General Terms and Conditions of Audio Essence GmbH
These General Terms and Conditions (GTC) of Audio Essence GmbH, Loorenstrasse 60, 8053 Zurich (hereinafter «Audio Essence»), apply to all offers, offers, deliveries, consulting services and all other services of Audio Essence. The following terms and conditions apply between Audio Essence and its customers in the version current at the time the respective service is used. If the customer concludes a written contract with Audio Essence, the current General Terms and Conditions apply at that time.
Audio Essence offers high-quality products from the electronics sector for sale and provides comprehensive consulting and installation services for them. For this purpose, Audio Essence operates the websites www.audioessence.ch and www.audioessence.eu (hereinafter www.audioessence.ch for the sake of simplicity).
A customer is any natural or legal person who maintains a business relationship with Audio Essence.
These terms and conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Audio Essence in order to be valid. When using Audio Essence services and when concluding the contract, the customer confirms that they fully accept these General Terms and Conditions, including the terms of delivery and payment.
2. Information at www.audioessence.ch
Brochures and advertising material from Audio Essence and on www.audioessence.ch contain information about products and services. We reserve the right to make price and assortment changes as well as technical changes. All information (product descriptions, illustrations, films, dimensions, weights, technical specifications and other information) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Audio Essence makes every effort to ensure that all data and information is correct, complete, up-to-date and clear, but Audio Essence cannot guarantee this, either expressly or tacitly.
All price information in offers and in brochures and advertising material from Audio Essence and on www.audioessence.ch are gross in Swiss francs (CHF) unless otherwise stated. Audio Essence is not subject to VAT.
Delivery is free in Switzerland and Liechtenstein. For international shipments, the shipping costs are calculated according to the weight of the shipment and must be paid by the customer. Depending on the country, international deliveries may incur additional customs costs for the buyer.
We reserve the right to make technical changes, errors and misprints. In particular, Audio Essence can make price changes at any time and without prior notice before the contract is concluded.
4. Conclusion of contract
The offers from Audio Essence, in particular on www.audioessence.ch, represent an invitation to the customer to order products and use services. With the order, including the acceptance of these terms and conditions, the purchase or service contract is concluded. Audio Essence then sends an automatic order confirmation by e-mail, which confirms the conclusion of the contract.
Orders placed are binding for the customer. It is the customer's responsibility to check the order confirmation sent to him by Audio Essence for consistency.The customer must notify Audio Essence of any discrepancies immediately. If the customer does not notify the customer within 3 working days of delivery of the order confirmation, it is deemed to have been checked by the customer and is in order.
If, after conclusion of the contract, the ordered service cannot be provided or ordered products cannot be delivered or cannot be delivered in full, Audio Essence is entitled to withdraw from the entire contract or from part of the contract. If the customer's payment has already been received by Audio Essence, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. In the event of a contract termination, Audio Essence is not obliged to make a replacement delivery or to pay any compensation.
5. Terms of payment
Invoices from Audio Essence are due for payment net within the period stated on the respective invoice. After this period, the customer is automatically in default. Audio Essence can charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder if the customer is in default of payment. Complaints by the customer do not affect the due date of the invoice. Offsetting by the customer is excluded.
Audio Essence is entitled, after the order has been confirmed, to demand an advance payment or payment on account from the customer at its discretion without giving reasons.
Audio Essence is entitled to withdraw from the contract in whole or in part if the required advance or down payment is not made.
6. Delivery, obligation to check and notification of defects
All dates given by Audio Essence are non-binding guide dates. Delivery usually takes place within one to three working days. In the event of delays in delivery, Audio Essence endeavors to inform the customer as up-to-date as possible about the status of the delivery. All customer claims due to delays in delivery are excluded.
Benefit and risk are transferred to the customer when the goods are handed over to the carrier.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Audio Essence can terminate the contract after notifying the customer in writing of a complaint and setting a reasonable period of time and all agreed remuneration is still owed by the customer . In addition, Audio Essence can charge for the costs of delivery and activities.
The customer is obliged to check the goods immediately upon receipt and to report any defects for which Audio Essence provides a guarantee within 10 days, otherwise all customer claims arising from this will be forfeited.
Returns to Audio Essence due to warranty are at the customer's expense and risk. The customer must return the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects.
If the inspection by Audio Essence shows that the goods do not have any detectable defects or that they are not covered by the manufacturer's guarantee, Audio Essence can charge the customer for the activities, the return shipment or any disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal within 14 days of receipt of the goods, provided the goods are in their original packaging and unopened.The deadline is deemed to have been met if the customer uses the cancellation form from Audio Essence to notify the customer of the cancellation in good time and sends the goods back to Audio Essence by post or e-mail within 14 days of notification using the cancellation form enclosed with the delivery. The cancellation does not require any justification.
Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods in their original packaging, unopened and complete with all accessories and together with the delivery note. Returns to Audio Essence are made at the expense and risk of the customer. Any payment already made (incl. shipping costs) will be refunded to the customer within 14 days if Audio Essence has already received the goods back or the customer provides proof that he has sent the goods back.
Audio Essence reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss in value from the purchase price already paid or to invoice the customer.
Audio Essence strives to deliver products of impeccable quality. If defects are reported in good time, Audio Essence shall guarantee that the product purchased by the customer is free of defects during the warranty period of two years from the date of delivery. If the manufacturer grants a longer warranty period, this applies. Audio Essence may, at its discretion, honor the warranty with a replacement of equal value or a refund of the purchase price. Further claims are excluded.
The warranties do not cover the consequences of improper handling or damage by the customer or third parties or defects that are attributable to external circumstances.
In the implementation of customer requests that deviate from the Audio Essence recommendations, any warranty is excluded.
Normal wear and tear, the effects of weather and the consequences of improper handling or damage by the customer or third parties are also excluded from the warranty.
Audio Essence excludes any liability for damage that has not occurred to the delivery item, regardless of its legal basis, as well as claims for damages against Audio Essence and any auxiliary persons and vicarious agents. In particular, Audio Essence is not liable for indirect damage and consequential damage, lost profits or other personal injury, property damage and pure financial loss of the customer and third parties. A further mandatory statutory liability remains reserved, for example for gross negligence or illegal intent.
11. Other Provisions
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions will be replaced by provisions that come as close as possible to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulation.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich, unless the law provides for mandatory places of jurisdiction
Zurich, April 10, 2021