General Terms and Conditions
1. For commercial relations of any kind between JungleArt OG, Feistritz an der Gail 166/2, 9613 Feistritz an der Gail, Austria (hereinafter referred to as “Brentariver Music”) and the customer the following General Terms and Conditions apply in the updated version
2. The representation of products in the online store does not constitute a legally binding offer, but only a non-binding online catalog of goods. By clicking on the “Buy” button, the customer sends a binding order of the goods contained in the cart. The confirmation of receipt of the order follows immediately after sending the order. The purchase contract is perfected only with our separate order confirmation. The contract text is saved and the order data is sent to the customer via e-mail.
3. Brentariver Music reserves the right not to perform the promised performance if the goods are not available after the conclusion of the contract, even though a relative obligatory store has been concluded. In this case the customer is informed immediately. Any reimbursements made are immediately reimbursed. Further claims against Brentariver Music are excluded
4. The language of the contract is Italian.
5. In detail, during an order in the online store, the customer completes the following technical steps:
o Click on the “Buy” button on the product page
o Redirect to the general order summary page (shopping cart), which completes the order completion phase using the “Conclude Order” button. Then the individual purchase phases are completed:
o Step 1 Select the “Billing Details” (in the event that the customer does not have a customer account and has not logged in, otherwise the billing and delivery addresses are saved);
§ enter billing details;
§ if the billing address is different from the delivery address, you can click on the “Send to a different address?” Checkbox
o Phase 2 In the next section “Your order” a summary of the order is displayed;
o Step 3 Select the Payment Method (by clicking on the desired payment method)
o Conclusion of the order;
o Following the conclusion of the order the customer will be contacted by Brentariver Music to define the details of the product and of the personalization;
o Within 48 hours (working days) the customer will receive a graphic draft via email to get an idea of the final result.
o Within 24 hours from receipt of the graphics by Brentariver Music if the customer does not communicate any changes, Brentariver Music will provide for the production and fulfillment of the order according to graphics sent.
The graphic drafts cannot represent 100% the result on the finished product, as they are digital drafts made with graphic programs that do not correspond to the realization, partially handcrafted, of the finished product.
At each of the phases of the order described above, the customer accesses through the common functions of his Internet browser.
- 2 Delivery
1. Our delivery time for customized products (straps, picks, pickguards, t-shirts and more) are about 10/15 working days. Once the goods are ready, we will contact the customer by e-mail, phone, whattsapp or via SMS to communicate the shipment data. Any changes or adjustments to an ordered product are possible only before production (ie within 24 hours after sending the graphic draft). Delivery is made to the address indicated by the customer when ordering.
2. All prices are for payment incl. VAT, plus any packing and transport costs.
3. In the case of shipments with delivery outside the European Union territory, any customs duties and taxes are charged to the customer.
4. The shipping costs for each order are charged to the customer himself, according to calculation and information on our site clearly visible when ordering.
5. Goods must be inspected immediately upon receipt by the customer or his agent for damage due to transport. If the addressee doubts the integrity of the package, he must immediately report it to the courier and accept it with reserve. Transport damage must be reported in writing to Brentariver Music and documented.
- 3 Right of withdrawal established by law
1. Right of withdrawal
In the case of personalized tailor-made goods, the right of withdrawal of the Consumer Protection Act is excluded. This right expires at the conclusion of a contract for the purchase of tailor-made products, as these are made to customer specifications and are clearly adapted to the needs personal. Please note that the production process for our tailor-made items can start the day after the order and therefore already cause costs.2. Any non-complianceWe strongly advise the customer to communicate all his needs and wishes during the initial order and immediately after sending the draft for approval.
For a claim after receipt of the goods, according to law, a period of 14 days is set after the fulfillment of the contract. We cannot accept complaints after this deadline. We only accept complaints about structural defects of the product (eg. breakdowns and breakages due to a defect in the raw material or customization). In this case, having ascertained the defect, a product replacement or reimbursement is envisaged, depending on an agreement between the two parties.
We do not accept, however, complaints received on customizations agreed with the customer and developed according to his indications and with his approval of the graphic draft (eg contestation on the aesthetics of the graphics made and the like). In this case there is no refund and, if necessary, replacement of the product, it is possible with shipping costs and the new production of the item to be paid by the customer.
- 4 Legal guarantee of conformity
• Defects or damage due to negligent or improper or incorrect treatment in the installation and use of inadequate accessories or modifications to the original parts by the customer or a non-commissioned by Brentariver Music, are excluded from the warranty.
