General Terms and Conditions (GTC)
Remark: In order to simplify readability, women and men are equally addressed in the present AGBs under the term “customer”.
1) Scope of Application of these GTC
The following General Terms and Conditions shall apply to business relations of any kind between MAXTON GmbH (hereinafter referred to as MAXTON) and the customer. Deviating terms and conditions or standard business conditions of the customer shall not be valid unless agreed in writing. The contract language is German.
2) Offers and Orders
MAXTON’s offers are subject to change and non-binding. They are only to be understood as an invitation by the customer to place an order. An order can only be placed in the online shop if all mandatory fields in the order form, marked with *, have been completed. If information is missing or MAXTON is unable to fulfill the order for any other reason, the customer will receive an error message.
The customer will be given the opportunity to correct their order before it is finally sent. The customer will receive supporting detailed information directly during the order process. Once the order has been received by MAXTON, the customer will be notified of the receipt of the order via the email address provided by the customer. However, this notification does not constitute acceptance of the customer’s order. A contract is only concluded when a written order confirmation is sent, at the latest, however, when the goods are shipped.
Silence on the part of MAXTON shall not be deemed consent or acceptance of the customer’s order. MAXTON reserves the right to accept or execute the order, in particular according to the available delivery options.
In addition, MAXTON reserves the right to reject or refuse to execute the customer’s orders, even after receipt by MAXTON, especially if there are unpaid invoices for other orders by this customer. Furthermore, the customer’s rights arising from the order may only be transferred to a third party with the prior consent of MAXTON.
3) Delivery and Dispatch
The goods sold by MAXTON constitute a debt to be collected. The customer shall therefore bear the costs and risk of transport. Information regarding delivery dates is generally non-binding, unless a specific delivery date has been expressly agreed in writing. If the customer is in default of acceptance, MAXTON shall be entitled to store the goods, for which a storage fee of Euro 1.00 per calendar day or part thereof shall be charged.
At the same time, MAXTON remains entitled to insist on the fulfillment of the contract. MAXTON is also entitled to withdraw from the contract after setting a reasonable grace period, and to use the goods for other purposes. Any purchase price already paid will be refunded minus any costs incurred by MAXTON.
MAXTON reserves the right to choose the mode and route of shipment. In particular, there is no obligation to choose the cheapest mode of transport. MAXTON shall invoice the shipping costs (lump sums) in addition to the stated final prices of the respective goods as follows:
Shipping costs for deliveries to Austria (incl. VAT): Euro 5.90
Shipping costs for deliveries to Germany (incl. VAT): Euro 9.90
Shipping costs for deliveries to the EU incl. Switzerland (incl. VAT): Euro 15.00
Shipping costs for deliveries to rest of Europe (incl. VAT): Euro 25.00
Shipping costs for worldwide deliveries (incl. VAT): Euro 35.00
The website price valid for the respective delivery on the day of the order shall be deemed agreed as the flat rate for shipping costs for express deliveries. In the case of deliveries to a non-EEA country, the consumer shall bear all import and export charges as well as any customs duties, fees and levies.
The goods must be inspected for transport damage immediately after receipt by the customer. Any transport damage found must be reported immediately in writing. Any packaging damage must also be ascertained upon receipt of the goods and confirmed in writing by the transport company.
4) Test Conditions mymaxbox-Testbox
Mouthpieces and synthetic reeds can be tested at MAXTON for a fee. The test fee per mouthpiece is € 5.00, per synthetic reed € 3.00. The trial period is 7 days including shipping. The mymaxbox will be shipped after receipt of the test fees. See point 5) Prices and Terms of Payment. The test fee will not be credited if a purchase is made.
The test products are not transferable to third parties.
In the case of a decision to purchase, the customer can keep the selected articles by giving their billing address, and return the remaining products.
The test products must be returned in perfect condition (without scratches).
The customer is responsible for the shipping costs and for the timely return of the products. See Item 3) Delivery and Dispatch.
5) Prices and Terms of Payment
For consumer transactions: All prices quoted by MAXTON are subject to change without notice and are quoted in Euro (€) including VAT, unless otherwise expressly stated. Shipping costs are shown separately. Unless otherwise agreed in writing, cost estimates will be prepared without warranty for their correctness.
For dealer transactions: All prices quoted by MAXTON are subject to change without notice and are quoted in Euro (€) exclusive of VAT, unless otherwise expressly stated. Shipping costs are shown separately. Unless otherwise agreed in writing, cost estimates are prepared without warranty for their correctness.
The website price for the goods on the day of the order is considered as agreed. The ordered goods can be paid in advance, by Paypal, by EPS transfer or by credit card. As soon as MAXTON has received the payment, the ordered goods will be shipped.
Invoices and partial invoices from MAXTON are due for payment immediately upon receipt and without deduction – especially without cash discount – and free of charges. Bills of exchange or cheques will not be accepted.
In case of delayed payment, MAXTON is entitled to withdraw from the purchase contract and demand the return of the delivered goods from the customer after setting a reasonable grace period. In addition, MAXTON is entitled to charge default interest at a rate of 10% above the base interest rate per year, even if the customer is in default of payment through no fault of their own. This does not affect any claims for compensation of proven higher interest in case of default of payment that is the fault of the customer. In addition, the customer shall reimburse MAXTON for any dunning and collection expenses incurred.
6) Power of Revocation and Cancellation Period
The customer has the right to withdraw from the contract within 14 days. The cancellation period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. .
