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Terms & Privacy

Legal information about the website and the workshop of Bogenmachermeister Thomas M. Gerbeth.

Legal NoticeTerms & Privacy

General Terms and Conditions

(Revised September 11, 2026)

General Provisions

1.1 These terms apply to deliveries and services provided by our workshop if agreed upon when the contract is concluded. Individually agreed terms take precedence. Mandatory statutory consumer rights remain unaffected.

1.2 We process customer data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Details are provided in the privacy notice below.

2 Prices

2.1 The prices in the current price lists available for inspection at the workshop apply. These price lists contain only prices including statutory VAT, currently 20%. Separate price lists excluding VAT are available exclusively for intra-Community business transactions with a VAT identification number.

3 Shipping

3.1 The manufacturer bears the cost of shipping goods.

3.2 If the goods are not accepted, the customer bears the cost of return shipping. The customer must package the goods properly and, in consultation with the manufacturer, insure them adequately. If only part of the goods is accepted, the manufacturer bears the return shipping costs.

3.3 The customer bears the cost of shipping repairs.

3.4 Goods are shipped with the carrier agreed upon for the order. The contracted carrier has approved the workshop’s packaging in writing.

3.5 Please contact us before using a different carrier or different packaging for a return shipment. Liability for shipping damage and packaging errors is governed by applicable law. The customer is liable only where the statutory requirements are met; statutory consumer rights remain unaffected.

4 Delivery Time

4.1 Agreed delivery dates are binding. If a date is expressly stated to be a nonbinding estimate, we will inform you of foreseeable changes. The customer’s statutory rights apply in the event of late delivery.

4.2 The start and duration of the delivery period are agreed upon in the order confirmation, taking into account any details that still need to be settled. For consumer contracts, delivery to the customer, rather than dispatch alone, determines whether the delivery deadline has been met.

5 Reservation of Variations

5.1 We reserve the right to make customary and reasonable variations in dimensions, weights, colors, and grain patterns.

6 Custom Orders

6.1 Custom orders are made to the customer’s agreed specifications. A deposit of 30% of the agreed sale price is due no later than the start of work. If the contract ends, the deposit is settled in accordance with applicable law; it is not automatically forfeited.

6.2 The order is legally binding. The manufacturer must fulfill all agreed requirements within customary and reasonable tolerances for dimensions, weights, colors, and grain patterns.

6.3 Please record special requests and details with us in the order confirmation. Details that have not been specifically agreed upon are completed in accordance with customary craft practice. Statutory remedies for work that does not conform to the contract remain available. Consumer contracts concluded at a distance or away from business premises are subject to the withdrawal rules of the Austrian FAGG. Goods made to the customer’s specifications or clearly personalized fall within the statutory exception to the right of withdrawal.

7 Trial Loan Agreements

7.1 The customer has the right to try goods. For this purpose, the customer enters into a trial loan agreement with the workshop THOMAS M. GERBETH, WIEN. The terms of the trial loan agreement are legally binding.

8 Longer-Term Loan Agreements

8.1 Certain goods are available on longer-term loan. The loan fee is 1% of the goods’ purchase price and value for each month or part thereof, payable quarterly. If the customer subsequently purchases the goods, the loan fees paid up to that point will be credited toward the purchase price.

8.3 If the goods are returned after more than three months, a rehair and a new thumb leather are required. The borrower bears the cost of any necessary repairs.

8.4 The borrower must insure the goods adequately for the duration of the loan.

8.5 If the borrower is more than one quarter in arrears, the loan agreement may be terminated with immediate effect.

9 Consignment

9.1 Goods are accepted from customers on consignment for sale. Before handing over the item, the customer must pay the cost of bringing it into saleable condition. The customer receives 80% of the net consignment proceeds. The consignee receives 20% of the net consignment proceeds. Statutory VAT is charged on this portion.

9.2 The consignee cannot guarantee that the goods will be sold. The customer may terminate the consignment arrangement at any time without giving a reason.

10 Retention of Title

10.1 All delivered goods remain the supplier’s property until all claims arising from the business relationship with the buyer have been paid in full; in the case of payment by check, until the check has cleared. Before full payment, ownership of the goods may not be transferred to third parties or assigned as security.

11 Payment Terms

11.1 Invoices are due immediately upon receipt, net without deduction. We do not accept bills of exchange.

11.2 We gladly accept Visa and MasterCard or Eurocard.

12 Late Payment

12.1 Statutory default interest applies to overdue payments. Reminder and collection costs are charged only to the extent recoverable by law, necessary for pursuing the claim, and proportionate to the amount owed.

13 Statutory Warranty and Additional Guarantee

13.1 Statutory rights for defects apply. For movable goods, the statutory warranty period is generally two years from delivery. Other statutory provisions, including those governing the burden of proof, limitation periods, and remedies, remain unaffected. These statutory rights are distinct from a voluntary commercial guarantee.

