Terms and Conditions
Terms and Conditions
1. Applicability of the General Terms and Conditions
Deliveries and services from ChangeMaker GmbH are provided exclusively on the basis of the following General Terms and Conditions (GTC) in their version valid at the time of the order. Deviating provisions are only effective if they have been agreed upon in writing. The GTC of ChangeMaker GmbH also apply to future orders from the customer, even if they are not expressly agreed upon again; in this case, the version of the GTC valid at the time of the future order shall apply. The customer can view, download, and print the currently valid version of the GTC on the webshop.
2. Conclusion of the contract
2.1 The contracting parties are the customer and ChangeMaker GmbH, Hauptstraße 34, A 8582 Rosental. The contractual, ordering and business language is German.
2.2 The offers on the ChangeMaker GmbH website are a non-binding invitation to the customer to order goods. By ordering goods, the customer submits a binding offer. The order can be placed by completing and submitting the online form on the website, via email, by telephone, or by mail. The customer's offer becomes effective as soon as the order is received by ChangeMaker GmbH.
2.3 ChangeMaker GmbH may accept an offer within 7 working days of receipt. If this period expires without acceptance, the offer is deemed rejected. Acceptance occurs through the sending of an order confirmation or by dispatching the ordered goods. The dispatch date is decisive for compliance with the acceptance period. Order confirmations may also be sent by email.
2.4 Should the order confirmation or any other legally binding declaration from ChangeMaker GmbH contain errors, or should the pricing be based on transmission errors, ChangeMaker GmbH is entitled to contest the declaration due to error, whereby the burden of proof regarding the error lies with ChangeMaker GmbH. Any payments received will be refunded in this case after careful review.
3. Condition of the purchased item
The characteristics of the purchased item underlying this contract are solely derived from the product specifications provided by ChangeMaker GmbH. Any deviations require a written agreement.
4. Prices and Payment Terms
4.1 Payment is processed in the currency specified in the shop. Prices quoted within the EU include VAT. Any packaging and shipping costs will be charged separately as a flat rate. See shipping information.
4.2 All prices apply only to shipping within the EU. The prices valid at the time of ordering always apply. With each update of the ChangeMaker GmbH website, all previous prices and product information become invalid.
Separate charges apply for packaging, shipping, and insurance. Please refer to the "Shipping Costs" section in our shop for these costs.
4.3 Payment is made in advance by bank transfer or via the payment methods offered in the shop. A cash-on-delivery fee will be charged for cash on delivery payments. Please refer to the "Shipping Costs" section of our shop for details.
4.4 The payment amount shown on the invoice must be paid in full to ChangeMaker GmbH, regardless of the payment method. Deductions for transaction fees and similar charges, such as those incurred when paying through international banks, are not accepted by ChangeMaker GmbH Haus der Musik – hdm-shop.
5. Contract cancellation
5.1 The customer may withdraw from their contractual declaration within 14 calendar days without giving reasons, either in writing (e.g., letter, email) or by returning the goods (right of withdrawal). The withdrawal period begins, for contracts for the delivery of goods, upon delivery of the goods to the supplier, and for contracts for the provision of services, on the day the contract is concluded. Timely dispatch of the notice of withdrawal or the goods is sufficient to meet the withdrawal deadline.
5.2 Notices of cancellation and returns must be sent exclusively to
ChangeMaker GmbH, Hauptstraße 34, A 8582 Rosental
Email: info@changemaker-music.com.
5.3 The right of withdrawal does not exist
I.) in the case of contracts for the supply of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs;
II.) in the case of contracts for goods which, due to their nature, are not suitable for return;
III.) in the case of contracts for the supply of audio or video recordings or software, if the supplied data carriers have been unsealed by the consumer;
IV.) in all other cases regulated by law.
5.4 If a customer withdraws from the contract, they must return any goods already delivered immediately, but no later than 14 days, at their own risk. The return address is:
ChangeMaker GmbH, Hauptstraße 34, A 8582 Rosental
Returns are at the customer's risk and expense.
If returning the goods is impossible or impractical, the customer must compensate ChangeMaker GmbH for the value of the goods, provided they derive a clear and substantial benefit from them. If the customer has used the goods, they also owe ChangeMaker GmbH reasonable compensation for the use and for any depreciation in value resulting from the use.
