General terms and conditions
Webshop Holy Moly Jazzband Deluxe
1. scope of application
The music group Holy Moly Jazzband Deluxe sells various merchandise products as well as living room gigs. All offers available in Holy Moly's webshop https://www.holy-moly.at/shop/ and contracts concluded via this webshop are exclusively subject to the present General Terms and Conditions ("GTC") in the version applicable at the time of ordering or at the time of conclusion of the contract. Deviating terms and conditions of the customer do not apply, unless Holy Moly has agreed to such validity in writing.
2. contracting party
You enter into a contract with us when you purchase or conclude a contract at www.holy-moly.at:
Türkenstraße 15/1a, 1090 Vienna
Austria
3 Offer and conclusion of contract
The presentation of our products in the web shop does not constitute a legally binding offer.
By clicking the button "Order subject to payment", the customer submits a binding offer to conclude a purchase contract with us. We are not obliged to accept this offer. The customer is bound to his offer - subject to a statutory right of withdrawal - for two working days.
By placing an order, the customer declares that he/she agrees to these GTC. The GTC apply exclusively unless they are amended or supplemented either by supplementary special GTC for specific business areas or by express written individual agreement. The application of the customer's own GTC is excluded in any case.
The receipt of your offer is confirmed by an automatically generated e-mail to the e-mail address provided by you ("Order Confirmation"). This e-mail does not constitute acceptance of your offer. Please check the order data in the order confirmation. If you find an error or change your mind about the order, please let us know as soon as possible.
We may accept the customer's offer by confirming the offer in a further e-mail or by sending you the purchased product. ("Order Confirmation") or by sending you the purchased product.
4. delivery conditions and delivery periods or performance conditions and performance periods
Our offers (merchandise products) are open to all customers with a residence in one of the following member states of the European Union.
The delivery times for products listed in the webshop are approximate. If there are different delivery times for a particular product, these are listed directly on the product page.
We are entitled to execute the order of products in partial deliveries even without a corresponding request by the customer.
If we are prevented from meeting delivery deadlines or fulfilling the contract due to force majeure (e.g. strikes, pandemics, natural disasters) or other circumstances for which we are not responsible, we will inform you of this as soon as possible. The delivery period shall be extended by the duration of these events.
If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, we may withdraw from the contract. In this case, the customer will be informed immediately and, if necessary, the delivery of a comparable product will be suggested to him. If no comparable product is available or if the customer does not wish a comparable product to be delivered, we will immediately reimburse the customer for any consideration already paid.
5. special provisions for living room gigs
Our living room gigs (Guitar Trio, Jazzband Deluxe, Piano Trio) are only offered in the Vienna / surrounding area (30 km). The prices offered in the webshop are therefore only valid within this radius. The exact date of the respective living room gig will be agreed separately, after the order has been placed in the webshop. For venues further away, additional travel costs or expenses will be incurred. In any case, the customer shall provide a suitable performance venue (including power supply and sufficient space (for instruments, wardrobe, etc.)) at the agreed time. Delays, waiting times and changes to the schedule not caused by Holy Moly shall be borne by the customer. Any liability of Holy Moly and its band members for damage (except caused intentionally or by gross negligence), to materials, inventory or premises, which have arisen in the context of a living room gig, is excluded.
In the event of cancellation by the customer, the following costs will be incurred:
- cancellation up to three weeks before the performance date: 50% of the agreed price;
- cancellation from three weeks before the performance date: 100% of the agreed price;
Cancellation must be made in writing. Cancellation fees shall apply regardless of any new booking (replacement date). If a living room gig is cancelled by the customer, a cancellation fee shall apply in any case.
6. prices, shipping costs
The prices listed in our webshop are in EURO and include all taxes, but not packaging and shipping costs. The shipping costs depend on the respective product and shipping method (standard or express). The amounts stated at the time of order apply. The customer will be informed again about the prices, taxes and shipping costs in the order confirmation before completing the order.
7. (Copyright) rights to digital content
Digital contents are protected by copyright. The customer is granted the simple, non-transferable right to use the digital content offered for exclusively personal use in accordance with the copyright provisions (UrhG) in the manner offered in each case. The customer shall be permitted to download digital contents once and to copy them to end devices of his choice exclusively for personal use. Any further use or modification is not permitted, nor is copying or transferring the content to third parties or making it publicly accessible or forwarding it, making it available on the Internet or other networks, whether for a fee or free of charge, imitating it, printing it, reselling it or using it for other commercial purposes.
In the case of digital products, the customer will - as far as possible - be given the opportunity to make further downloads after the first download has been completed; however, there is no entitlement to this. Holy Moly is entitled to change, interrupt or discontinue the download option at any time, temporarily or permanently. In addition, Holy Moly is entitled to delete digital content from the customer account if there is good cause for doing so, in particular if there is a suspicion of infringement. This does not apply to digital content that is already stored on the customer's storage location.
