1. Validity of the General Terms and Conditions
1.1. These general terms and conditions apply to all contracts between the buyer, customer ordering a work, or client (hereinafter “Customer”) and FEURICH Pianoforte GmbH (hereinafter “FEURICH” or “we/us”) concluded via our webshop regarding the goods and/or services offered there. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed. These terms and conditions also apply to follow-up orders, even if they are not separately agreed upon orally or in writing.
1.2. A consumer is any natural person who enters into a transaction that is not part of the operation of their business. Entrepreneurs are all legal entities or natural persons who, when concluding a legal transaction, act in exercise of their commercial or independent professional activity.
1.3. Agreements deviating from these provisions must be made in writing to be valid.
2. Offer and Conclusion of Contract
2.1. The product and service descriptions contained in the FEURICH online shop do not represent binding offers but are intended as invitations for the Customer to submit a binding offer.
2.2. The Customer can submit an offer via the online order form integrated into our shop. After placing the selected goods/services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button concluding the order process.
2.3. FEURICH can accept the Customer’s offer within 5 days:
2.3.1. by sending the Customer a written order confirmation or an order confirmation in text form (e.g., by e-mail), where the receipt of the confirmation by the Customer is decisive, or
2.3.2. by requesting payment from the Customer after placing the order.
2.4. If FEURICH does not accept the offer within the aforementioned period, this is considered a rejection, and the Customer is no longer bound by their declaration of intent.
2.5. If the Customer selects a payment method during the online order process and authorizes their payment service provider to immediately transfer the funds to the supplier’s account by clicking the order button, the supplier already declares acceptance of the offer at the moment the money is credited to the supplier’s account.
2.6. The period for accepting the offer begins the day after the Customer sends the offer and ends at the close of the fifth day following the offer.
2.7. When submitting an offer via FEURICH’s online order form, the contract text is stored by FEURICH and sent to the Customer along with these terms and conditions in text form (e.g., by e-mail) after submission.
2.8. Before the order is submitted, the Customer can continuously correct their entries using the usual input tools. Additionally, all entries are displayed in a confirmation window before final submission and can also be corrected there.
2.9. The contract is concluded exclusively in the German language.
2.10. Order processing and communication are usually handled by e-mail and automated systems. The Customer must ensure the email address provided for order processing is correct and that they can receive emails sent by the supplier or third parties commissioned by the supplier, especially ensuring SPAM filters do not block these emails.
3. Prices and Payment Terms
3.1. Our offers are available to customers with a residence or headquarters in a member state of the European Union. However, we only offer delivery of goods within the EEA.
3.2. Unless otherwise stated, the prices listed are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.3. All goods are generally considered ordered without installation. If installation is commissioned, unless otherwise agreed, it will be charged based on hourly rates upon proof. Additional work, overtime, night shifts, and other business-related extra costs are payable separately with the applicable legal surcharges.
3.4. Customers have various payment options for remote orders as listed in our online shop.
3.5. If advance payment is agreed upon, payment is due immediately upon contract conclusion.
3.6. If payment by invoice is selected, the purchase price becomes due once the goods are delivered and invoiced. The invoice must be paid within 14 days of receipt, unless otherwise agreed. FEURICH reserves the right to limit this payment option based on order volume and will notify the Customer accordingly in the shop’s payment section.
3.7. In the event of default, the Customer agrees to reimburse reminder and collection costs that are appropriate to the claim and to pay default interest of 8% p.a. Statutory default interest for entrepreneurs remains unaffected.
3.8. If the Customer defaults on payment or suspends payments, the entire remaining debt becomes due. For consumer transactions, this only applies if the supplier has already fulfilled their part, at least one installment has been due for over six weeks, and the supplier has unsuccessfully sent a reminder with a minimum two-week deadline and threat of loss of payment terms.
4. Right of Withdrawal
4.1. Consumers with residence in the EU have a right of withdrawal if:
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4.1.1. the contract is concluded outside of the supplier’s business premises;
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4.1.2. the offer was made under such circumstances;
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4.1.3. the contract is concluded via remote means after the consumer was approached in person at another location;
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4.1.4. the contract results from a trip organized to sell goods or services;
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4.1.5. the contract is concluded exclusively via remote communication means as part of a distance selling system;
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4.1.6. the declaration was not made in the supplier’s business premises or at a trade fair/market used for such purposes.
4.2. The right of withdrawal does not apply under clause 4.1.6 if:
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4.2.1. the consumer initiated the business connection,
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4.2.2. no prior discussion between parties occurred,
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4.2.3. both parties must perform immediately and the price does not exceed €25 or €50 depending on business type,
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4.2.4. the consumer made the declaration in absence of the entrepreneur without pressure.
4.3. The right of withdrawal is also excluded for services if the entrepreneur, upon the consumer’s express request, began execution before the withdrawal deadline, and the consumer:
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4.3.1. confirmed that withdrawal rights expire upon full performance, or
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4.3.2. expressly requested the visit for repairs.
4.4. If the consumer withdraws after services have already begun due to their request, they must pay a proportionate amount for services rendered up to the point of withdrawal.
4.5. The right of withdrawal does not apply to off-premises contracts where the fee does not exceed €50.
4.6. More information is provided in our cancellation and waiver instructions.
5. Delivery and Shipping Terms
5.1. Delivery of goods is via freight to the delivery address provided by the Customer unless otherwise agreed. The delivery address provided during the order process is decisive.
5.2. If the shipment is returned due to failed delivery, the Customer bears the cost unless they are not responsible or were temporarily unable to accept the delivery despite appropriate notification.
5.3. In case of withdrawal, the Customer bears the return shipping costs. Original shipping is refunded unless the piano was custom-made (FAGG exclusion). Refund occurs after the return and inspection (within 7 working days). The return must occur within 14 days. The original box need not be kept. The Customer bears the risk for loss or damage during return shipping.
5.4. For entrepreneurs, the risk passes to the Customer upon handover to the carrier. For consumers, the risk passes upon delivery unless the consumer chose the carrier without using a proposed option.
5.5. For self-collection, FEURICH notifies the Customer by email once the goods are ready. The Customer may then pick up the goods by arrangement. No shipping costs apply in this case.
6. Retention of Title
6.1. Ownership remains with FEURICH until full payment is received.
7. Warranty
7.1. Deviating from statutory rules, the following applies to entrepreneurs:
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7.1.1. Insignificant defects do not entitle to warranty claims.
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7.1.2. FEURICH decides how defects are remedied.
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7.1.3. Replacement does not restart the warranty period.
7.2. Consumers are requested to report transport damage to the carrier and notify FEURICH. This has no effect on statutory rights.
7.3. The Customer is informed that maintenance tasks such as regular cleaning, tuning, and humidity control may be required.
8. Liability
8.1. FEURICH is liable only in cases of intent or gross negligence. For negligent breach of duties, liability is limited to foreseeable, typical damage.
8.2. Any further liability is excluded.
9. Duty to Cooperate
9.1. It is assumed that delivery vehicles can park directly at the building. Extra transport effort will be billed. From the 2nd floor up, mechanical lifting devices must be provided. Stairs must be passable. Any delays or obstructions caused by the Customer will be billed.
9.2. The Customer or an authorized third party must confirm proper delivery/performance by signing a work sheet. Entrepreneurs confirm defect-free delivery by doing so.
10. Applicable Law / Jurisdiction
10.1. Austrian law applies, excluding the UN Convention. For consumers, this applies only if it does not deprive them of mandatory protections from their home country.
10.2. For entrepreneurs, jurisdiction is at FEURICH’s registered office.
11. Alternative Dispute Resolution
11.1. The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
11.2. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.