Terms of use

Please read these Terms of Use ("Agreement", "Terms Of Use") carefully before using https://shop.heathenforay.com/ ("the Site") operated by Musikverein Heathen Foray ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://shop.heathenforay.com/.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms Of Use. Capitalized terms are defined in this Agreement.

Headquarters :

ZVR number : 1903050843

Article 1 - Price

The prices of our goods are listed in Euros all taxes included. These exclude processing costs (this includes inter alia, bank fees) and shipping. These prices are displayed in Euros only.

When ordering from a country other than metropolitan Austria, the customer is the importer of the goods concerned. Customs duties, local taxes, import duties or state taxes are likely to be required for import. These are at the customer's expense and under their sole responsibility both in terms of payment and tax returns to the authorities and qualified organizations of the customer's country. We recommend that foreign customers inquire about these aspects with their local authorities.

MUSIKVEREIN HEATHEN FORAY reserves the right to modify its prices at any time. However, the products will be charged based on the rates in effect at the time of acceptance of the order.

The products will remain the property of MUSIKVEREIN HEATHEN FORAY until fully paid for.

Orders may be paid in Euros only.

Article 2 - Orders

When ordering for the first time on the Site, customers are asked to create an online account containing personal information which must remain updated. The sales contract is considered concluded when MUSIKVEREIN HEATHEN FORAY receives, via the e-shop, the duly completed order form, which is then processed for verification of the accuracy of the data concerning the order.

Orders may be placed :

• On the website : https://shop.heathenforay.com/
• Via email : info@heathenforay.com

Prior to any purchase the customer is requested to carefully read these terms and conditions.

By completing the order form, the customer agrees unconditionally and commits to abide by these terms and conditions in their dealing with MUSIKVEREIN HEATHEN FORAY. Should one disagree with any elements specified in these terms and conditions, we invite them not to transfer their order form to purchase products on https://shop.heathenforay.com/.

Article 3 - Confirmation

The data recorded by https://shop.heathenforay.com/ during the confirmation of the order constitutes proof of all transactions made between MUSIKVEREIN HEATHEN FORAY through https://shop.heathenforay.com/ and its customers.

The data recorded by the payment system constitutes proof of the financial transactions.

Article 4 - Availability

Our offers of products are valid as long as they are visible on the website, within the limits of available stocks. This excludes promotional operations mentioned as such on the site. Links directing to products which have become out of stock will be listed as 'Out Of Stock'.

In the event of unavailability of a product occurring after the order was passed by the customer, our services will inform the customer by mail and refund or compensate via credit note form the collected and cashed sum.

Article 5 - Shipping

Products are sent to the delivery address the customer provided during the ordering process. We let our customers chose between different delivery methods that depend on the destination of the parcel if these are available.

We do our best to send the parcels within 30 days of payment (under the condition of availability of the product). MUSIKVEREIN HEATHEN FORAY may not be held responsible for any delays due to the courier.

In case of delay, a mail will be sent to the customer to inform him of an eventual consequence on the delivery date that was indicated during the ordering process.

Article 6 - Payment

The payment of the purchases can be made either by payment options offered by Shopify's payment processor or by Bank Transfer to MUSIKVEREIN HEATHEN FORAY.

Article 7 - Return policy

7.1 Right Of Withdrawal

In accordance to the legal provisions in force, customers have a period of 7 days from receipt of the products to exercise their right of withdrawal to MUSIKVEREIN HEATHEN FORAY without having to give reasons or pay a penalty.

In case of exercise of the right of withdrawal within the above mentioned period, only the price of the purchased product and the sending costs will be refunded ; the cost for returning the product to our office remain at the customer's expense. Should the customer exercise his right of withdrawal on part of the order he received, the refund of the initial sending costs will be prorated to the item's shipping cost and not to the whole order.

Returns are to be done in their initial and complete state (packaging, accessories, user's notice...) that allows the product to be resold as new. MUSIKVEREIN HEATHEN FORAY asks of the customers to join copy of the invoice of their order for optimal management.

In accordance to the legal provisions in force, the right of withdrawal may not be exercised on customizable books, audio or video recording which have been unsealed by the customer.

