General Terms and Conditions
(valid from: 01.05.2024) represented by the Favola in Musica. Music and cultural association, ZVR number: 387201057
Imprint
Imprint
Our non-profit organisation Favola in Musica. Musik- und Kulturverein operates the virtual shop “favolainmusica.com/shop”.
Favola in Musica. Music and culture association & 1607 Records (own label) & 1607 ensemble
Karnberg 14, A – 9556 Liebenfels, Austria
Our non-profit cultural association runs its own label 1607 Records (only its own, no third-party CD productions) and the 1607 ensemble für alte & neue musik, a music ensemble.
Telephone: +43 699 120 98 703
Customer service: Monday – Thursday from 9h00 to 12h00
Information, data information and complaints at: hello@favolainmusica.com
Board of the organisation: Maria Weiss, BA
Address of the management: Karnberg 14, A – 9556 Liebenfels, Austria
Our online shop is an indispensable auxiliary operation to raise the funds to fulfil the purpose of the association.
Purpose of the association/object of the association (extract from the articles of association):
“The association, whose activities are not profit-oriented, aims to realise creative and unconventional art projects and make them accessible to the general public in order to benefit the common good in the intellectual, cultural and material fields. The purpose of the organisation shall be achieved by the non-material and material means listed in paragraphs 2 and 3.”
Information obligation according to §5 E-Commerce Act, §14 Business Code, §63 Industrial Code and disclosure obligation according to §25 Media Act.
CONTENT
Responsible for the content
Music and cultural association “Favola in Musica”
ZVR number: 387201057
Karnberg 14 | A – 9556 Liebenfels | Austria
Mail: hello(a)favolainmusica.com
Phone: +43 699 120 98 703
Customer service: Monday – Thursday from 9h00 to 12h00
Information, data information and complaints at: hello(a)favolainmusica.com
Media owner, publisher
Music and cultural association “Favola in Musica”
Karnberg 14, A – 9556 Liebenfels, Austria
Legal form
NON-PROFIT ORGANISATION
ZVR number: 387201057
ORGANISATIONAL REPRESENTATIVES
Board of the association: Maria Weiss, BA
Deputy chairman of the association: Dr Esther Jo Steiner
ADDRESS OF THE MANAGEMENT
Karnberg 14, A – 9556 Liebenfels, Austria
HEAD OFFICE
Karnberg 14, A – 9556 Liebenfels
Phone: +43 699 120 98 703
E-mail: hello(a)favolainmusica.com
DONATION ACCOUNT
Account holder: Music and cultural association “Favola in Musica” IBAN: AT072011182027424000 | BIC: GIBAATWWXXX
PURPOSE OF THE ASSOCIATION
The purpose of the association, whose activities are not for profit, is to realise creative and unconventional art projects and make them accessible to the general public in order to benefit the common good in the spiritual, cultural and material fields.
COMPETENT AUTHORITY
District authority of St. Veit an der Glan, Hauptplatz 28, 9300 St. Veit an der Glan
VOLUNTARY BEHAVIOURAL GUIDELINES
www.guetezeichen.at
General information
Die Allgemeinen Geschäftsbedingungen gelten für den Verkauf und die Lieferung von Waren sowie die Erbringung von Dienstleistungen durch unseren Verein. Unser Verein liefert die Waren und erbringt die Dienstleistungen innerhalb Österreichs und innerhalb der Länder der EU. Mit dem Anklicken der Checkbox an der Kasse vor dem Kauf „„Mit deiner Bestellung erklärst du dich mit unseren Allgemeinen Geschäftsbedingungen und Widerrufsbestimmungen einverstanden.““ erklärt sich die/der Käufer*In mit diesen Allgemeinen Geschäftsbedingungen einverstanden und an sie gebunden.
Unsere Angebotspalette ist unverbindlich. Die Bestellung der/des voll geschäftsfähigen Kund:*nnen (Personen ab dem 18. Lebensjahr) stellt ein Angebot zum Abschluss eines Kaufvertrages dar. Die anschließend von uns verschickte Bestätigung des Eingangs der Bestellung iSd § 10 Abs 2 ECG stellt an sich noch keine Annahme des Angebotes dar. Der Kaufvertrag kommt erst zustande, sobald wir die bestellte Ware ausliefern, durch den Versand einer zweiten E- Mail als Auftragsbestätigung oder durch sonstige Annahme des Kund*innenangebots. Alle Angebote auf unserer Website sind freibleibend, unverbindlich und nur erhältlich solange der Vorrat reicht.
2. Order process, order correction, order cancellation
Once you have selected the desired product, you can add it to your shopping basket without obligation by clicking the [add to basket] button. You can view the contents of the shopping basket at any time by clicking on the shopping basket symbol
at the top right of the screen. You can delete the products at any time by clicking on them and remove them from the shopping basket:
There are two ways to do this:
In the CART:
1. click on the “X” located to the right of the item, then click on the [Update shopping basket] button located to the right below the order and delete the item from the shopping basket in this way.
