GENERAL TERMS AND CONDITIONS OF
amoenus-audio.ch
Welcome to amoenus audio GmbH!
§ 1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by amoenus audio (hereinafter referred to as "provider") to you in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these conditions carefully before placing an order with amoenus audio. By placing an order with amoenus audio, you agree to the application of these conditions of sale to your order.
(4) On amoenus audio store we offer you the sale of the following products:
Programms for PC
§ 2 Conclusion of the contract
(1) Contracts on this portal can be concluded in English or German.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order represents an offer to amoenus audio GmbH to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "order with obligation to pay" in the last order step.
(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either by sending the goods or by sending a dispatch confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of a single order and to the placement of multiple orders for the same product, where the individual orders comprise a customary household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery in the dispatch confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and do not include shipping costs or shipping surcharges. The shipping surcharges vary depending on the type of delivery and the nature of the item.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, the delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by amoenus audio GmbH (e.g. on the respective product detail page). We would like to point out that all information on availability, dispatch or delivery of a product is only estimated information and approximate guide values. They do not represent binding or guaranteed dispatch or delivery dates, unless this is expressly stated as a binding date in the dispatch options for the respective product.
(2) If amoenus audio GmbH realizes during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(4) Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(6) This right of cancellation does not apply to certain product groups and services, including digital content or software, which are not supplied on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 5 Customs
(1) If you order products from amoenus audio GmbH for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the parcel reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Furthermore, please note that when ordering from amoenus audio GmbH, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods using the following payment methods:
- Paypal
- Credit card
- Bank transfer
(2) Certain payment methods may be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or cheques.
(4) If the customer chooses an online payment method, the customer thereby authorizes the supplier to collect the amounts due at the time of the order.
(5) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
(8) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.
§ 7 Offsetting and right of retention
(1) The Purchaser shall only be entitled to set-off if the Purchaser's counterclaim has been recognized by declaratory judgement or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 8 Retention of title
amoenus audio retains ownership of the goods until full payment has been received.
§ 9 Transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier requests him to complain about this as soon as possible.
(2) If the customer fails to lodge a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
§ 10 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, buyers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on amoenus audio GmbH if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can demand a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new fulfillment.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses relating to compensation for damage to body and health or to intent or gross negligence are asserted.
§ 11 Limitation of liability (products)
(1) The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damage typical of the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of amoenus audio GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the customer is a consumer, he has a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial consignments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), without giving reasons.
To exercise your right of cancellation, you must contact us:
amoenus audio
Hühnerhubelstrasse 96 3123 Belp CH
E-mail: info@amoenus-audio.ch
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires and to return the goods via our online returns centre within the period defined below.
(3) Consequences of the cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract to
amoenus audio
Hühnerhubelstrasse 96 3123 Belp CH
E-mail: info@amoenus-audio.ch
to return or hand over the goods. The deadline is met if you dispatch the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of cancellation
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of cancellation does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- in the case of services, if amoenus audio GmbH has provided these in full and you have taken note and expressly agreed before placing the order that we can begin to provide the service and you lose your right of cancellation upon complete fulfillment of the contract;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the right of cancellation
(1) The right of cancellation does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly custolmised to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of cancellation expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete and free information from amoenus audio GmbH about the data concerning you at any time.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 15 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
(5) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final provisions
(1) The contract language is German or English.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use amoenus audio GmbH only with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we take no action against you, we will continue to be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.