Returns are to be sent to this address :

No return received as against refund will be accepted by MUSIKVEREIN HEATHEN FORAY, whatever the reason.

7.2 Returns, Exchanges & Warranty

Our products are checked individually before being sent. In case the customer receives a damaged parcel, the customer must notify the courier immediately. In accordance to the legal provisions in force relating to the compliance with the contract, we will refund or exchange the products apparently defective or which do not match the customer's order (these provisions do not concern items damaged during the delivery). We ask of our customers wishing to implement these provisions to contact our Customer Services through info@heathenforay.com.

The items must be returned by mail in the complete state in which these were received (accessories, packaging, notice...). The customer also benefits from the warranty against hidden defects, in accordance to the legal provisions in Austria. These provisions do not prevent the customer from benefiting of the right of withdrawal mentioned in the article 7.1 (Right Of Withdrawal) of this text.

If the product is no longer available, our services will contact the customer to determine the nature of the refund.

7.3 Digital

Digital purchases are non-refundable, even when the files have not been downloaded by the customer.

Article 8 - Customer services

For any further information, questions, exercise of the right of withdrawal, warranty, we ask of the customers to contact our Customer Services through this info@heathenforay.com.

Article 9 - Intellectual property

All texts, comments, articles, illustrations and images reproduced on the websites of Heathen Foray (this includes http://heathenforay.com/ and https://shop.heathenforay.com/) are reserved under copyright as well as under Intellectual Property for the whole world. In this regard, in accordance with legal provisions in Austria an the EU, only a use for private purposes is allowed, provided that there are no different or more restrictive provisions in the above mentioned code for such purposes. Any other uses constitutes counterfeit and is sanctioned under Intellectual Property unless prior authorization from MUSIKVEREIN HEATHEN FORAY. Any reproduction be it total or partial of the catalog of MUSIKVEREIN HEATHEN FORAY / Heathen Foray is strictly prohibited. All rights reserved.

MUSIKVEREIN HEATHEN FORAY provides a revocable, non-exclusive, limited right to create a hyperlink directing to the homepage of the website heathenforay.com as long as the link and content to which it is attached does not describe MUSIKVEREIN HEATHEN FORAY / Heathen Foray, its affiliates, or elements belonging to the above mentioned in a misleading, false, derogatory or offensive way.

Article 10 - Liability

The products sold on our e-shop conform to the Austrian legislation. It is the customer's duty to verify with the local authorities of his country the possibilities of importing or using the products or services that they plan to order.

Photographs and texts, illustrating the products and audio recordings and their lyrics are carefully checked before being put on line. Variations between the descriptions and products as well as errors within the texts or photographs are possible, MUSIKVEREIN HEATHEN FORAY cannot be held liable for these.

MUSIKVEREIN HEATHEN FORAY cannot be held liable for the non-fulfillment or defective completion of the contract concluded in the case these would be attributable to the customer, to unpredictable or insurmountable occurrence due to a third party or to an act of god (e.g. Loki).

MUSIKVEREIN HEATHEN FORAY cannot be held liable for any damages be them direct or indirect, issuing from the above mentioned risks.

Article 11 - Applicable law & litigation

This contract is subject to Austrian Law. In case of litigations, the Austrian courts will be the only qualified.

Article 12 - Personal data

Personal data and information concerning the customer are required to manage the customer's order and for our commercial exchanges. These may be transferred to companies that contribute to these relations, such as those responsible for the completion of orders, their management, processing and payment. These are stored for security purposes, to comply with the legal and regulatory requirement as well as to enable us to enhance and customize the services we offer and the information we send to the customers.

In accordance to the legal provisions in force in Austria, customers hold a right to access, rectify and oppose their personal data. In order to do so, MUSIKVEREIN HEATHEN FORAY asks of the customers to send an email to info@heathenforay.com, containing indicating name, e-mail address, postal address of the concerned account of the e-shop. In accordance to the legal provisions in force, this request must be signed, a copy of ID bearing the concerned person's signature and the postal address for return have to be joined with the file. An answer will be sent within 2 months following the reception of the request.