1.1 These General Terms & Conditions (hereinafter "GTC") shall apply to the business relationship between Bite, Punch & Growl Guitars (hereinafter "Manufacturer") and its Customers. A customer is a natural or legal person ordering goods or services (hereinafter "Goods") from the Manufacturer. Customers can be consumers or businesses. The Manufacturer herewith objects to the Customer's own Terms & Conditions, unless otherwise agreed upon explicitly in writing. These GTC can be viewed, saved and printed on the Manufacturer's online shop (hereinafter "Webshop") and they are also automatically included in the Manufacturer's order confirmations as amended from time to time.
1.2 For the purpose of these GTC, a consumer is defined as a natural person entering into a contract for purposes predominantly not attributable to his commercial activities. For the purpose of these GTC, a business is defined as a natural or legal person or a partnership with legal capacity entering into a contract exercising its commercial activities.
1.3 The Manufacturer's associates are prohibited from offering terms deviating from these GTC. Any oral agreements only have legal effect if confirmed in writing by the Manufacturer.
1.4 Wherever used herein, a pronoun in the masculine gender shall be considered as including the masculine and feminine gender.
2. Online Contracts/Distance Transactions
2.1 The product descriptions in the Webshop are not firm offers, but serve as a basis for firm offers by the Customer.
2.2 The Customer may submit his offer through the online order form integrated in the Webshop. After having added the selected Goods to the shopping cart and passed though the electronic order process, by clicking on the button concluding the order process, the Customer submits a binding offer with respect to the Goods in the shopping cart. Alternatively, the Customer may also submit his offer by e-mail.
2.3 After receipt of the order by the Manufacturer, the Customer will receive a confirmation of receipt. This confirmation does not represent an order acceptance. A contract will only be concluded if and when the Manufacturer explicitly expresses his acceptance or dispatches the Goods without explicit declaration of acceptance.
2.4 Any product specifications which are not stipulated in writing will be executed in customary manner. No cancellation right can arise in this connection.
2.5 The Manufacturer reserves the right to commonly occurring and reasonable deviations of dimensions, weights, colours, materials and textures from images and descriptions in the Webshop.
2.6 The Manufacturer reserves the right not to deliver Goods for productional or logistical reasons or without giving any reasons. Any payments made before by the Customer will be retransferred to the Customer. Any further claims from the Customer are herewith excluded.
2.7 The contract languages are German and English. For legal purposes the German text shall have priority of interpretation.
2.8 As a rule, orders are processed via e-mail and an automated order processing system. The Customer shall ensure to provide a correct e-mail address and set any spam filters in such a way that e-mails of the Manufacturer or third parties involved in the order process can be delivered.
2.9 The Customer acknowledges that the Manufacturer may use pictures, videos or sound files of a custom bass for marketing purposes and may rebuild a custom design without consideration.
3. Cancellation Right
General Cancellation Right
3.1. Consumers resident in the EU are entitled to a cancellation right of contracts, if such contracts come about exclusively through means of telecommunication. The cancellation period is fourteen days from the day the Customer or his substitute recipient receives the Goods. In order to exercise his cancellation right, the Customer shall explicitly inform the Manufacturer by e-mail to email@example.com about his decision to revoke the contract, giving all the information as specified in the below cancellation form.
3.2. In case of a cancellation the Customer shall resend the Goods to the Manufacturer at Lindauergasse 9B, 1230 Vienna, Austria within fourteen days from the day of the declaration of cancellation. The Manufacturer shall incur the cost of the return shipment only if the Customer uses the prepaid package label provided by the Manufacturer. The Customer shall incur any decrease in value of the goods only if such decrease is owed to treating the Goods in a way not necessary for inspecting the state, properties and functioning of the Goods. The Customer is asked to resend the goods in their original packaging including all packaging components in order to avoid damage claims concerning shipping damages due to inadequate packaging.
3.3. However, the consumer has no such cancellation right in cases of Goods made or modified according to Customer specifications.
3.4. Cancellation Form
via E-mail to firstname.lastname@example.org
Re: Cancellation Notice
I herewith revoke the following purchase contract:
Date of ordering goods:
Date of receipt of goods:
Name of consumer:
Address of consumer:
Date of cancellation:
4. Prices and Terms of Payment
4.1 Unless otherwise specified in the Webshop's product description, prices include VAT wherever VAT collection is required by law. Shipment and payment costs shall be quoted separately in the order process, if applicable.
4.2 In case of shipments outside the EU, additional costs may have to be incurred by the Customer. Such costs may include payment fees (e.g. for money transfers and currency exchange) or import related fees (e.g. customs duties and import taxes). Payment fees may also arise for shipments within the EU, if payment originates from a country outside the EU.
