GENERAL TERMS AND CONDITIONS (GTC)
1. Validity
1.1 These terms and conditions apply between Mr. Daniel Zucali e.U. (hereinafter referred to as the „Contractor“) and natural as well as legal persons (hereinafter referred to as the „Client“) for the respective legal transaction as well as for all future transactions, even if in individual cases, especially for supplementary or follow-up orders, no explicit reference is made.
1.2 The Contractor exclusively contracts based on these GTC, unless mandatory legal provisions contradict this. The version of the GTC valid at the time of the contract conclusion applies and can be accessed at www.zucali.com. These conditions apply to all services provided by the Contractor within the framework of the respective legal transaction and future business.
1.3 Deviating conditions, especially general terms and conditions of the Client, shall not apply unless the Contractor expressly and in writing agrees to their applicability prior to contract conclusion.
1.4 Acts of contract fulfillment by the Contractor do not constitute consent to contract terms deviating from these GTC.
1.5 Oral collateral agreements are only effective if confirmed in writing by the Contractor.
1.6 The applicability of these GTC is also acknowledged if no written order confirmation by the Client exists.
2. Offer, Contract Conclusion, and Cost Estimate
2.1 Offers, cost estimates, illustrations, sketches, and plans are non-binding and subject to change unless expressly stated otherwise as binding.
2.2 Offers must be confirmed in writing by the Contractor. Upon receipt of the order confirmation, the Contractor issues the first partial invoice amounting to 10 % of the total order amount. Upon receipt of this advance payment, the order is deemed accepted and the contract concluded.
2.3 After receipt of the advance payment, the Contractor informs the Client within a reasonable period in writing (email suffices) about the planned start of service provision. Before work begins, a second partial invoice of 40 % of the total order amount is to be paid so that the amount is received by the start of the work. If payment is not made on time, the Contractor is not obligated to fulfill the contract.
2.4 The remaining balance of 50 % of the total order amount is to be paid before delivery or dispatch of the contractual item. The Client will be separately informed as soon as the contractual item is completed or its completion is imminent. The total price will be adjusted according to the inflation rate published by Statistik Austria from the time of contract conclusion until the final invoice.
2.5 Cost estimates are made to the best of knowledge; no guarantee for their accuracy is given. If costs increase by more than 15 % after order placement, the Client will be informed immediately. Unavoidable overruns under 15 % can be invoiced without further notification. Changes and additional orders will be charged separately at reasonable prices.
2.6 Cost estimates are chargeable.
3. Prices and Payment Terms
3.1 All prices are quoted in Euros including the statutory value-added tax. Additional fees (e.g., currency exchange or transaction fees) are borne by the Client.
3.2 If the contractual item is shipped outside the European Union, the invoice will be issued without Austrian VAT. The export certificate will be issued by the shipping company and handed over to the Contractor.
3.3 If the Client collects the contractual item and exports it independently to a third country, VAT will initially be charged. Upon submission of the export certificate, the Contractor will refund the VAT to the Client. The costs incurred are borne by the Client.
3.4 Shipping costs and guitar cases are not included in the price. Shipping or delivery at a location other than the Contractor’s business premises requires a separate agreement; any additional costs incurred will be borne by the Client.
4. Place of Performance and Transfer of Risk
4.1 The place of performance is the Contractor’s business premises, Schubertstraße 1, A-3350 Haag, Austria.
4.2 Costs and risks of transport are borne by the Client.
5. Delay
5.1 Delivery periods and deadlines are non-binding unless expressly and in writing agreed as binding and shall always be considered estimated times for provision as well as handover or dispatch to the Client.
5.2 Withdrawal from the contract by the Client due to delivery delay is only possible after setting a reasonable – at least four-week – grace period. Withdrawal must be declared in writing (email suffices).
5.3 Goods not collected or received on time will be stored at the Client’s risk and expense for a maximum of six months. A storage fee of EUR 5.00 per calendar day commenced will be charged. The Contractor may withdraw from the contract after a 14-day grace period and dispose of the goods otherwise. In this case, a contractual penalty of 35 % of the invoice amount (excluding VAT) applies.
6. Liability for Damages
6.1 The Contractor is only liable for damages in cases of intent or gross negligence. In cases of slight negligence, the Contractor is only liable for personal injury. Liability towards commercially operating Clients expires after two years from knowledge of the damage and the injuring party.
7. Right of Withdrawal
7.1 For instruments custom-made according to the wishes and specifications of the respective Client, there is no statutory right of withdrawal even in distance, off-premises, or doorstep transactions. The Contractor voluntarily grants private Clients the right to withdraw from the contract within two weeks after delivery of the contractual item, unless the item is no longer resalable due to its degree of individualization. The Contractor indicates in the offer whether the respective contractual item is subject to the right of withdrawal. If no statement is made in the offer regarding a possible right of withdrawal, no such right exists. For the sale of already finished instruments, a right of withdrawal only exists for distance, off-premises, and doorstep transactions.
7.2 The right of withdrawal does not apply to contractual items showing damages such as dents or scratches unless this is a case of warranty.
7.3 If the Client withdraws from the purchase before work on the ordered guitar begins, the already paid 10 % of the first partial invoice remain as compensation for the efforts already made (communication, offer, selecting wood, etc.) with the Contractor.
7.4 If the Client exercises the voluntarily granted right of withdrawal, the Contractor is entitled to a lump-sum claim for damages amounting to 35 % of the total order amount.
7.5 The right of withdrawal can only be exercised by a written withdrawal declaration (email suffices), which must reach the Contractor within the aforementioned period.
8. Jurisdiction and Applicable Law
8.1 For the settlement of all disputes arising from a contract – including disputes regarding its existence or non-existence – the exclusive jurisdiction of the courts competent at the Contractor’s place of business is agreed.
8.2 The contract is exclusively subject to the law of the Republic of Austria, excluding the UN Sales Convention.
9. Further Provisions
9.1 Should any provision of these terms and conditions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The contracting parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the content and purpose of the original provision.
9.2 Amendments or additions to a contract require the written form. This also applies to the amendment of the written form requirement.
9.3 Set-off against claims of the Contractor with counterclaims of any kind is excluded.
9.4 Wood is a natural material, which means that instruments develop differently over time and may deform slightly. This does not constitute a defect but is due to the nature of wood. In particular, the string action changes within the first months and can be reset once free of charge by the Contractor in their workshop within the first two years upon the Client’s request. Shipping costs associated with this are borne by the Client.
9.5 It is expressly pointed out that wood is very sensitive to fluctuations in relative humidity (and temperature). If the relative humidity drops significantly below 50 %, damage to the instrument is to be expected. High temperatures combined with moisture loosen the glues and affect the condition of the wood, leading to damages not attributable to a defect. Therefore, the instrument should always be stored in an environment with relative humidity between 55 and 65 % and preferably at room temperature.