General terms and conditions of the CSM Production Ton- & Datenträger GmbH
("CSM Production") for the online shop ("AGB Online"):
1. Application field
The general terms and conditions on hand online apply to all deliveries and performances by CSM Production in the context of their online shop (http://www.csmstore.at).
Every deviation or every recognition of business conditions of the contracting party has to be held tight by the two contract parties particularly.
2. Offers and orders
2.1 All price quotations and offers of the online shop are carried out subject to alteration. Faulty or mistaken details of every type aren't definite in any way for CSM Production.
2.2 The conveyance of the online order is carried out via a protected connection exclusively by means of SSL (Secure Socket Layer). CSM Production tries immediately to process online orders upon receipt, not engaged, however.
The acceptance of the online order is made by actual producing of the ordered performance (e.g. mail task of the ordered product, execution of the music download), without it requiring an express explanation (real acceptance in
accordance with § 864 sales 1 ABGB).
2.3 Incompletely full online orders aren't processed.
2.4 If a product is not available the customer will become an e-mail. The customer is then authorized to cancel his order within 3 days upon receipt of this communication by e-mail. Be liable to CSM Production for it on no
account, it not or only with a delay availably is temporarily performance of the online shop that a certain product or one determined. The promise of a delivery time or a delivery date requires a separate agreement.
2.5 The promise of a delivery time or a delivery date requires a separate agreement. The danger with regard to the online ordered goods changes at the time of the consignment (e.g. mail, forwarding agent) on the customer.
3. Prices and dispatch
3.1 All prices of the online shop are exclusive VAT and inclusive of standard packing provided that nothing else is particularly noted down. The purchase price is immediately due with the acceptance of the order (item 2.2).
Cash discount is particularly excluded.
3.2 Default interest in the amount of 5% p.a. above the reference interest rate of the Austrian national bank settles in the case of the delay in payment be subject to the proof of a greater delay damage (Stand by Apr. 9th,
1999: 3,75%). Furthermore the customer situated in the delay commits himself to doing the carrying of all demanding payment expenses including the on the right legal expenseses according to the lawyer rate law in his valid setting.
3.3 Terms of payment arise from the choice of the customer in the context of his online order. Other terms of payment are excluded for lack of a separate agreement.
4. Guarantee and liability
4.1 In principle, CSM Production is liable for all products and performances in the context of the online shop to compensation regulations in the context of the legal guarantee regulations nund. Every liability of CSM Production for
compensation, however, is excluded due to an easy negligence, resultant damages, damages to other things as well as profit loss (subject to mandatory legal regulations).
4.2 If a customer's complaint of the customer proves to be unjustified, CSM Production is authorized to settle the effort arisen it of the check of the unjustified claim of the customer after its general rate leaps.
4.3 Legitimate claims are cleared exclusively by exchange or rendering the owed service lately. Change or price reduction is particularly excluded.
5. Reservation of title
Until the complete payment of all considerations resulting from the contract concrete order the delivered product or the service rendered remains in the property of CSM Production.
6. Music download
6.1 The digital transfer of data is understood by "music download" on the local hard disk of the customer in a common music format of the server of the online shop. At present MP3, AAC, QuickTime, Mpeg and RealAudio are primarily
considered as possible music formats. Separate applications are required for the account of these music formats. They aren't contained in the price of the products delivered by CSM or the services rendered.
6.2 Music downloads authorize the customer to dispose music data which within the bounds of the use on copyright for the private use free of charge. CSM Production reserves the right for itself to restrict the permitted disposal
about music downloads free of charge on a particular time period. Then every further disposal is inadmissible after expiry of this period, the music data have to be deleted by the customer.
6.3 Music downloads for money entitle the customer to the account and to the making of copies merely for the private use. This on the part of CSM Production settled a consideration doesn't contain provider charges arising in the
context of the music download and the conveyance charges (as a rule call charge).
6.4 The customer on no account is authorized to change the format or the contents of the music downloads.
6.5 The account quality of the music downloads depends substantially on its format. CSM Production isn't liable for an account quality of the music data which goes beyond the average quality of the respective music format.
7.1 As a place of performance for deliveries and payments the business seat is fixed by CSM Production. For all disputes from online orders this is in Vienna relevantly competent court as an exclusive place of jurisdiction agrees.
7.2 A material Austrian right under exclusion of the UN-Convention of the Apr. 11th, 1980 over contracts about the international goods purchase ("UNCISG") to the application comes onto the concrete contract relationship.