13.2 In addition, we provide a ten-year supplementary warranty on all goods bearing the trademark “THOMAS M. GERBETH, WIEN” or “T.M.G.”

13.3 This supplementary warranty applies if the goods’ playing characteristics change and covers taking the goods back in exchange for goods of equal or greater value. In this case, the customer must pay the difference in value of the replacement goods at the time the warranty is fulfilled, as well as the cost of restoring the returned goods to saleable condition.

13.4 The voluntary additional guarantee does not cover damage caused by improper handling or storage. These guarantee terms neither restrict nor exclude statutory rights for defects.

14 Invalidity of Individual Provisions

14.1 If an individual provision is invalid, the remaining provisions continue to apply insofar as the contract can remain in effect without it. Applicable statutory provisions take the place of the invalid provision.

15 Place of Performance and Jurisdiction

15.1 For business-to-business transactions, Vienna is the agreed place of jurisdiction to the extent permitted by law. For consumers, statutory jurisdiction rules apply; mandatory rules on jurisdiction are not restricted.

Privacy Information for the Workshop of Bogenmachermeister Thomas M. Gerbeth, Vienna

The controller responsible for processing your personal data is Thomas M. Gerbeth, Bogenmachermeister, Stachegasse 25, 1120 Vienna, Austria. Contact: bogenbau@gerbeth.eu, telephone +43 699 10 350680. This notice explains data processing on the website and in the course of our business relationships.

Personal Data

This is information that can be associated with you personally. In addition to your name and address, it includes email addresses and telephone numbers, and generally also information about the rosin you use where this helps ensure our work processes.

We store and use your data when accepting orders, when you contact us by telephone or email, or when you wish to provide us with information in another way and submit your data for that purpose.

Processing to answer inquiries and fulfill orders is based on Article 6(1)(b) GDPR; compliance with legal obligations is based on Article 6(1)(c). Where we pursue legitimate interests, such as IT security or enforcing claims, Article 6(1)(f) applies, subject to a balancing of your rights. Processing that requires consent is based on Article 6(1)(a); consent may be withdrawn for the future.

Cookies and Local Browser Storage

The website code does not use analytics or advertising trackers and does not set cookies. Your selected text size is stored locally in your browser (localStorage) until you reset it or delete the website data. Reading positions are temporarily stored in sessionStorage for section links and language switching. These values are used solely for navigation and display and are not transmitted to the server by the website code.

Data Processing on Our Website

The website code does not embed social media plug-ins. When pages and media are requested, your IP address is transmitted to the server delivering them. The video on “CITES & Pernambuco” is loaded from pau-brasil.info. External links open the relevant provider’s pages, where that provider’s privacy notice applies.

Objection to Promotional Emails

We hereby object to the use of contact details published as part of the legally required legal notice for sending advertising or informational material that has not been expressly requested. The operators of this website expressly reserve the right to take legal action if unsolicited advertising, such as spam emails, is sent to them.

Disclosure of Your Data

Data is disclosed only on an appropriate legal basis and to the extent necessary, for example to fulfill a contract, comply with legal obligations, or act on your consent. Transfers outside the European Economic Area must also meet the requirements of Articles 44 et seq. GDPR.

Disclosure to Service Providers

Various service providers handle payment and product delivery when contracts are fulfilled. We provide them with the data necessary to perform their tasks, such as your name and address. If you would like the carrier to notify you before delivery, we will send the telephone number and/or email address we hold for you to the carrier for that purpose. Unlike processing on our behalf, in the following cases we disclose data to third parties for their own use in fulfilling the contract:

When delivering goods, to logistics companies and the postal service provider specified in the order.

When paying for goods, to the payment service provider specified in the order or a financing bank.

For credit card payments, we collect and store data such as the credit card number only for submission to the bank and to protect against misuse of the credit card.

Payments by debit or credit card can only be made at our premises. We are connected to the EC-Cash system for payment authorization and further processing.

Under applicable data protection laws, we may be legally required to disclose your data to third parties or government bodies, for example under an administrative or court order. We are also entitled to disclose your data where necessary, for example, to prosecute criminal offenses or to exercise and enforce our rights and claims.

Special Cases of Data Collection:

Declarations of materials, insurance appraisals, certificates, and damage assessments

To prepare declarations of materials, insurance appraisals, certificates, and damage assessments, we collect and store data about the bows presented to us. This object-related data is linked to the customer’s personal data. The completed documents are provided either to the commissioning customer or, with that customer’s consent, to third parties such as insurance companies, employers, or orchestras.

