General Terms and Conditions
1 Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions concluded via the online shop “mozartheroes.com”. mozartheroes.com is operated by Soundcatering GmbH (hereinafter referred to as “Soundcatering”). Soundcatering reserves the right to change these terms and conditions at any time. The version of these GTC that is valid at the time of the order is decisive in each case, which cannot be unilaterally changed for this order. Conflicting conditions or conditions of the customer deviating from these AGB are not recognized. The offer of products in the online shop (hereinafter referred to as “offer”) is aimed at customers worldwide. The offer is valid as long as the product can be found in the online shop and/or stocks last. Orders in non-household quantities may be rejected without justification.
2.1 Product and price
Illustrations of products in the online shop, brochures, etc. serve as illustrations and are non-binding. The information about products is compiled in the online shop as customerfriendly as possible, but is not binding. The prices are net prices, in Swiss francs excluding VAT and postage. Soundcatering reserves the right to change prices at any time. The price in the online shop at the time of ordering is decisive.
2.2 Availability and delivery time
Soundcatering attaches great importance to indicating current availability and delivery times in the online shop. However, delays in delivery may occur in particular due to production or delivery bottlenecks. All information regarding availability and delivery time are therefore subject to change without notice.
3 Conclusion of contract
The products and prices in the online shop are non-binding offers. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address indicated by him. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that his offer has therefore been made subject to the condition that it is possible to deliver and that the price has been quoted correctly. The contract with the customer is only concluded when Soundcatering confirms the delivery to the customer.
4 Delivery date
If Soundcatering is in default of delivery, the customer is entitled (except for special orders) from the 30th calendar day since the originally announced delivery date, the right to withdraw from the contract. In such cases Soundcatering will reimburse the customer for amounts already paid in advance. There are no further claims against Soundcatering.
If the customer does not accept the ordered products on the agreed or indicated delivery date or place (creditor default), Soundcatering can cancel the contract without further ado and charge the customer for the delivery costs incurred and a turnover fee of 10% of the order value, but at least CHF 50, as well as for any loss in value of the ordered products.
6 Obligation to inspect
The customer has to check delivered or collected products immediately after receipt for correctness, completeness and delivery damages. Delivery damage, incorrect and incomplete deliveries must be reported in writing to Soundcatering within 5 calendar days of receipt at the latest. The customer may not use such a product and he shall keep it as received in its original packaging until Soundcatering contacts him.
Soundcatering guarantees for 2 years after receipt of the delivery that the products purchased from it are free of defects and function as intended. Soundcatering does not assume any warranty for worn textiles and used data carriers. Soundcatering may replace the warranty at its option by partial and complete replacement by an equivalent product. Credit note at the current price, maximum of the sales price at the time of the order. In all other respects, the exclusions of liability pursuant to Section 8 shall apply.
8 Liability and exclusion of liability
Liability shall be governed by the applicable statutory provisions. However, in no event shall Soundcatering be liable for (a) slight negligence, (b) indirect or consequential damages or loss of profits, (c) unrealized savings, or (d) damages resulting from delay in delivery, or (e) any acts or omissions of Soundcatering’s assistants, whether in contract or otherwise. Soundcatering is not liable for damages caused by any of the following causes: • improper, non-contractual or unlawful storage, adjustment or use of the products; • neglected maintenance and/or improper modification or repair of the products by the customer or a third party; • Force majeure, in particular natural, moisture, fall and impact damage, etc., for which Soundcatering is not responsible, and official orders.
Payments must always be made in Swiss francs. Online banking, bank and/or postal transfers, credit cards (Mastercard, VISA, PayPal, PostFinance, debit cards and Postcard) are accepted as payment methods. The current fees can be seen under payment options and are shown in detail in the order process. If payment is made by credit card, the amount will be debited when the order is placed.
10 Changes to the order or cancellation
Orders oblige the customer to accept the products and services. Soundcatering can accept subsequent changes or cancellations of the customer’s orders at its own discretion and charge a fee of 20% of the cancelled order value, but at least CHF 50, as well as any loss in value of the cancelled products since their order. If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
11 Return of defect-free goods
There is no general claim for return of the ordered products. In the case of textile products, the customer is entitled to revoke his declaration of intent to conclude a contract without stating reasons within 14 days of receipt of the goods in text form (e.g. letter, e-mail, fax) or by returning the goods to Soundcatering. The period begins on the day the goods are received by the recipient. The timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation in text form is to be sent to firstname.lastname@example.org. The customer bears the burden of proof for the dispatch of the goods to be returned. In the event of an effective revocation, both parties must refund the services already received. If the customer can only return the received goods in a deteriorated condition, he must compensate Soundcatering for the loss in value. In this case, the products will be returned at the expense and risk of the customer. The products must be sent by registered mail to the location indicated on www.mozartheroes.com under “Booking/Management international”. The products must be professionally packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.
14 Further provisions
14.1 Non-attributable returns Returns that cannot be assigned to a customer or returned to the customer will be stored for six months and then disposed of.
The data protection declaration is an integral part of these General Terms and Conditions. By accepting these GTC, the customer also declares to agree to the data protection declaration.
14.3 Civic validity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole.
14.4 Jurisdiction and applicable law All legal relationships between Soundcatering and its customers are subject to Swiss substantive law. The Vienna Sales Convention is not applicable. Lucerne shall be the place of jurisdiction for consumer complaints.
14.5 Copyright notice All rights, namely copyrights of mozartheroes.com are owned by Soundcatering. Any duplication, distribution or other use of the information, pictures and works contained on our website is prohibited and only permitted with the express written consent of Soundcatering. Soundcatering reserves the right to take all legal steps in the event of a violation of this requirement.
Translated with www.DeepL.com/Translator October 2018