• Wear-based wear is also excluded from the warranty.
• If the customer accepts the goods or the contract, despite the knowledge of a defect, the warranty claims are applicable to the extent described below only if a complaint is presented expressly and in writing (eg as e-mail) immediately after the receipt of the goods.
• The customer is entitled to claims for damages due to an existing transport damage if he has respected his duty to examine and report in writing.
• The warranty period for new items is 24 months. The period begins with the passage of risk.
• Brentariver Music is liable only for damages related to the injury of life, body and health to the extent that these are due to intentional acts, or grossly negligent or culpable violation of a contractual obligation by Brentariver Music or an agent (eg. As the delivery service) of Brentariver Music. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. In the event of a negligent breach of a material contractual obligation, the responsibility of Brentariver Music is limited to foreseeable damage.
• Brentariver Music is not responsible for any allergic reactions or injuries inflicted due to negligent use of accessories for sale.
- 5 Expiration and payment conditions
1. Unless otherwise agreed in writing, Brentariver Music invoices must be paid immediately and without discounts. In the case of an advance payment, the orders are processed when the payment is received. In case of payment by credit card, the actual charge is made by creating the invoice and shipping the goods. When the customer sends the online order, the total amount is reserved on his credit card.
2. The following payment options are available: 1.VISA, 2. Master Card, 3. Paypal 4. Bank transfer. The processing of your order starts as soon as the total amount of the order has been paid in advance. If you pay with Visa, Master Card, the order will be processed immediately. For bank transfer, the order will be processed once the payment receipt has been registered.
3. Brentariver Music reserves the right to refuse checks and other non-cash means of payment. Acceptance always takes place only for payment purposes. Payments in foreign currency are credited on the basis of the bank statement. The banking skills are charged to the customer.
4. In the event that the customer is late with the payment of the purchase price, during this period the interest on the purchase price will be calculated at the base rate plus five percentage points. If it is demonstrable that more damage is due to Brentariver Music from the delay, Brentariver Music is authorized to do so.
5. If the customer has purchased a product and immediately afterwards, within a maximum of 3 hours from the confirmation of the purchase, changes his mind and requests a lower priced product via email, Brentariver Music will refund the difference in the price between the two products by retaining, for each transaction, € 5 of reimbursement costs. If the customer changes his mind after 3 hours from the confirmation of the purchase, Brentariver Music has no obligation to change the order but will consider the order placed initially valid. The product change must be communicated only and exclusively in writing, by email.
6. If the customer does not collect a shipment in storage, any costs of storage or return of the product to the sender, will be automatically charged to the customer.
- 6 Retention of ownership
1. Until the full payment of all claims existing against the customer, including any existing ancillary requests, the delivered goods remain the property of Brentariver Music, to the extent that the customer is a trader. In the case of contracts with consumers, Brentariver Music remains the owner until full payment of the purchase price.
2. The customer is not authorized to sell the goods to third parties until full payment of the purchase price or to take other measures that endanger the property of Brentariver Music. Hereby the customer assigns to Brentariver Music its future claims against the buyer for the amount of the purchase price agreed between Brentariver Music and the customer, together with interest and accessory credits. Brentariver Music accepts this assignment.
- 7 Applicable law, jurisdiction
1. If the customer acts as a consumer in accordance with § 1.1, the law of the country in which the customer has his habitual residence shall apply to all legal relationships between the parties, excluding the United Nations Convention on Contracts international sale of movable property. The exclusive place of jurisdiction for all disputes arising from this contract is the customer’s place of residence.
2. If the client acts as a professional pursuant to § 1.1, the law of the country in which Brentariver Music has its registered office shall apply to all legal relationships between the parties, excluding the United Nations Convention on Contracts international sale of movable property. The exclusive jurisdiction for all disputes arising from this contract is the place of Brentariver Music’s registered office.
- 8 Alternative dispute resolution
The consumer is not required and substantially, if he is not willing, to participate in a dispute resolution process before a consumer conciliation council.§ 9 Causes of termination of the contract
In case of force majeure, the contract can be canceled legally, with no obligation of compensation from the manufacturer or the customer. Brentariver Music considers causes of force majeure: war, mobilization, acts of terrorism, strikes, transport problems, restrictive measures in the field of trade policy, strikes, lack of deliveries or late deliveries due to the carrier, disasters natural and in general all circumstances, events, causes and consequences out of our control.§ 10 Final clause
If individual clauses of this contract do not apply, regardless of the reason, this will have no effect on the effectiveness of the remaining clauses.