Making Copies of Bows

For the purpose of making bow copies, the master craftsman or workshop staff measure and document the bows to be copied and store the resulting data. To enable the work processes, the object-related data becomes the property of the workshop. Linking this data to the commissioning customer’s personal data is necessary for production and is carried out in accordance with legal requirements. At the customer’s request, the order identifier can be changed from the usual combination of the customer’s name and the presumed maker’s name to a neutral identifier.

Our employees are bound by confidentiality. Object-related records are not made publicly available or disclosed for unrelated purposes. Necessary disclosures described in this notice, particularly to fulfill contracts or comply with legal obligations, are unaffected.

Security of Your Data

The data we store about you is protected by technical and organizational measures to prevent loss or misuse by third parties effectively. Staff who process personal data are required to maintain data confidentiality and must comply with this obligation.

We review our technical and organizational safeguards regularly. For privacy inquiries, please contact Thomas M. Gerbeth at bogenbau@gerbeth.eu.

Subject to the GDPR’s requirements, you have rights of access, rectification, erasure, restriction of processing, and data portability, as well as the right to object. You may withdraw consent at any time with effect for the future. You may lodge a complaint with the Austrian Data Protection Authority: dsb.gv.at.

Books, records, and supporting documents subject to tax retention requirements must generally be kept for seven years, usually calculated from the end of the relevant calendar year. Specific legal obligations or pending proceedings may require longer retention. This does not create a blanket ten-year retention period for all personal data.

Additional consent to the use of your personal data; rights of withdrawal and objection: Statutory provisions require your express consent for certain purposes, such as email advertising. Such consent is recorded in accordance with data protection rules. You may withdraw it and/or object at any time with effect for the future.

You may send privacy requests, withdrawals of consent, and objections by email to bogenbau@gerbeth.eu or by mail to Thomas M. Gerbeth, Stachegasse 25, 1120 Vienna, Austria. We process requests within the statutory deadlines. You can also delete the website data stored in your browser to remove local text-size settings and reading-position data.

If you have subscribed to our newsletter, simply click the unsubscribe link in the email and follow the instructions. Credit checks and scoring: When initiating a business relationship or reviewing an existing one, we may obtain and store a credit report and/or business information from “IHD Kreditschutzverein e.V.” to safeguard our legitimate interests.

Payment transactions are also recorded in our system and used to determine a credit limit, for example for SEPA direct debits.

Further Information

If you have questions about the processing of your personal data, please contact Thomas M. Gerbeth at bogenbau@gerbeth.eu.

Information About the Use of Your Email Address:

We use email addresses provided during active business contact or when you contact us to communicate about order fulfillment and quotations, related correspondence, and responses to inquiries.

Email addresses are subject to the same disclosure rules as other customer data: disclosure is permitted only on an appropriate legal basis and to the extent necessary, particularly to fulfill a contract, comply with legal obligations, or act on your consent.

Data is collected, processed, and/or used exclusively for our own purposes of

· Establishing and performing contractual relationships with customers

· Customer service and customer support

· Staff development, planning, management, and administration, including payroll and fulfillment of social security and other statutory obligations

· Internal communication between staff

· External communication with prospective customers, business partners, and other contacts

Groups of Data Subjects and the Relevant Data or Data Categories:

Customers:

Including name, company affiliation, email address, address details, telephone numbers, email addresses, correspondence (including emails), information from third parties, and payment and shipping transactions

Employees of Thomas M. Gerbeth, Bogenmachermeister, Vienna, as well as applicants, apprentices, interns, and former employees

Personnel data, including name, address, personnel number, nationality, date of birth, qualifications, start and end dates of employment, wages and salaries, pension and social security data, applications, employment references, warnings, salary data, and bank details

Suppliers and business partners:

Including name, company affiliation, email address, address details, telephone numbers, email addresses, date of birth, correspondence (including emails), information from third parties, and payment and shipping transactions

Recipients or Categories of Recipients to Whom Data May Be Disclosed:

Internal departments involved in the relevant business processes, to the extent necessary to perform their tasks. Public and private bodies, to the extent permitted by applicable law and/or with the consent of the data subjects.

External contractors, such as transport companies and external IT technicians, acting as agents to fulfill contracts and/or secure the IT system.

Deletion of Data

Personal data is deleted or anonymized once it is no longer needed for its purpose and no statutory retention obligation or other valid legal basis requires continued storage. Where longer retention is necessary, use is restricted to that purpose. There is no blanket exception based solely on the effort required to delete data.

International shipping orders may involve recipients outside the European Economic Area. Such transfers are subject to the requirements described above; we do not make a blanket assertion that data can never reach countries outside the EEA.

Changes

This privacy information will be updated as necessary. We therefore recommend checking this page regularly for changes. If a change could affect consent you have given, we will of course notify you separately here.

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