1. Legal Identity and Scope of Application
The company WHF-Mundstücke, owned by Franz Windhager, is a duly registered sole proprietorship under Austrian law.
It is expressly stated that no legal change of company name has been made; the designation “WHF-Mouthpieces” is used solely as a brand and trade name.
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services concluded between WHF-Mundstücke / Franz Windhager (hereinafter referred to as the Seller), acting under the brand name WHF-Mouthpieces, and its customers.
Customers may be consumers within the meaning of the Austrian Consumer Protection Act (KSchG) or entrepreneurs within the meaning of the Austrian Commercial Code (UGB).
Any deviating or supplementary terms and conditions of the customer shall not apply unless the Seller has expressly and in writing agreed to their validity.
2. Conclusion of Contract
All product presentations on the website are non-binding and do not constitute a legally binding offer within the meaning of § 862 ABGB.
A contract is only concluded when the Seller confirms the customer’s order in writing or electronically, or upon dispatch of the ordered goods.
For custom-made products (in particular individually configured mouthpieces), the contract shall be concluded only after explicit confirmation by the Seller; such orders may not be placed via the webshop but exclusively by e-mail, telephone, or in person.
3. Prices and Terms of Payment
All prices are stated in euros (€) and include statutory VAT, unless expressly indicated otherwise.
Any shipping costs are shown separately during the ordering process.
Unless otherwise agreed, payments shall be made as follows:
- Online shop: Credit card; optionally PayPal
- B2B customers: Bank transfer by agreement
- In-store purchases: Cash or card payment
The Seller reserves the right to exclude certain payment methods without stating reasons.
4. Delivery, Shipping, and Transfer of Risk
Delivery is carried out worldwide via Post.at or DHL, unless otherwise agreed.
Delivery times indicated during the ordering process are non-binding, unless a fixed delivery date has been expressly confirmed in writing.
Since WHF-Mouthpieces products are primarily manufactured as individual pieces, production and delivery times may vary.
The Seller is therefore not obliged to deliver within a specific period.
Delivery-time indications are provided for orientation only and do not constitute a legally binding commitment.
For consumers:
The risk of accidental loss or damage of the goods during shipment passes to the customer only upon receipt (§ 7b KSchG).
For entrepreneurs:
The risk passes to the buyer upon handover to the carrier (§ 429 ABGB).
Any import duties, customs fees, or processing charges are the responsibility of the customer.
Delays caused by customs clearance, production time, material availability, or international transport do not entitle the customer to withdrawal, price reduction, or compensation.
5. Retention of Title
Until full payment of all claims arising from the business relationship has been received, the delivered goods remain the property of the Seller.
6. Right of Withdrawal for Consumers
Consumers are entitled to a right of withdrawal in accordance with §§ 11 ff. Austrian Distance and Off-Premises Contracts Act (FAGG). The withdrawal period is fourteen (14) days from the day the customer receives the goods.
To comply with the deadline, it is sufficient for the withdrawal notice to be sent by e-mail or post before the period expires.
The direct costs of returning the goods shall be borne by the customer.
The right of withdrawal does not apply to goods produced according to customer specifications or clearly tailored to personal needs (§ 18 para. 1 item 3 FAGG),
particularly individually manufactured mouthpieces that can only be ordered through personal contact.
7. Warranty and Liability
For consumers, the statutory warranty provisions under §§ 922 et seq. ABGB apply.
For entrepreneurs, the warranty period is twelve (12) months from delivery.
The Seller’s liability is limited to intent and gross negligence.
This limitation does not apply to damages resulting from injury to life, body, or health.
Liability for indirect or consequential damages, lost profits, or similar financial losses is excluded to the extent permitted by law.
7a. Material Properties, Wear, and Care
WHF-Mouthpieces products are manufactured from high-quality materials.
Certain material properties are inherent and do not constitute a defect within the meaning of § 922 ABGB.
These include, in particular:
- Surface changes, discoloration, or loss of luster due to use, skin contact, moisture, perspiration, or cleaning agents
- Natural wear or patina formation on silver-, gold-, or rhodium-plated finishes
- Minor visual variations caused by individual production or material batches
- Normal wear resulting from regular use
Such characteristics are considered contractually compliant and do not entitle the customer to warranty claims.
The Seller recommends cleaning plated mouthpieces only with suitable non-abrasive care products and avoiding chemical or abrasive agents.
8. Copyright and Downloads
All content made available on the website — including, but not limited to, images, logos, graphics, brochures, texts, and other media files — is protected by copyright and owned by WHF-Mundstücke / Franz Windhager (brand name WHF-Mouthpieces).
Use of these materials is permitted only for editorial, informational, or partnership purposes, provided the author is correctly credited: („© WHF-Mouthpieces / WHF-Mundstücke – Franz Windhager“).
Any alteration, distribution, modification, or commercial use without the express written consent of the rights holder is prohibited.
9. Data Protection
The processing of personal data complies with the applicable data-protection regulations, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
Further information can be found in the Privacy Policy available on the Seller’s website.
10. Alternative Dispute Resolution
In accordance with § 19 para. 1 Austrian Alternative Dispute Resolution Act (AStG), the Seller is neither obliged nor currently willing to participate in alternative dispute-resolution procedures before a consumer arbitration board.
