Terms & Conditions
Under current law, we are obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. You can find the European online dispute resolution platform here: http://ec.europa.eu/odr. UE does not submit to this voluntary dispute resolution platform.
The following General Terms and Conditions (“GTC”) of Universal Edition AG (“UE”) apply to all product orders (also referred to as “goods” or “articles”) placed through our online shop.
In addition to products such as printed sheet music material (for limited and unlimited use), digital content that is not provided on a physical data carrier is also considered a “product” for the purposes of these GTC. This includes, for example, digital sheet music material (for limited and unlimited use) (“Digital Products”).
The digital products are made available through providers such as Newzik and getnote, although digital products in the online shop are only offered to natural persons.
2. Contractual partner, conclusion of contract
The contract is concluded between you (the “customer”) and UE.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping basket without obligation and correct your entries at any time before placing your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button (“Complete payment”). Immediately after placing the order, you will receive another confirmation by e-mail.
The languages available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login provided you have created an account and have not ordered as a guest.
3. Delivery conditions
Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the respective offers in the online shop.
We only deliver by mail order. Unfortunately, you cannot collect the goods yourself. We do not deliver to packing stations. For deliveries to third countries such as the United Kingdom, additional costs (such as increased shipping costs or expenses for customs declarations) may be incurred in addition to the standard shipping costs. You can find more information about this in the respective offers in the online shop.
The following payment methods are available in our shop:
4.1. Credit card
Your credit card will be charged upon completion of the order.
You pay the invoice amount via the online provider PayPal. You must always be registered with them or first register, log in with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process.
4.3. Klarna pay now
5. Retention of title
The goods remain our property until full payment has been made.
6. Transport damage
If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. If you are a company (“Unternehmer”) within the meaning of Section 1 of the Austrian Commercial Code (UGB), the statutory obligations to give notice of defects apply.
A delayed or omitted complaint or contact does not affect your statutory rights or their enforcement, in particular your warranty rights. However, timely complaints help us to be able to assert our own claims against the carrier or the transport insurance.
Unless expressly agreed otherwise below, the statutory warranty law applies.
The limitation period for warranty claims for used goods is one year from the handover of the goods, provided you are a company within the meaning of Section 1 of the Austrian Commercial Code (UGB).
Customer service: In case of queries, we have prepared frequently asked questions for you under the following link. If your question is not answered there, you can contact us using the form provided: https://www.universaledition.com/
For claims based on damage caused by us, our legal representatives or vicarious agents, we will always be liable without limitation:
· in the event of injury to life, limb or health;
· in the event of intentional or grossly negligent breach of duty.
UE will not be liable for the slightly negligent breach of ancillary contractual obligations.
Claims for damages against UE exceeding these provisions are excluded. Claims according to the Product Liability Act (PHG) remain unaffected.
9. Right of cancellation
The right of cancellation of a contract concluded at a distance regulated in this point 9 is only available to customers who are consumers within the meaning of Section 1 KSchG.
9.1. Cancellation policy
You have the right to cancel the order within fourteen days without giving a reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In the case of a contract for the delivery of digital content not stored on a physical data carrier (“Digital Products”), the cancellation period begins on the day the order is placed.
In order to exercise your right of cancellation, you must inform us (Universal Edition AG, Webshop, Forsthausgasse 9, A-1200 Vienna; Tel +43 / 1 / 337 23 - 0; Fax +43 / 1 / 337 23 - 430, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel your order. You can use the attached template cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
9.2. Consequences of cancellation
If you cancel your order, we must repay you all payments that we have received from you, including the delivery costs (with exception of the additional costs resulting from you chosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your order cancellation. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever happens first.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the order cancellation. The deadline is met if you send the goods before a period of fourteen days expires. You must bear the direct costs of returning the goods. The amount of the return costs depends on the rates of the carrier you have chosen for the return shipment.
You only have to pay for any loss in value of the goods if this loss in value has occurred while handling the goods in a manner that is not necessary for testing the quality, characteristics and functioning of the goods.
9.3. Exceptions to the right to cancel the order
You do not have the right to cancel when purchasing goods that are made to your specifications or clearly tailored to your personal needs.
You have no right to cancel in the case of
· Goods that are manufactured according to customer specifications or are clearly tailored to personal needs (print on demand);
· Sound or video recordings or computer software supplied in a sealed package, once the seal has been removed after delivery;
· Delivery of digital content not stored on a physical data carrier if UE – with your express consent, combined with your knowledge of the loss of the right of withdrawal in the event of premature commencement of the performance of the contract, and after providing a confirmation of the concluded contract pursuant to Section 7 para. 3 FAGG – has commenced with the delivery before the withdrawal period has expired.
10. Digital products
Digital products not stored on a physical data carrier are also offered in the online shop. In addition to the other provisions of the GTC, this point 10 applies to these.
Digital Products are offered and made available exclusively to natural persons in accordance with the following provisions.
10.1. Provision and cancellation for consumers
Exclusively for consumers (“Verbraucher”) in the sense of Section 1 KSchG, the following regulation applies to digital content:
You can access the digital products belonging to a single order via Newzik's website (newzik.com) or mobile application (Newzik: Your Sheet Music) after the expiry of the cancellation period.
UE is not obliged to provide you with the digital products before the cancellation period expires (see point 9).
However, prior to your binding order (see point 2), you may expressly agree by ticking a corresponding checkbox that UE will provide you with the digital products belonging to the respective order immediately after the order has been placed and before the cancellation period expires. In this case, you acknowledge that you cannot cancel the order for the respective file once the digital products have been accessed during the open cancellation period.
10.2. Licence and use
customer may pay purchase licences for digital products including digital or printed sheet music as well as customer-made products for payment to use them on end devices of his/her choice. To use
them, the customer requires certain system requirements and playback software on
his/her digital end device. Any connection costs incurred are to be paid
separately by the customer to his/her service provider.
products in the online shop, are protected by copyright. The customer is
granted the non-transferable right to use the respective digital product for
exclusively private use in accordance with the Copyright Act (Section 42 para. 4
UrhG) in the manner offered in each case.
Furthermore, it is not permitted to change the content or editorial content of digital products in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to place them on the Internet or in other networks either for payment or free of charge, to imitate them, to print them, to resell them or to use them for commercial purposes.
UE is entitled to delete individual digital products from the customer’s account if there is an important reason. Such an important reason is constituted by disputes about possible infringements of the customer's rights.
Digital products can be individually marked with digital watermarks so that the original buyer can be identified and traced in case of misuse.
UE uses the above-mentioned platforms to deliver digital products. The order for the content (licence) is therefore concluded exclusively with UE. UE does not operate the platforms; the use of each is subject to the respective platform operator’s GTC.
11. Applicable law and place of jurisdiction
Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Mandatory provisions of the jurisdiction in which a customer has his/her habitual residence remain unaffected if and to the extent that the customer has placed an order which cannot be attributed in whole or in part to his professional or commercial activity and the customer has performed the legal acts required to place the order in the country of his/her habitual residence.
If the customer is a company and acts in this capacity, the exclusive place of jurisdiction is the court with subject-matter jurisdiction at the registered office of UE.