General Terms and Conditions of Audio Essence GmbH
These general terms and conditions of Audio Essence GmbH , Loorenstrasse 60, 8053 Zurich (hereinafter “Audio Essence”), apply to all offers, quotes, deliveries, consulting services and all other services provided by 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 terms and conditions apply.
Audio Essence offers high-quality products from the electronics sector for sale and provides comprehensive advice and installation services for this. For this purpose, Audio Essence operates the websites www.audioessence.ch and www.audioessence.eu (hereinafter, for the sake of simplicity, www.audioessence.ch).
Any natural or legal person who maintains business relationships with Audio Essence is referred to as a customer.
These terms and conditions apply exclusively. Conditions that contradict, supplement or deviate from these terms and conditions require express written confirmation by Audio Essence in order to be valid. When using the services of Audio Essence and when concluding a contract, the customer confirms that they fully accept these terms and conditions, including delivery and payment conditions.
2. Information on 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 changes to prices and ranges as well as technical changes. All information (product descriptions, images, 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 endeavors to provide all details and information that are correct, complete, up-to-date and clearly arranged, but Audio Essence can neither expressly nor tacitly guarantee this.
Unless otherwise stated, all prices quoted in offers and on brochures and advertising material from Audio Essence and on www.audioessence.ch are gross in Swiss francs (CHF). Audio Essence is not subject to VAT.
The delivery is in the Switzerland and Liechtenstein free of charge. For international shipments, the shipping costs are calculated and are based on the weight of the shipment to be paid by the customer. In the case of international deliveries, additional customs costs may apply to the buyer, depending on the country.
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 a 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 email, which confirms the conclusion of the contract.
Orders placed are binding for the customer. It is the customer's responsibility to check that the order confirmation sent to him by Audio Essence is correct. The customer must notify Audio Essence immediately of any discrepancies. Without a corresponding notification from the customer within 3 working days of the delivery of the order confirmation, it is deemed to have been checked and in order by the customer.
If, after the conclusion of the contract, it emerges that the ordered service cannot be provided or the ordered products cannot be delivered or not completely delivered, Audio Essence is entitled to withdraw from the entire contract or from a 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. Audio Essence is not obliged to deliver a replacement or to pay compensation in the event that the contract is terminated.
5. Payment methods
The invoices from Audio Essence are due for payment strictly net within the deadline specified 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 defaults on payment. Complaints by the customer do not affect the due date of the invoice. Offsetting by the customer is excluded.
After the order has been confirmed, Audio Essence is entitled to request an advance payment or payment on account from the customer at its discretion without giving reasons.
If the requested advance or payment on account is not made, Audio Essence is entitled to withdraw from the contract in whole or in part.
6. Delivery, inspection obligation and notification of defects
All dates given by Audio Essence are non-binding guide dates. As a rule, delivery takes place within one to three working days. In the event of delays in delivery, Audio Essence endeavors to keep the customer as current as possible about the status of the delivery. All claims of the customer due to delivery delays 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 the customer refuses to accept the delivery, Audio Essence can terminate the contract after a written notification of complaint to the customer and setting a reasonable deadline and all agreed remuneration of the customer is still owed. In addition, Audio Essence can invoice the costs for the delivery and the activities.
The customer is obliged to check the goods immediately upon receipt and to notify any defects for which Audio Essence guarantees within 10 days, otherwise all claims of the customer from this are forfeited.
Returns to Audio Essence due to warranty are made at the expense and risk of the customer. The customer has to 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 noticeable defects or that these are not covered by the manufacturer's guarantee, Audio Essence can invoice the customer for the activities, the return or any disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 14 days after receipt of the goods. The deadline is deemed to have been met if the customer notifies the cancellation in due time using the cancellation form from Audio Essence and sends the goods back to Audio Essence by post or email within 14 days of notification using the cancellation form enclosed with the delivery. The revocation does not require justification.
Exercising the right of withdrawal leads to the contract being reversed. 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 for the account and risk of the customer. Any payment that has already been made (including shipping costs) will be refunded to the customer within 14 days, provided that Audio Essence has already received the goods back or the customer provides evidence 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 decrease 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 guarantees that the product purchased by the customer is free from defects during the warranty period of two years from the delivery date. If the manufacturer grants a longer warranty period, this applies. It is at Audio Essence's discretion to provide the warranty by replacing it with an equivalent value or by refunding the purchase price. Further claims are excluded.
The warranty does not cover the consequences of improper handling or damage by the customer or third parties, as well as defects that can be traced back to external circumstances.
When implementing customer requests that deviate from the Audio Essence recommendations, any warranty is excluded.
Also excluded from the guarantee are normal wear and tear, the effects of weather and the consequences of improper handling or damage by the customer or third parties.
Audio Essence excludes any liability for damage that has not occurred to the delivery item, regardless of its legal reason, 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 caused by defects, lost profit or other personal, property or pure financial damage to the customer and third parties. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
10. Data protection
11. Further provisions
Should individual provisions of these terms and conditions 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 those that come closest 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 a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN sales law (CISG, Vienna Sales Law) is explicitly excluded.
The place of jurisdiction is Zurich, unless the law provides for any mandatory places of jurisdiction.
Zurich, April 10, 2021