I. General Terms and Conditions
The following delivery and payment terms of Otto G. Preiser & Co. GmbH, hereinafter 'PREISER RECORDS', apply to the entire business relationship, based upon the Austrian Fernabsatzgesetz [foreign sales law] (BGBl. no. 185/1999). Otto G. Preiser & Co. GmbH is a limited liability company based in Vienna. The business address is as follows: Linzer Straße 297 ,1140 Vienna / Austria. Alternative conditions stipulated by the purchaser are applicable only when explicitly recognized in writing. This applies even when alternative conditions are included or specified in the buyers order.
II. Product offers
All of our offers are subject to availability for delivery.
III. Track download
In its web shop, Preiser Records also offers individual downloadable tracks of music. Preiser Records adds to the respective track price a credit card transaction fee of 0.50 EUR per concluded transaction. This transaction fee is waived when at least 10 tracks are purchased.
Specified prices are in EURO, including 20% value-added tax, ex warehouse, including packaging, and are valid until cancellation. Freight and/or postage costs and transport insurance are not included. Reduced prices are never applicable to previously delivered or invoiced products.
Preiser Records strives to offer you the most economical download prices for the currently available selection. Your total price includes the price for the product and value-added tax (that is applicable on the day of download). Preiser Records retains the right to change prices for products offered in the Preiser web store at any time and does not grant price protection or returns due to price reductions or promotional measures.
We strive to fulfill all orders as quickly as possible. Unforeseeable delivery obstacles (operational disturbances, etc.) authorize us to make partial deliveries or completely or partially withdraw from the delivery agreement. Claims for damage compensation will not be recognized in these cases.
VI. Packaging and shipment
Packaging is performed in a professional way according to commonly accepted industry practices. Shipment occurs with normal means of transportation at the buyer's risk.
Deliveries within Austria with a gross product value of 45.00 EUR or more are not subject to shipping and handling costs. Orders below the above-mentioned value will be subject to postage costs of 3.00 EUR plus value-added tax.
Deliveries outside Austria will be subject to actually-incurred postage fees. Deliveries with a gross product value of 45.00 EUR or more are not subject to shipping and handling costs. If the buyer has special regulations for the method of shipment, these must be specified with every order. Right to changes reserved.
Product purchases made with orders originating in EU countries may be retracted within seven workdays (Monday-Friday). Purchases of sound-storage media may be retracted only if the product seal has not been breached. Return shipment must be at the buyer's expense. Preiser Records will refund the purchase payment made by the customer after receipt of the returned sealed product.
We deliver products in a flawless condition. In the case of justified claims of defect (production errors) Preiser will have the choice between delivering a replacement (identical item) or (if no longer in stock) issuing a credit in the relevant amount. Claims for hidden defects (such as a printing error that is detectable only after listening) are subject to an exclusion term of twelve months after receipt of the goods.
All download purchases are irrevocable. Delivery by the Preiser download store begins immediately with the downloading of the products from the Preiser download store. You are no longer authorized to cancel or return the delivery once delivery has begun.
Via Netbanking (Austria) or credit card If there is default in payment, Preiser Records can charge default interest equal to 5.5% above the current basic interest rate quoted by the Austrian national bank. In the event of payment default, the buyer agrees to reimburse any related warning and collection costs, including attorney fees.
IX. Property retention
Products delivered by Preiser Records remain the property of Preiser Records until full payment of the purchase price and all secondary claims. Therefore, in the case of default Preiser Records has the right notwithstanding its claim to payment of the purchase price to cancel the purchase agreement and demand return of the products in your property and if necessary demand compensation for damages incurred due to the buyer's default.
Unless otherwise indicated, all licensing obligations are fulfilled for image and sound-storage media that we deliver.
XI. Leasing, renting, making of copies
Our image and sound-storage media are intended for private use only. Leasing or renting our image and sound-storage media is not permissible. Transmission onto audio tape, film, or other media is not permitted except for private use.
If individual stipulations in our General Terms and Conditions are or become invalid, the remaining stipulations will still be legally valid.
XII. Place of fulfillment and place of jurisdiction
Place of jurisdiction and place of fulfillment for all disputes related to the business relationship assuming their legality will be Vienna.
Vienna, September 2006
Otto G. Preiser & Co. GmbH