Imprint

GITARREN TOTAL

Aemtlerstr.15,
8003 Zürich
Phone: 044 463 16 16,
F: 044 463 80 66
info(at)gitarrentotal(.ch)

Design/Realisation

nadlo GmbH
Cordulaplatz 8
5400 Baden
info@nadlo.ch
www.nadlo.ch

Hosting

Metanet AG
Hardstrasse 235,
8005 Zürich

GTC GITARREN TOTAL

General

  • The following terms and conditions apply to all offers and all contract conclusions, including consulting and other contractual services. Deviations – also due to deviating general terms and conditions of the contractual partner – shall not be valid unless they are expressly recognised in writing. Any terms and conditions to the contrary contained in the purchaser’s order are superseded by the following terms and conditions.
  • Telegraphic, telex and telephone orders as well as those via fax, screen text or the Internet shall only be binding on the Seller once they have been confirmed in writing or the goods have been delivered and/or an invoice has been issued. Oral declarations by representatives and employees of the Seller require written confirmation to be effective.
  • Offers and orders are subject to change until the order confirmation and/or invoice. This also applies to orders placed with representatives of the seller.
  • For orders from minors and guardians, the signature of the legal representative is required.

Delivery, packaging, delivery times

  • Delivery shall be made at the risk of the purchaser. As soon as the goods have been properly handed over by the seller to the railway, post office, UPS or other transport companies as well as forwarding agents, the risk shall pass to the buyer. All goods are insured for transport by the seller.
  • Shipment shall be made by such means and in such packaging as appear to the Seller to be most suitable. The Seller shall not be liable for the quality of the packaging material. Special requests are at the expense of the buyer. The packaging costs are included in the purchase price. On the other hand, packaging will be charged separately by the seller for large, heavy goods not packed by the manufacturer, e.g. empty cases, flight cases. The choice of packaging materials shall remain with the Seller; the Seller shall not be liable for quality and grade. The seller offers special packaging for empty cases for an appropriate surcharge. Any liability of the seller for rejected claims for damages due to insufficient packaging is excluded.
  • Transport costs are to be borne by the buyer. Any deviating regulations can be found in our current shipping conditions, which apply in place of the above regulation. The Seller expressly reserves the right to make changes to these shipping conditions at any time. There is no legal claim to the benefits mentioned in the shipping conditions. In case of doubt, the transport costs are to be borne by the buyer.
  • Partial deliveries are permissible unless expressly agreed otherwise.
  • The goods must be inspected for transport damage immediately upon receipt by the purchaser or his agents. Damage to the packaging must be certified in writing by the transport company upon acceptance of the goods.
  • The seller will endeavour to fulfil the delivery without delay. After expiry of the delivery period stated by the seller, a subsequent delivery period of the duration of the delivery period, but no longer than 18 days, shall be set in motion without explanation. In the event of force majeure, industrial action, official measures and other unforeseen events which could not be avoided despite precautionary measures against reasonably foreseeable events – irrespective of whether these occur at the seller’s, the supplier’s or third parties’ premises – the delivery period or acceptance period shall be extended without further ado by the duration of the impediment in a reasonable manner, even if such events occur during an already existing delay. If events in the aforementioned sense occur outside of a delay and if delivery subsequently becomes impossible or unreasonable for the Seller, the Seller shall be entitled to withdraw from the contract. Claims for damages are excluded in the aforementioned cases.
  • If the delivery has not been made on time and the buyer wishes to withdraw from the contract, he must set the seller a subsequent delivery deadline of 3 weeks with the threat that he will refuse performance after the deadline has expired. The subsequent delivery period is calculated from receipt by the seller. Claims for damages due to non-fulfilment of the contract are excluded.
  • In the event of delay in delivery or performance or impossibility of delivery or performance for which the Seller is responsible, claims for damages due to non-performance shall be excluded if the Seller has not acted with intent or gross negligence.

Complaints

  • Complaints due to incomplete or incorrect goods or recognisable defects must be received by the seller in writing without delay, at the latest 8 days after receipt of the goods. Warranty claims can only be asserted if the delivery is opened immediately and inspected for obvious damage. In the event of damage to or loss of the goods, the seller is obliged to obtain all documents to enable proof of damage.
  • In the event of defects as well as the absence of warranted characteristics which can be proven to have occurred as a result of a circumstance prior to the transfer of risk, the seller is only obliged to grant a price reduction in accordance with his will, to exchange or take back the goods or to provide a warranty by repairing or correcting the delivered item. The seller is released from any other or further obligation. Defective items shall be returned to the Seller upon request. Replaced parts shall become the property of the Seller. In the event of justified complaints, the Seller shall bear the costs of return shipment, including transport insurance. Defects or damage attributable to culpable or improper handling or improper installation as well as use of unsuitable accessories or modification of the original parts by the purchaser or third parties not commissioned by the seller or natural wear and tear shall be excluded from the warranty.
  • Claims for damages under the warranty for consequential harm caused by a defect, breach of ancillary contractual obligations, errors in advice or tort against the Seller or its vicarious agents are excluded, except in cases of intent or gross negligence. Claims for damages due to the absence of warranted characteristics are excluded, unless the warranty included the avoidance of consequential harm caused by a defect. A warranted quality shall only be deemed to exist if this warranty of quality has been given to the Purchaser in writing.