8. terms of payment
Payment for the goods shall be made on the agreed date. Unless otherwise agreed, the invoice amount is due for payment immediately. If the customer defaults on payment, Holy Moly is entitled to charge interest on arrears in accordance with § 1333 ABGB (Austrian Civil Code) from the due date.
In the event of default, the customer undertakes to reimburse the reminder and collection expenses incurred, insofar as they are necessary and reasonable for appropriate legal prosecution. In the event of default in payment, an additional 10% interest on arrears shall be payable.
If third-party providers are commissioned with the payment processing, e.g. PayPal or credit card providers, their general terms and conditions of business or payment shall apply.
9. payment methods
The following payment methods are available:
Credit card
In the case of credit card payment, we instruct the customer's credit card institute to collect the invoice amount on the day we accept the order.
EPS - Online Banking
With this payment method, the customer is taken directly to the online banking website of his/her house bank. There, the customer makes the payment and completes the process. This payment method can only be used by customers with a bank account in Austria.
Paypal
After submitting the order, the customer is automatically redirected to PayPal. Upon final confirmation of your PayPal payment, the amount will be credited to Holy Moly immediately.
Direct debit(SEPA)
After the customer has granted direct debit authorisation (SEPA direct debit procedure) by sending us the completed customer master sheet, we process the orders promptly. In the case of payment by direct debit, we instruct the customer's banking institution to collect the invoice amount no later than 14 days after issuing the invoice.
Stripe
After submitting the order, the customer is automatically redirected to Stripe. Upon final confirmation of your PayPal payment, the amount will be credited to Holy Moly immediately.
10. retention of title
All goods delivered by us remain the property of Holy Moly until full payment has been made.
11 Right of withdrawal or cancellation
If the customer is a consumer within the meaning of the KSchG, the customer has the right to revoke the contractual declaration or an already concluded contract within fourteen days without stating reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. If a contract is concluded for a living room gig, the withdrawal period begins on the day the contract is concluded.
If we have not fulfilled our obligation to inform you about the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period shall be extended by twelve months. If we provide the information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, in the case of living room gigs, from the date of conclusion of the contract, the cancellation period ends 14 days after the date on which you receive this information.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form available at www.holy-moly.at/widerruf.pdf for this purpose. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:
- If you cancel your offer or a contract that has already been concluded, we must refund all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your cancellation of this contract.
- For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
- The revocation shall not be effective for deliveries or services already received, but only for future deliveries or services and must be made in writing.
- You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to:
Türkenstraße 15/1a, 1090 Vienna
Austria
E-mail: gernot.weninger@holy-moly.at
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You must pay for any loss in value of the goods or products if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functioning of the goods.
There is no right of withdrawal for:
- Goods that are manufactured according to customer specifications, are not prefabricated or are clearly tailored to personal needs and for the manufacture of which an individual selection or determination by the customer is decisive;
- Goods that can spoil quickly or whose expiry date would be quickly exceeded;
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
- In the case of contracts for the supply of digital content not stored on a physical data carrier, such as electronic tickets, e-books or audio books, if the customer has expressly consented to the performance of the contract commencing before the expiry of the cancellation period and was aware that he had waived his right of cancellation by giving such consent.
12 Warranty and liability
The warranty is governed by the statutory regulations.
We shall only be liable for damage that we or our vicarious agents have caused to you intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act.
Furthermore, any liability of Holy Moly is excluded.
13. data protection
To use the webshop for the first time, the customer must register by providing their contact details. If the customer uses his online customer account, we store the data necessary for the fulfilment of the contract, this also includes payment data. Furthermore, we store the voluntary data provided by the customer for the duration of use of the customer account.
Holy Moly reserves the right to close/block or delete a customer account in the event of suspected misuse. All data in the password-protected customer area or under our contact details can be changed at any time. The data processing in the webshop is based on Art 6 (1) lit b DSGVO and serves the execution of the contract.
For further information, please see our privacy policy
www.holy-moly.at/datenschutz
14. final provisions
Place of performance is Vienna.
Every contract concluded in our webshop is exclusively subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and reference norms of international private law.
The contractual language is German.
Should one or more provisions of these GTC be invalid, this shall not entail the invalidity of the entire contract. The invalid provision will be replaced by the relevant statutory provision
The text of the contract will not be saved. We recommend that you archive our order confirmation and the enclosed GTC.
The exclusive place of jurisdiction is Vienna, BG Innere Stadt. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the customer may, in derogation thereof, only be sued before those courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
Cancellation form
If you wish to cancel the contract with Mr Gernot Weninger, Türkenstraße 15/1a, 1090 Vienna, Austria, please complete and return this form).
To
Türkenstraße 15/1a, 1090 Vienna
Austria
E-mail: gernot.weninger@holy-moly.at
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / provision of the following services (*)
Ordered on:
Received on:
Name:
Address:
Date: (*) Delete where inapplicable
Signature (only for communication on paper)