Terms of service
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partners, conclusion of contract, correction options
The purchase contract is concluded with M.S.V. Musik-Sound-Vertriebs GmbH (hereinafter referred to as "MSV Musik-Center"). The presentation of the products in the MSV online shop does not constitute a legally binding offer, but a non-binding online catalogue. Correct entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.
We accept your offer within two days by
- we issue a declaration of acceptance in a separate e-mail or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant to you depends on which of the listed events occurs first.
If, after the order has been received or after the contract has been concluded, it turns out that the goods are not available or that the specified delivery time cannot be met, although a corresponding binding transaction has been concluded, the MSV Musik-Center reserves the right not to provide the promised service. In such a case the customer will be notified immediately. Any payments made will be refunded. Further claims against the MSV Music Center are excluded.
3. Delivery Terms
Shipping costs may apply in addition to the stated product prices. You can find out more details about any shipping costs HERE.
In principle, you also have the option of picking it up at M.S.V. Musik-Sound-Vertriebs GmbH, Wirtschaftsstrasse 14, 2201 Hagenbrunn, Austria during the following business hours: MON-FRI 9 a.m.-6 p.m., SAT 10 a.m.-5 p.m
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
When placing the order, enter your credit card details. Your card will be charged after the goods have been dispatched.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal after the goods have been shipped. You will receive further information during the ordering process.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment option. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Please note that our partner Klarna is an independent billing company. The MSV Music Center has no influence if your payment with Klarna is declined. Please note that when purchasing on account with Klarna, there is a payment period of 30 days. If this payment is delayed, you will receive a first reminder from Klarna by email, which already contains a fee. This is aimed exclusively at Klarna. Any problems, questions or objections are addressed exclusively to Klarna.
Cash on pickup
You pay the invoice amount in cash upon collection.
5. Right of withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
6. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
Please report the transport damage within 24 hours of receipt of the goods in writing by email to email@example.com.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
8. Warrenties and Guarantees
If there is a defect in the purchased item for which MSV Musik-Center is responsible, MSV Musik-Center is entitled to choose between remedying the defect or delivering a replacement. If the MSV Musik-Center is not willing or able to remedy the defect/replacement or if this is delayed beyond a reasonable period of time for reasons for which the MSV Musik-Center is responsible, or if the remedy of the defect/replacement fails in any other way, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price.
Unless otherwise stated below, further claims by the customer -- regardless of the legal grounds -- are excluded.
The MSV Music Center is therefore not liable for damage that has not occurred to the delivery item itself; In particular, the MSV Musik-Center is not liable for lost profits or other financial losses suffered by the customer. Insofar as the liability of the MSV Musik-Center is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
If the MSV Musik-Center negligently violates an essential contractual obligation, the obligation to pay compensation for property damage or personal injury is limited to the typically occurring damage, insofar as this is due to intentional or grossly negligent action or culpable violation of an essential contractual obligation by the MSV Musik-Center or a vicarious agents (e.g. the delivery service) of the MSV Musik-Center. Any further liability for damages is excluded.
Unless otherwise agreed, the guarantee is six months, excluding lamps. The warranty period is two years, calculated from the transfer of risk. This period is a statute of limitations and also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted.
Culpable or improper treatment or improper installation and use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by the MSV Musik-Center, which cause defects or damage, are excluded from the warranty.
Defects that occur during the warranty period must be reported to the MSV Music Center immediately.
The return of these goods must only take place after the consent of the MSV Musik-Center. Goods that are returned to the MSV Musik-Center for repairs outside of the warranty period must also be sent to the MSV Musik-Center carriage paid.
Minor color deviations of the original from the online catalog picture cannot be claimed as a defect. Wear and tear due to use is excluded from the warranty.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of a promise of guarantee, if agreed, or
as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find HERE. Consumers have the opportunity to use this platform to settle their disputes.
11. Governing Law and Jurisdiction
Austrian law applies to the exclusion of the UN Sales Convention. The exclusive place of jurisdiction for all claims in connection with the business relationship is Korneuburg. The MSV Musik-Center is also entitled to sue at the general place of jurisdiction of the customer.
12. Maturity and Payment, Default
If the customer is in default of payment, the MSV Musik-Center is entitled to demand default interest of 12% above the base interest rate p.a. announced by the Austrian National Bank. If the MSV Musik-Center has demonstrably incurred a higher damage caused by the delay, the MSV Musik-Center is entitled to assert this.
13. Privacy and Security
Further information can be found HERE