1. APPLICATION OF TERMS
These General Terms and Conditions (GTC) apply to contracts with consumers and companies that are closed via mugent.com with mugent Music Software GmbH, Untersbergstrasse 4, 5020 Salzburg, AUSTRIA, hereinafter referred to as “mugent”.
These terms and conditions therefore apply to all offers, deliveries and services of mugent, irrespective of this, with the aid of which means of distance communication the contract is concluded. Within the online shop, only orders using the given system can be considered. Other orders (such as orders via e-mail, telephone) can unfortunately not be considered by mugent. By registering as a customer and by placing an order, you acknowledge these terms and conditions and agree with them. mugent is entitled to change the terms and conditions at any time. Without the consent of the customer to these terms and conditions, a purchase is unfortunately not possible.
Contract language is German.
2. OFFERS AND CONCLUSION OF CONTRACT
The acceptance of the order, or reservation is made by an order confirmation by e-mail. The notification of receipt of your order at mugent does not yet accept the order. The purchase contract is only concluded when mugent actually sends the ordered product (s) to the customer.
3. WITHDRAWAL LAW AT PURCHASE CLOSING ABOUT mugent.com
You have the right to revoke this contract without giving reasons until the order has been accepted by mugent or the delivery has taken place.
To exercise your right of withdrawal, you must inform mugent by e-mail of your decision to withdraw from this Agreement, prior to acceptance of the order by mugent or delivery.
Withdrawal will be deemed accepted as soon as you receive a confirmation email from mugent.
Consequences of the cancellation
If you withdraw from this Agreement as described above, we shall reimburse you for any payments we have received from you, including delivery charges, immediately and no later than fourteen days from the date on which we have confirmed your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
After acceptance of the order or delivery, the right of revocation and return is excluded in the case of distance contracts in accordance with § 18 para. 1 FAGG.
The prices quoted at the time of ordering apply in Euro (including VAT). Obvious price errors reserved. The payment of the goods takes place via PayPal or credit card.
5. ELECTRONIC INVOICE
The customer accepts the receipt of an electronic invoice (PDF).
6. PAYMENT AND OWNERSHIP
The purchase price is due when ordering the goods without deductions. The goods remain the property of MediaServices until full payment. Payment can be made by PayPal or by credit card.
7. COPYRIGHT AND DISCLAIMED RIGHTS
With the purchase the buyer acquires a work or product for the personal use, including the use in own works, but not for the unchanged or only insignificantly changed resale.
All rights to further exploitation of the underlying works, their motives or their implementation remain exclusively with mugent, even after a sale of the right to use the works.
8. DELIVERY CONDITIONS
8.1 Shipping to a delivery address
The delivery is made online, by Österreichische Post AG or by other logistics service providers to the shipping address specified by you.
9. DAMAGES AND LIABILITY
The liability of mugent against the purchaser for damages arising from the use of products purchased from mugent online is excluded, as far as mugent or its legal representatives or vicarious agents are guilty of willful misconduct, intent or gross negligence and nothing else follows.
Liability for damage resulting from injury to life, body or health remains unaffected by the aforementioned exclusions of liability.
We ask you to inform the transport company immediately about damage in transit.
Obvious defects must be reported in writing to the customer immediately after receipt of the delivery. Other defects that can not be discovered within this period, even with careful examination, must be reported in writing immediately, but no later than three months after delivery.
9.2 Exclusion of warranty
The title of the warranty does not cover any defects caused by the customer, including but not limited to:
Damage due to a foreign intervention
Improper handling or treatment of the products or works of art
Misoperation or unauthorized repair attempts by the owner or a third party
10. DATA PROTECTION
You agree that the personal data provided by you on a server of mugent, or a server of a commissioned service provider stored, processed and used for the duration of the contract (order processing and billing). Personal data is any information by which a person can be identified, directly or indirectly, e.g. Name, address, e-mail address, etc.
mugent strictly adheres to the Austrian or – if mandatory – the relevant data protection law in your country when storing and processing your data. mugent will take all measures to ensure the security of personal data, taking into account the state of the art and the economic viability. mugent, in particular, will only use such employees and third-party companies in the provision of its services, who have dutifully committed themselves to observing data secrecy.