ChangeMaker GmbH will refund any payments already made by the customer in the event of contract cancellation, upon return of the goods.
6. Delivery conditions
6.1 Deliveries will be made to the delivery address provided by the customer.
6.2 Delivery is made via Austrian Post, a parcel service, by rail with home delivery or by self-delivery by ChangeMaker GmbH.
6.3 The delivery period is stated in the electronic catalog. Delivery dates are non-binding unless a specific delivery date has been expressly agreed upon in writing. In any case, we will deliver within the statutory period of 30 days.
6.4 All deliveries are subject to the condition that ChangeMaker GmbH itself receives timely and proper delivery from its chosen supplier. Should a product ordered by the customer be unavailable for reasons beyond ChangeMaker GmbH's control, ChangeMaker GmbH will inform the customer immediately. In this case, the customer has the right to withdraw from the contract. If the customer does not withdraw, ChangeMaker GmbH may deliver a product of equivalent quality and price instead of the ordered product or withdraw from the contract itself. If either the customer or ChangeMaker GmbH withdraws from the contract, any payments already made by the customer will be refunded immediately.
6.5 Force majeure or other unforeseen obstacles within the sphere of ChangeMaker GmbH release it from the obligation to fulfill its agreed-upon commitments. Force majeure includes, in particular, operational and transport disruptions, pandemics, embargoes, epidemics, war, improper performance by subcontractors, transport interruptions, or production shutdowns; for the duration of the aforementioned impediment, ChangeMaker GmbH is released from its obligation to perform, without the customer being entitled to any price reduction or other compensation.
7. Retention of title
7.1 The ordered goods remain the property of ChangeMaker GmbH until full payment has been received.
7.2 Prior to the transfer of ownership, any disposal of the goods (resale, rental, pledging, transfer of ownership as security, processing, modification, etc.) is not permitted without the express consent of ChangeMaker GmbH.
8. Transport damage; Customer's obligations to inspect and report defects
8.1 If goods are delivered with obvious damage to the packaging or contents, the customer must immediately report this to the carrier/freight service and refuse acceptance. ChangeMaker GmbH must also be contacted immediately.
8.2 Hidden defects must be reported to ChangeMaker GmbH immediately upon discovery.
8.3 The fulfillment of the obligations according to 8.1 and 8.2 has no influence on the customer's warranty claims.
9. Warranty
9.1 The customer's warranty claims against ChangeMaker GmbH for defects in the delivered goods are governed by the statutory provisions, unless otherwise stipulated in the following provisions. The warranty period ends 6 months after delivery.
9.2 Damage caused by improper or non-contractual actions of the customer during installation, connection, operation, or storage of the goods does not give rise to any claim against ChangeMaker GmbH. Improper and non-contractual actions are determined in particular by the manufacturer's instructions.
10. Liability ChangeMaker GmbH
11.1 ChangeMaker GmbH is liable for property damage only if ChangeMaker GmbH or its agents have caused it intentionally or through gross negligence. ChangeMaker GmbH is liable for personal injury in all cases of culpable causation by ChangeMaker GmbH or its agents.
12. Prohibition of set-off and retention
12.1 The customer is not entitled to offset his own claims against claims of ChangeMaker GmbH, unless the customer's claims have been acknowledged by ChangeMaker GmbH or legally established by a court of law.
12.2 The customer is not entitled to withhold payments due to claims against ChangeMaker GmbH, unless ChangeMaker GmbH fails to provide its services under the same transaction.
13. Ineffective clauses
14.1 Should one or more provisions of these Terms and Conditions be invalid, this shall not render the entire contract invalid. The invalid provision shall be replaced by the relevant statutory provision.
14. Jurisdiction and applicable law
15.1 The place of jurisdiction for all legal actions arising from the supply contract is Voitsberg.
15.2 These General Terms and Conditions and the contracts concluded under these General Terms and Conditions are subject to Austrian substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15. Place of performance
The place of performance for all business transactions is the company's location.
ChangeMaker GmbH
Main Street 34
8582 Rosental