parts Virtual Music takes care to install ROHS-compatible parts. If parts used are from old stocks 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. Therefore the use of the repaired instruments is allowed only for professional users.
Shipment and Packing
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: Allgemeinen Österreichischen Spediteurbedingungen (AÖSp)
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 authorizes Virtual Music to organise the shipment then the customer will need to declare his requirement in respect of any insurance in the order form. The costs of shipment and insurance will be charged to the customer.
The client is responsible for packing which is suitable for the transport. For returning the item Virtual Music will use the original packing. If Virtual Music. deems that the original packing is insufficient then Virtual Music will choose and customize the appropriate packing – these costs are covered by the client.
Virtual Music ships goods back to the original client only.
For some instruments Virtual Music may provide appropriate flight cases. They can be sent to the customer in advance, the cost and responsibility for any transport coveres the client. The refundable deposit per Case is 300, - Euro net. If required the case has to be packed being suitable for transport. The fee for the use of a flight case is 50,- Euro net each.
All deliveries travel at the risk of the customer. Virtual Music is not responsible for lost or damaged shipments. In case of a transport damage the client must contact the forwarding agency as well as Virtual Music immediately. If one can see damages on the packing (exterior damage) the client must apply a notation on the delivery papers and/or denying the receiving because for the reasons described.
If the device is damaged or no longer functional after delivery although the packaging is outwardly intact (interior damage), then the receiver must complain the damage within 24 hours in writing to the transport company and to Virtual Music The burden of proof lies with the recipient of the goods.
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 does not 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.
The warranty covers the statutory warranty reconciliation requirement. Virtual Music is only bound by the guarantee to the original bill recipient, if it is a company or a business user the guarantee expires after three month, respectively from the date of issuing the invoice. Place of fulfillment of all warranties is Vienna / Austria.
Warranty is exempted in case of defects caused by the customer due to improper installation, damage or improper use. Additionally exempted from warranty are defects 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 influences. The customer has no right for any receivables including compensation of any damage caused by Virtual Music´s 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, then the repair service is to be considered as successful. If that repaired part still causes problems in the customer´s mainframe there must be another problem in that mainframe. 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. If the shipment of the mainframe is necessary then, then the client will be refunded the flat fee for providing the testing system – if charged before.
In the moment of opening or modifying a device/instrument which has been previsously repaired by Virtual Music the warranty automatically expires. Excepted is the manipulation by an expert authorized by Virtual Music. Customer-supplied components/products/devices are excluded from all warranty claims against Virtual Music
Each unit will be checked thoroughly in terms of operational safety. This includes a 6 hour duration test with measurement and reporting the following parameters: Power consumption, Protecting Ground Resistor, Isolation Resistor, Leakage Current (according to the national safety standard OENORM E8701). Only if that test is completed successfully the particular instrument/device is confirmed to be safe to operate at the date of delivery back to the client. If that test was negative and the client refuses any further repair then Virtual Music will communicate the invariable prohibition to put that device into operation.
Regardless to the current operating reliability Virtual Music cannot expulse that a device/instrument will develop unforeseen issues in the future. Therefore all devices/instruments repaired, supplied or sold by Virtual Music must be operated under supervision only. Virtual Music categorically refuses any liability and responsibility for any disadvantage or damages, consequential damages in terms of money, property and life caused by equipment sold, repaired or provided by Virtual Music
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 customer´s responsibility and risk only. It is the customer´s 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 emphasizes 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 client´s order. It is the responsibility of the client/technician to ask Virtual Music for information about the time which is needed to install the products.
Product design, product releases and development
All software and hardware products offered are delivered by Virtual Music in the latest available version. The client has the right to claim for the latest available version at purchase, however there is no claim for an update (with or without any additional costs) for the client, regardless of the time between purchase and release of a newer version. Virtual Music decides if and how any updates will be supplied.
In developing and contract works all rights and any knowledge gained, circuits, or program codes remain owned by Virtual Music and can be used without any restrictions by Virtual Music Deviations must be declared in writing prior to the order by the customer and confirmed by Virtual Music Subsequent restricting the rights of Virtual Music by the customer is excluded.
In contract works or developments Virtual Music confirms the expected amount and the expected completion date and the client has to pay 10% of the amount before Virtual Music starts to work. The amount must be received within 5 days to the account of Virtual Music so Virtual Music has the right to adjust the time accordingly or refuse the order .
Should the customer withdraw from the contract, the deposit of Virtual Music is converted in a cancellation fee and retained. Shortly before competion Virtual Music issues an invoice with the remaining balance which needs to be paid by the client before delivery/pickup.
After placing the order if the client subsequently claims for other requests or new requirements then Virtual Music will be able to define a new delivery date, a new price or refuse the new requirements.
If Virtual Music was not able to finish the job by own faults, the client has the right to withdraw from the contract and to claim for the assets already paid – there is not further claim by the client.
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 it´s 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. The client must not share knowledge which has been received by the cooperation with Virtual Music
Virtual Music´s e.U. is not responsible and liable in any manner for any contents of external links. All information is controlled thoroughly. Nevertheless Virtual Music´s is not responsible nor liable for any damages or losses caused by using this site. Errors and alterations excepted. Used logos are the property of the respective owner.
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.
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 writing invoices or sending e-mails. Virtual Music guarantees that this information won´t be given to any other party except the client asks for sharing his information.
Prohibition of advertising
The commercial use of any contact data provided by Virtual Music´s e.U. is not accepted. An expetion is if Virtual Music´s e.U. explicitly allows the use of the contact details.
Place of delivery and exclusive jurisdiction
Place of delivery for all services, and deliveries, as well as the place of jurisdiction is Vienna / Austria (Europe) only. The client accepts exclusively Austrian law although the client´s place of jurisdiction might not be Austrua.
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.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.