Naturinstrumente

Heimatklang

General Terms and Conditions
GTC

§ 1 Validity, Definitions

(1) Naturinstrumente Heimatklang, Rudolf Gräf, Ponholzweg 7, 2851 Krumbach / Austria, Austria (hereinafter: “we” or “Naturinstrumente Heimatklang”) operates an online shop for goods on the website https://www.heimatklang.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” in the sense of these terms and conditions 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, whereby a partnership with legal capacity is a partnership equipped with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of Contract Text

(1) The following regulations on the conclusion of the contract apply to orders via our online shop at https://www.heimatklang.com.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order takes place in the following steps:

  1. Selection of the desired goods,
  2. Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to shopping bag”, etc.),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview”, etc.),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the GTC and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and usage requirements, confirming a negative quality agreement,
  7. Confirming the shortening of the limitation period when purchasing used items,
  8. Completing the order by pressing the “Buy now” button. This represents your binding order.
  9. The contract is concluded by sending you an order confirmation to the specified email address within three working days.

(4) In the event of the conclusion of the contract, the contract is concluded with Naturinstrumente Heimatklang, Rudolf Gräf, Ponholzweg 7, 2851 Krumbach / Austria, Austria.

(5) Before the order, the contract data can be printed out or electronically secured using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC, and the cancellation policy, takes place by email after the order is triggered by you, partly automated. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. “back button” of the browser). They can also be corrected by prematurely canceling the order process, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, the receipt of emails is technically ensured, and in particular, is not prevented by SPAM filters.

§ 3 Subject of the Contract and Essential Characteristics of the Products

(1) In our online shop, the subject of the contract is:

  1. The sale of goods. The specifically offered goods can be found on our article pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this is expressly pointed out in the item description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject of the contract.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system, and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 2-4 working days after receipt of payment).

(5) Delivery is worldwide.

(6) If the delivery of the goods fails for reasons you are responsible for, you bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the dispatch if you effectively exercise your right of withdrawal. For the return costs, the regulation made in our cancellation policy applies if you effectively exercise your right of withdrawal.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Contract Language

The contract language is exclusively German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as tort is limited to intent or gross negligence.

(2) We are liable for slight negligence in the event of injury to life, body, health, or in the event of a breach of a material contractual obligation without limitation. If we are in default with the performance due to slight negligence, if the performance has become impossible, or if we have breached a material contractual obligation, the liability for resulting property and financial damages is limited to the contractually typical foreseeable damage. A material contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed performance described in § 3.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) When purchasing used items, the warranty period is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(4) Our alphorns are 100% produced in Austria. We grant a 3-year warranty on material and workmanship for the instruments and bags. There is no warranty claim on accessories, such as mouthpieces or sealing rings, as these are considered consumables. The prerequisite for the warranty claim is proper handling by the customer according to the handling list. In the case of improper handling, the warranty expires, and in such cases, an external expert can be consulted.

(5) Exclusion of Warranty:

  • lifting or handling the alphorn at the hand tube in an assembled state, as the leverage effect can cause cracks in the tubes.

  • pushing the alphorn on the ground, the bell foot can break, in the worst case the bell itself breaks.

  • very rare greasing of the connecting sockets, the sockets can wear out in the worst case and the individual tubes can no longer be separated without force, cracks and fractures due to force are then possible.

  • exposure to external moisture such as rain and snow to a greater extent

  • storage of the alphorn in damp or overheated places

  • the assembled horn must be disassembled after each playing session for proper dehumidification, otherwise moisture problems occur in the tubes

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Sales Convention do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.