The European Commission provides an online dispute-resolution platform at https://ec.europa.eu/consumers/odr .
11. Applicable Law and Place of Jurisdiction
Austrian law shall apply exclusively, with the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly excluded.
The place of jurisdiction for all disputes, to the extent legally permissible, is Mödling, Austria.
12. Contract Language
The contract language and legally binding version is German.
English translations are provided solely for convenience and have no legal effect.
13. Test Package Policy
WHF-Mouthpieces offers test packages only in special cases and upon individual approval.
This service is not a standard offering and is provided solely at the discretion of the Seller.
There is no entitlement to receive a test package.
The conditions for test packages are as follows:
Within the European Union:
- Only silver-plated mouthpieces
- Up to three (3) complete mouthpieces
- A security deposit equal to the value of one mouthpiece
- Test period: ten (10) calendar days from delivery
Outside the European Union:
- Only silver-plated mouthpieces
- Up to three (3) complete mouthpieces or a maximum value of € 500
- Security deposit equal to the total shipment value
- Test period: ten (10) calendar days from delivery
- Additional postal insurance required for packages exceeding € 500
- Damaged items during the test period cannot be returned and will be charged to the tester
Shipment of test packages outside the EU requires individual approval.
The Seller reserves the right to decline shipment of test packages for logistical or economic reasons.
After the test period ends, all goods must be returned to WHF-Mouthpieces complete and undamaged.
Unreturned, late, damaged, or incomplete test packages shall be considered outstanding and may, after a reasonable grace period, be invoiced as a sale.
Purchase of a Test Item
If the tester decides to keep one of the tested mouthpieces, that mouthpiece shall be deemed purchased upon notification to the Seller.
The deposited security amount will automatically be used as payment for the purchase.
The purchase contract is formed only upon this declaration by the customer; for the remaining returned products, the deposit remains refundable.
Refund of the Deposit
Upon proper and timely return of the test items, the deposit will be refunded in full within fourteen (14) days to the original payment method.
The Seller reserves the right to make reasonable deductions for missing or damaged goods.
All other provisions of these GTC apply accordingly to test packages, in particular those regarding liability, retention of title, and shipping risk.
14. Modular System, Spare Parts, and Compatibility
WHF-Mouthpieces products are modular and may consist of interchangeable components such as rims, cups, and backbores.
The Seller guarantees the fit and functionality of components belonging to the same production cycle.
For components combined or replaced by the customer after delivery, the Seller assumes no liability for potential fit deviations, tonal differences, or acoustic variations, provided the delivered parts comply with technical specifications.
Minor dimensional tolerances or noises resulting from the combination of different production batches do not constitute a defect within the meaning of § 922 ABGB.
15. Repairs, Maintenance, and Service Work
Repairs, maintenance, or modifications performed outside the statutory warranty or at the customer’s request will be charged separately.
Before performing such work, the Seller may provide a non-binding cost estimate.
Costs for shipping, return shipping, insurance, or customs are borne by the customer unless otherwise agreed in writing.
The Seller is not liable for transport damage to items sent in by the customer or for any damage caused by improper packaging or pre-shipment.
16. Production and Delivery Times
WHF-Mouthpieces products are manufactured as precise individual pieces.
Production is carried out primarily on high-accuracy CNC systems, complemented by manual surface finishing to ensure consistent quality.
Production time may vary depending on model, material availability, and production workload.
All indications of production or delivery time are non-binding estimates.
The Seller will inform the customer, after the order is received, of the expected delivery period and will endeavor to meet it to the best of their ability.
Delays caused by material procurement, production planning, technical processes, shipping logistics, or external circumstances do not constitute a breach of contract, provided they remain within an industry-typical range.
Withdrawal from the contract is permitted only if the Seller has failed to deliver despite a written grace period of at least eight (8) weeks and no active production process is ongoing.
Partial deliveries are permissible if reasonable for the customer.
17. Product Changes and Technical Developments
The Seller reserves the right to make technical, functional, or design modifications to products, modules, or components, provided these do not result in any deterioration of the agreed-upon characteristics.
There is no entitlement to receive earlier versions or previous model variants, as long as the modified version is functionally equivalent or improved.
18. Customer Modifications
Any independent alteration, modification, or mechanical processing of a product by the customer - particularly grinding, polishing, material removal, refinishing, or other physical changes - voids all warranty and liability claims.
Any damage, functional impairment, or deviation resulting from such actions lies entirely within the customer’s responsibility.
19. Availability and Production Reservation
As all WHF-Mouthpieces products are individually manufactured, availability of specific models, components, or material variants may occasionally vary.
If a product or a specific configuration becomes temporarily or permanently unavailable, the Seller will promptly inform the customer.
The customer may then:
- choose an alternative model from the current production line, or
- withdraw from the contract, provided no binding production has begun.
An automatic substitution with other products will not take place.
Production is carried out according to the available materials and capacities, while the Seller guarantees the consistent technical and aesthetic quality of each item.
20. Sound Characteristics and Subjective Perception
Sound properties and playing feel of mouthpieces are influenced by individual factors such as instrument setup, embouchure, airflow, technique, and personal perception.
The Seller does not guarantee any specific subjective sound characteristics or tonal colors.
As long as the physical and technical specifications of a product are met, any variations in resonance, sound, or feel shall not constitute a defect within the meaning of § 922 ABGB.