2. to the right of the item, you can increase or decrease the order quantity by clicking [+] or [-] and thus set it to ZERO [0]. Then click the [Update shopping basket] button on the right under the order and the item is deleted.
At the checkout
Click on the [Edit order] button to return to the CART and carry out the above steps for “In the CART” to delete the item.
If you want to buy the products in the shopping basket, click the [Continue to checkout] button. Please then enter your details. When ordering for the first time, you can register as a “New user”. For further orders, it is sufficient to enter the login and password specified by the user during initial registration. You can also order as a “guest”.
It is possible to add a donation for our non-profit organisation to your order. Your data will be transmitted in encrypted form. After entering your data and selecting the payment method, you can finalise the order process by clicking the button [“Order with obligation to pay”]. You can correct your entries by pressing the browser’s “back arrow”. The order process can be cancelled at any time by closing the browser.
Immediately after your registration you will receive your access data by e-mail.
We save the text of the contract and send you the order confirmation by e-mail. In this e-mail you will also find our terms and conditions, a sample cancellation form and an invoice. For security reasons, your order details are no longer accessible via the Internet. You can find a detailed description of how to order in our shop under: SERVICE – please scroll down to “Frequently asked questions”. Under “How does the ordering process work” you will find a detailed description.
3. Contract language
The content of the contract, all other information, customer service, data information and complaint handling are offered in German and English.
4. Prices
The prices are valid at the time of the order plus all shipping costs. They can be seen in the shopping basket before the contract is concluded and then in the contract confirmation sent to the customer. Should export or import duties become due in the course of shipping, these shall also be borne by the customer (information on this can be obtained from your local customs office).
5. Right of Cancellation
Consumers according to KSchG have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is:
- in the case of a service contract or a contract for the supply of digital content that is not supplied on a tangible medium, fourteen days from the day on which the contract is concluded.
- in the case of a purchase contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
- in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
- in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
- in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.
To exercise the right to cancel, you must inform us (Musik- und Kulturverein “Favola in Musica”, Karnberg 14 | A – 9556 Liebenfels | Austria, Mail: hello@favolainmusica.com, Tel.: +43 699 120 98 703) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory (voluntary). You can also complete and submit the model cancellation form or another clear declaration electronically on our website (under this link). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
If you have received goods in connection with the contract, you must return the goods immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to: Musik- und Kulturverein “Favola in Musica”, Karnberg 14, A – 9556 Liebenfels, Austria.
The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
- You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, cancellation is completely excluded.Sample cancellation form
(If you wish to cancel the contract, please complete and return this form)– To the music and culture association “Favola in Musica” Karnberg 14 | A – 9556 Liebenfels | Austria]:
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
provision of the following service (*) – Ordered on (*)/received on (*)
– Name of the consumer
– Address of the consumer
– Signature of the consumer (only for notification on paper) – Date
(*) Delete as appropriate.Download as sample cancellation form (Word) and sample cancellation form (PDF).
- Free software to open a PDF file:
- Adobe Acrobat Reader © (Download: http://get.adobe.com/de/reader/)
- Notes for the smoothest possible processing of the return
- (1) If possible, please return the item to us in its original packaging.
- (2) If you only want to return one item from the delivery, but have ordered other items that you would now like to pay for by invoice, simply deduct the item that you have returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.
- The consumer has no right of cancellation for contracts for
- services if the entrepreneur has provided the service in full, whereby in those cases in which the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition, the association has begun to fulfil the contract with the prior express consent of the consumer and if the consumer
- either confirmed before the start of the provision of services that he/she has acknowledged that he/she loses his/her right of withdrawal upon complete fulfilment of the contract,
- 12. goods or services whose price depends on fluctuations in the financial market over which the Association has no control and which may occur within the cancellation period
- 13. goods that are manufactured according to customer specifications or are clearly customised to personal needs,
- 14. goods that can spoil quickly or whose expiry date would be quickly exceeded
- 15. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
- 16. goods which, due to their nature, have been inseparably mixed with other goods after delivery,
- 17. audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
- 18. newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
- the provision of digital content that is not to be delivered on a physical data carrier, if the Association has begun to fulfil the contract, whereby in those cases in which the consumer is obliged to make a payment under the contract, the right of withdrawal shall only lapse if, in addition
- 1. a) the consumer has expressly consented to the commencement of the fulfilment of the contract before the expiry of the withdrawal period,
- 2. b) the consumer has confirmed that he/she has taken note of the fact that he/she loses his/her right of withdrawal due to the premature commencement of the fulfilment of the contract, and
- 3. c) the organisation has provided the consumer with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) FAGG.
6. Payment
We accept the following payment methods
Bank transfer
In the case of payment by bank transfer, the customer must make payment within one week of receiving the order confirmation. Delivery will be made after receipt of payment.