We will gladly provide you with information about your personal data stored with us. You may, at any time, request the rectification, erasure and blocking of your personal information stored by us with future effect and revoke your consent to the use of your data. For the purpose of payment processing, your personal data may be transferred to the Payment Service PayPal www.paypal.com, which you agree to.
The user agrees that the data disclosed through mugent.com may be collected, processed, stored and used for company-internal market research and marketing purposes. This consent may be revoked at any time by e-mail to email@example.com with effect for the future. The personal data collected within the framework of this website are stored on a server of mugent, or a server of a service provider appointed for this purpose.
Mugent reserves the right, if appropriate, to exclude persons from the service of mugent, if there are good reasons for this and an exclusion is objectively justified.
For quality improvement and for the purpose of a user-friendly design of our offer, we use the statistics programs Google Analytics and Adobe Analytics, which records the use of our websites anonymously.
The use of statistical programs allows us to analyze the usage behavior. This allows us to improve our service and customize it to customer requirements.
In this context, we also use so-called cookies (also on Google UserID basis). Cookies are small text files stored on your computer and can not be assigned to specific people. A single profile about your usage behavior does not take place.
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be truncated by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google information.
You can prevent the storage of cookies by a corresponding setting of your browser software; however, we point out that in this case you may not be able to use all the functions of this website in full. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=en.
mugent uses Adobe Analytics (Omniture), a web analytics service provided by Adobe Systems Software Ireland Ltd. ( “Adobe”). Adobe Analytics collects anonymous data that helps us understand and analyze the usage behavior of our visitors. Adobe Analytics uses so-called cookies and pixel counts, which are retrieved or stored by your computer. The information obtained about your use of this website will be transmitted to and stored by Adobe’s servers. This information is passed on to us only as accumulated data that express trends in general website usage and are therefore not personally identifiable. Because Adobe Analytics does not record personally identifiable information, it is not possible to associate, merge, or associate anonymous information with your personal information.
Opt-Out: If you do not agree to Adobe Analytics recording anonymous data, click here to opt-out of tracking through the 2o7.net cookie.
11. USE INSTRUCTIONS / DATA PROTECTION STATEMENT OF CONSENT
The use of this website is subject to the conditions stated here: Users of this website agree to these rules and agree that mugent can under no circumstances be held responsible for the use of this website.
All content (text, images, sound files, animations and videos) and the design of the mugent website are solely for the personal information of our customers and are protected by copyright. Only for private purposes extracts may be copied, stored and further processed. Commercial use requires the express written permission.
Use of the website is at your own risk. mugent assumes no responsibility for the content of external websites that are referred to via hyperlinks. mugent dissociates itself hereby expressly from all contents of all linked sides of third and does not endorse these contents. This statement applies to all displayed links and to all contents of the pages to which links lead. All data in this offer enjoy copyright protection as databases and database works.
12. APPLICABLE LAW
The place of performance for all obligations resulting from the contract is Salzburg. The contract is subject to Austrian law excluding the UN sales law. Jurisdiction is Salzburg.
13. SALVATORY CLAUSES
The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions of this terms and conditions. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the invalid provision.
The headings of the terms contained in this Terms of Sale are for convenience only and may not be relied upon for interpretation.
14. METHOD OF ALTERNATIVE DISPUTE RESOLUTION
mugent recognizes the Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at, as an extra-judicial mediator for the establishment of an out-of-court settlement (information and conciliation procedure). However, this recognition does not apply to the formal arbitration procedure as described on the website www.ombudsmann.at and mugent in particular does not submit to the arbitration of the Internet Ombudsman or any other arbitral tribunal. Furthermore, the right of the contracting parties remains unaffected to follow the ordinary legal process at all times.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform, available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
Terms and Conditions mugent.com
(Austria) | As of May 1, 2016
You can reach us by e-mail at firstname.lastname@example.org.