4.3 In case of delay in payment, the Customer undertakes to reimburse expenses necessary for dunning and collection including but not limited to legal expenses and pay default interest at a rate of 9% p. a. This shall not affect default interest for businesses as required by law. In case of payment by direct debit, the Customer shall incur any costs which may arise for rescinding of a payment transaction due to insufficient funds or incorrectly specified bank details.
4.4 In case a Customer is late in payments, suspends payments or insolvency proceedings are initiated, the entire remaining dept shall fall due.
5. Shipment and Delivery
5.1 The Goods shall be shipped to the delivery address entered by the Customer in the order process of the Webshop.
5.2 In case the shipping company returns the Goods to the Manufacturer due to impossible delivery, the Customer shall incur the costs of the failed shipment and return shipment.
5.3 If the Customer acts in his business capacity, the risk of accidental loss and accidental deterioration of the Goods is transferred to the Customer as soon as the Manufacturer hands over the goods to the shipping company. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the Goods is as a rule transferred to the Customer only when the goods are handed over to the Customer or his authorized substitute recipient.
6. Reservation of Ownership Title
The Manufacturer reserves his ownership rights in the delivered Goods until complete payment of the owed purchase price. Prior to complete payment, the goods may neither be assigned to third parties nor as security.
7.1 In case of defects, the rules of statutory warranty apply.
7.2 However, if the Customer is a business, minor defects do not as a rule constitute warranty claims, the Manufacturer has the right to choose the remedy and the statute of limitations does not restart if the Goods are substituted by way of warranty liability.
7.3 In case of apparent transport damage, the Customer is asked to complain immediately to the deliverer and inform the Manufacturer.
7.4 In case the Customer accepts the Goods despite his knowledge of a defect, he is only entitled to warranty claims, if he reserves such claims explicitly by e-mail to the Manufacturer immediately upon receipt of the Goods.
7.5 The Customer is advised that he may be required to carry out cleaning and maintenance work.
Lacquered wood surfaces are best cleaned with a soft cotton cloth, damped with water or mild hand soap. Under no circumstances shall the Customer attempt to use alcohol, acetone, white gas or any other agressive substances! Such agents will damage surfaces, especially body art and custom printed pickguards.
The unlacquered surface of black locust fretboards is best cleaned and hydrated with dedicated fretboard oil obtained from specialized suppliers. The Maufacturer can recommend such suppliers upon request.
To remove dust from hard-to-reach hardware corners, the Manufacturer recommends using a vacuum cleaner with a dust brush. Black hardware tends to loose its gloss over time. The Manufacturer recommends moderate application of silicone oil for restoring it.
Mounting and adjustment screws and nuts are to be checked periodically.
The Customer is herewith also advised of the necessity of adequate storage conditions for guitars. Excessive humidity can cause corrosion of electronic and metal parts, whereas lack of humidity and sizeable changes in temperature can damage the wooden parts. Room temperature at a relative humidity of 45% to 50%, avoiding the vicinity of heating devices and windows, air draught and lasting exposure to sun, can be regarded as ideal storage conditions.
Omitted or inappropriate maintenance work, inadequate storage and inappropriate handling can compromise the durability and functionality of the parts, without giving rise to claims against the Manufacturer.
7.6 Wear and tear from usage is excluded from the warranty.
The Manufacturer shall be liable to the Customer from all contractual, quasi-contractual and legal, and also delictual claims for compensation for damages and expenses as follows:
8.1 The Manufacturer is liable on whatever legal ground unrstricted in case of wilful intent or gross negligence as well as in case of intentional and negligent injury of life, body or health.
8.2 If the Manufacturer infringes negligently on a substantial contractual obligation, his liability is limited to the damage typical to the contract and predictable, insofar as he is not unlimitedly liable according to the preceding paragraph.
8.3 In all other cases, the Manufacturer's liability is excluded.
9.1 If the Customer commissions the Manufacturer to process the Goods according to customer specifications, the Customer has to ensure that his specifications and contents do not violate the rights of third parties and any laws, for example custom engravings or prints shall not violate intellectual property rights, personal or any other rights of third parties or prohibitive laws or be offensive in any other way. The Customer indemnifies and keeps the manufacturer indemnified from and against any claims of third parties or penalties of government authorities or courts which they might assert against the Manufacturer in this connection. The Customer shall also incur any reasonable expenses of necessary legal defence including court and lawyer fees at statutory rates.
9.2 In case of claims against the Manufacturer, the Customer shall without delay, truthfully and completely provide the Manufacturer with all information necessary for examination of such claims and defence against them.
10. Governing Law and Place of Jurisdiction
10.1 Any legal relationships between the Parties shall be governed by Austrian law excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer, this choice of law is valid only to such extent as the protection is not revoked by mandatory regulations of the country where the consumer has his residence.
10.2 The place of jurisdiction shall be where the Manufacturer has his registered office.
11. Severability Clause
11.1 In case any provision in these General terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Version v1, March 2019