The declaration of withdrawal must be made in writing. The customer must inform MAXTON GmbH, Theresianumgasse 11/S1, 1040 Vienna by means of a clear statement (e.g. a fax or letter sent by post) of their decision to revoke the contract. The customer may use the attached model withdrawal form, see Item 12) Model Withdrawal Form.
In order to comply with the cancellation period, the notification of the exercise of the right of withdrawal must be sent before the expiry of the withdrawal period (the date of the postmark shall apply).
In the event of a cancellation, the purchase price including shipping costs (with the exception of additional costs resulting from a delivery method other than the standard delivery offered by MAXTON and selected by the customer) will be refunded to the account specified by the customer either upon receipt of the goods returned by the customer or upon receipt of proof of the return of the goods, whichever is earlier.
The goods must be returned or handed over to MAXTON GmbH immediately, and without exception at the latest within 14 days of the day on which the cancellation of this contract was announced. This period shall be deemed to have been observed if the goods are dispatched before the expiration of the 14-day period.
The customer bears the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods in a manner which is not appropriate for examining their condition, properties and functionality.
The goods must be returned in an unused condition, resalable as new and in the original packaging. MAXTON will charge a reasonable fee for the reduction in value for articles that are impaired by traces of use, unless these are the result of normal, intended use. The same shall apply if accessories or parts are missing upon return of the goods.
Exceptions to the right of withdrawal:
Discount goods, promotional items, and used items are excluded from the right of withdrawal.
The right of withdrawal does not apply to test articles offered by MAXTON (see mymaxbox, mouthpiece, synthetic reed). These will therefore automatically be invoiced according to the conditions listed under point 4) Test Conditions mymaxbox-Testbox.
In the case of a service (e.g. repair of clarinet or flute) the right of withdrawal does not exist if the implementation of the service has already begun.
The right of withdrawal also does not apply to distance contracts for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to personal needs (e.g. refacing of clarinet mouthpieces).
7) Warranty and Damages
The goods must be inspected immediately after receipt thereof. Any defects discovered must also be reported to MAXTON immediately, but no later than two days after receipt, stating the type and scope of the defect. The receiver must prove that the defect already existed at the time of receipt.
Hidden defects must be reported immediately after their discovery. If a notice of defect is not made or is not made in time, the goods shall be deemed to have been approved. In these cases the assertion of warranty claims or claims for damages, as well as the right to challenge errors due to defects are excluded.
Defects or damages resulting from culpable or improper handling, improper use with unsuitable accessories or modifications of the original parts by the customer or a third party not commissioned by MAXTON are excluded from the warranty. Wear based on use is also excluded from the warranty.
MAXTON reserves the right to fulfill the warranty claim at its own discretion by improvement, replacement or price reduction. This does not apply to cases in which the right to conversion exists by law. Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or damage to goods accepted for servicing as well as product liability claims.
In addition to the statutory warranty, MAXTON grants a 2-year guarantee. This guarantee applies exclusively to MAXTON special mouthpieces produced in-house by MAXTON GmbH. Any defects occurring within this guarantee period which are not remedied within the scope of the warranty claim under Item 7) Warranty and Damages will be remedied by replacing the goods free of charge. Transport and shipping costs shall be borne by the customer. The statutory warranty remains unaffected.
9) Retention of Title
The goods remain the property of MAXTON GmbH until full payment has been received. In the event that the customer defaults on payment, MAXTON is entitled to assert its rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless MAXTON expressly declares its withdrawal from the contract.
10) Data Protection
The customer expressly agrees that MAXTON may collect, store and process the data (name, title, address, email, telephone and mobile numbers, credit card data) provided by the customer for the purposes of order processing and customer service. Data will not be transferred to third parties unless there is a legal obligation to do so, with the exception of the transfer of financial data to the processing bank institutes/payment service providers for the purpose of debiting the purchase price, to the transport company/shipping company commissioned by us to deliver the goods, and to our tax consultant to fulfill our tax obligations.
We process the personal data provided by you to the extent necessary for the duration of the entire business relationship (from the initiation through processing to the termination of a contract) as well as beyond that in accordance with the legal duties of storage and documentation which arise, among other things, from the Austrian Commercial Code (UGB), the Federal Tax Code (BAO), as well as until the termination of any legal dispute, continuous warranty and guarantee periods, etc. Emails are sent unencrypted.
Data processing is carried out on the basis of the legal provisions of § 96 Paragraph 3 TKG and Art. 6 Paragraph 1 lit. a (consent) and/or lit .b (necessary for fulfilment of the contract) of the DSGVO.
The Customer acknowledges that they may revoke the above-mentioned declaration of consent for the elicitation, collection and processing of their personal data at any time by writing to MAXTON GmbH, A-1040 Vienna, Theresianumgasse 11/S1 or by email to email@example.com. Furthermore, the customer acknowledges that in the event of revocation, the goods will only be handed over to him by MAXTON for direct collection and cash payment.
11) Place of Performance and Jurisdiction
The place of performance shall be the registered office of MAXTON GmbH, Theresianumgasse 11/S1, 1040 Vienna. The agreed place of jurisdiction shall be Vienna. Austrian law shall apply exclusively.
12) Model Withdrawal Form
If you want to revoke the contract, please fill out a(href="/files/widerrufsformular.pdf",target="_blank") this form | and send it back to us.