PayPal
You can order cashless with PayPal. If you choose this payment method, you will be forwarded directly to PayPal for payment. If you already have a PayPal account, you can log in with your account details and make the payment. If you are new to PayPal, you can create a user account for free by entering your bank or credit card details. You then pay by entering your email address and a password and receive a payment confirmation by email. Your order will then be processed immediately. You can find more information here: SERVICE
Credit card via PayPal
If you do not have a PayPal account, you can pay by credit card via PayPal. You can find the exact conditions here: https://www.paypalobjects.com/digitalassets/c/website/ua/pdf/DE/de/privacywaxelv.pdf
Invoice
If you choose to pay by invoice, we will send you your order as soon as we receive it and ask you to pay within 2 weeks of receiving your order.
7. Default of Payment
If the customer is in default of payment, we are entitled to demand the statutory default interest. The statutory default interest between consumers and entrepreneurs is 4 percentage points.
8. Reminder fees
In the event of default, the contractual partner undertakes to reimburse us for the dunning and collection expenses to which we are entitled, even in the event of default in payment through no fault of our own, insofar as they are necessary for appropriate legal prosecution and are reasonable in relation to the claim, whereby he/she undertakes in particular to reimburse us for the costs incurred by us in the event of the involvement of a debt collection agency, insofar as these do not exceed the maximum rates of the fees due to debt collection agencies.
9. Default of Acceptance
In the event of default of acceptance by customers who have ordered as entrepreneurs, we shall be entitled to store the goods with us, for which we shall charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time, we insist on fulfilment of the contract.
10. Reservation of Title
We reserve title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells goods subject to retention of title, he/she must also pass on the retention of title. The customer must notify us immediately of any access by third parties to our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default of payment, our goods subject to retention of title must be returned immediately.
The return costs shall be borne by the customer.
11. Warranty, Liability, Guarantee
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from acceptance of the goods by the buyer or, in the case of services, from completion of the service. In the event of justified complaints about defects, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), the buyer shall be entitled to a price reduction or, if the defect is not minor, cancellation of the contract. Any defects must be reported upon delivery or as soon as they become apparent, whereby a consumer’s failure to report defects upon delivery or as soon as they become apparent shall have no effect on their warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he/she must inspect the goods within 2 weeks of receipt at the latest and notify us immediately if a defect is found. Our cultural association shall only be liable for damages caused by intent and gross negligence.
This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for (consequential) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. The guarantee must be claimed from the guarantor (the manufacturer/sometimes also the seller, if this is the manufacturer) and is subject to their terms and conditions. Please refer to the contract confirmation for any warranty conditions. Claiming under the guarantee does not limit the statutory warranty. When the goods are dispatched in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself/herself without making use of a selection option proposed by us, the risk shall pass to the carrier as soon as the goods are handed over.
12.Legal Matters
The contracting parties agree that Austrian law shall apply. If the consumer has his/her domicile or habitual residence in Austria or if he/she is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction for any legal action against him/her; this shall not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.
13. Place of Fulfillment
The place of fulfilment for all services arising from the contract is the registered office of our association.
Music and cultural association “Favola in Musica” | ZVR number: 387201057 Karnberg 14 | A – 9556 Liebenfels | Austria
14. Copyright
All news, photographs, videos, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.
15. Arbitration Board
We undertake to participate in the arbitration procedure of the Internet Ombudsman’s Office in the event of disputes: www.ombudsstelle.at
Further information on the types of procedure can be found at www.ombudsstelle.at.
The ODR platform can also be used to resolve disputes with our company: https://ec.europa.eu/consumers/odr
Our e-mail address: hello@favolainmusica.com
Music and cultural association “Favola in Musica” | ZVR number: 387201057 Karnberg 14 | A – 9556 Liebenfels | Austria
16. Delivery
Delivery is by post (Austrian Post). If not all of the items ordered are available for immediate delivery, those that are immediately available will be delivered immediately and others as soon as they are available. However, the delivery costs will only be charged once per order, even for partial deliveries.
17. Despatch
The shipping costs can be found in this list under the menu item “Shipping costs” under SERVICE.
18. Storage of the Contract
The contract text is stored by us and can be requested by you after completion of the order process. You can print out the order data immediately after submitting your order. To do this, you can either use the subsequent “My order” page or the “Order confirmation” e-mail.
19. Miscellaneous
Recourse claims within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within our sphere of responsibility and was at least due to gross negligence.
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.
Voluntary code of conduct: www.guetezeichen.at
The terms and conditions are also available for download as a PDF document:
The terms and conditions are also easily printable at this LINK.
Free software to open a PDF file:
Adobe Acrobat Reader © (Download: http://get.adobe.com/de/reader/)
20. Tickets
We sell admission tickets and tickets to our events via our partner Oeticket-light.
They are available on our website HERE https://favolainmusica.com/favola-shop/ under this link under the menu item TICKETS.
Through Oeticket-light, our tickets are also available at 4,000 advance booking offices throughout Austria and are of course also available at the box office.
The conditions of Oeticket-light apply to ticket sales. Here is all the information about Oeticket-Light:
WIDERRUF
GENERAL TERMS AND CONDITIONS
PRIVACY POLICY
IMPRINT
Oeticket-light
CTS Eventim Austria GmbH
Mariahilferstraße 41-43
FN 142099w
UID: ATU 405 98 509
E-Mail: support-light@oeticket.com