Warranty

  • The seller gives a guarantee of at least 6 months on all devices and goods (except tubes, loudspeakers, wearing parts and used equipment) or at most the original manufacturer’s guarantee. The warranty period is 6 months. Within this warranty period, the seller shall bear the costs for the spare parts and the working time required for the repair. The buyer is obliged to bear the costs for the return shipment to the seller. The costs of reshipment to the buyer together with insurance shall be borne by the seller. After several unsuccessful repairs carried out in accordance with the above provision, the buyer shall have the right to replacement delivery or cancellation of the purchase (rescission). Insofar as no warranty cards are available for devices (in particular those originating from the USA or England), the warranty promise of the seller shall be valid as proof upon presentation of the invoice. A warranty statement by the manufacturer which is more extensive than that of the seller shall not be binding on the seller. The buyer may not assert any claims other than the warranty claims regulated above. In particular, claims for damages due to consequential damages are excluded.
  • Claims for damages are limited to the value of the delivered goods.
  • Claims for damages of any kind against the seller or his vicarious agents due to breach of secondary contractual obligations, from culpa in contrahendo or from tort are excluded, unless there is intent or gross negligence.

Offer and order

  • The offers correspond to the state of the art at the time of the preparation of the offer.
  • The inspection of the equipment or parts listed in the offer, in particular in connection with the mode of operation at the place of use as well as any necessary compliance with required regulations or influences, shall be a matter for the client.
  • If the modes of action or impressions or effects produced with our equipment are not known or familiar to the client, he must inform himself about them in advance. A subsequent complaint due to other modes of action than presented is not possible.
  • Installation material, fixing material, brackets as well as other small accessories are charged additionally according to expenditure. The same applies to travel to and from the site, working hours, drawing and planning work. The recording of the aforementioned work is done internally. If the Client wishes to receive regular reports during the execution of the order, he shall expressly notify the Client in advance and ensure that these are submitted to him on a regular basis. Otherwise, the client agrees to this regulation and accepts the recording after the completion of the order or the settlement.

Liability and defects

The supplier shall be liable for defects in the delivery, which shall also include the absence of expressly warranted characteristics, as follows:

  1. a) All parts which prove to be unusable or significantly impaired in their usability within 6 months of commissioning as a result of a circumstance prior to the transfer of risk – in particular due to faulty design, poor materials or defective workmanship – shall be repaired or replaced free of charge at the Seller’s discretion. The discovery of such defects shall be reported to the Seller in writing without delay. Replaced parts become the property of the seller. If dispatch, installation and commissioning are delayed through no fault of the seller, liability shall expire no later than 12 months after the transfer of risk.
  2. b) The client’s right to assert claims arising from defects shall expire in all cases in 6 months from the time of the timely complaint, but at the earliest with the expiry of the warranty obligation.
  3. c) No warranty is assumed for damage caused by the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the client or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, chemical, electrochemical or electrical influences, design faults, software faults, insofar as they are not the fault of the seller. Faults resulting from improper operation, incorrect wiring or mechanical damage or caused by repair attempts by technicians not authorised by the seller.
  4. d) After consultation with the Seller, the Client shall give the Seller the necessary time and opportunity to carry out all repairs and replacement deliveries that the Seller deems necessary in its reasonable discretion, otherwise the Seller shall be released from its liability for defects. Only in urgent cases of danger to operational safety and to prevent disproportionately large damage, in which case the Seller must be notified immediately, or if the Seller is in default with the rectification of the defect, shall the Client have the right to rectify the defect itself or have it rectified by third parties and to demand reimbursement of the necessary costs from the Seller.
  5. e) Of the direct costs arising from the repair or replacement delivery, the Seller shall bear – insofar as the complaint proves to be justified – the costs of the replacement part including dispatch as well as the reasonable costs of dismantling and installation, furthermore, if this can be reasonably demanded according to the situation of the individual case, the costs of any necessary provision of its fitters and assistants. Otherwise, the client shall bear the costs.
  6. f) Defect rectification work on large appliances that cannot be sent will be carried out on site, whereby travel expenses will be charged as these are not covered by the warranty claim. If service compensation was also granted for such equipment, travel costs and on-site working time will be charged.
  7. g) The warranty period for the replacement part and the repair is 3 months. However, it shall run at least until the expiry of the original warranty period for the delivery item. The period of liability for defects in the delivery item shall be extended by the duration of the interruption of operations caused by the rectification work.
    h) Any modifications or repair work improperly carried out by the customer or third parties without the prior consent of the seller shall void the liability for the resulting consequences.
  8. i) Further claims of the client, in particular a claim for compensation for damages that have not occurred to the delivery item itself, are excluded unless they are based on intent or gross negligence.
  9. j) Products for which the Seller acts as a reseller and whose distribution is carried out by other companies are exclusively subject to the warranty conditions of the upstream suppliers.
  10. k) The other general terms and conditions shall apply accordingly.

Return of goods

  • Delivered goods will only be taken back if this has been agreed in advance, the goods and the original packaging are in perfect condition and the return is carriage paid to the registered office in Zurich. In the case of goods returned without consent, the seller reserves the right to refuse acceptance. In the case of goods which have been manufactured at the special request of the customer or which have been specially ordered because they are not customary in stock, a return is excluded. In addition, we refer to the exceptions to the ten-day right of return in the shipping conditions, which form part of these terms and conditions.
  • For returned goods or goods taken back on the basis of retention of title, the current value will be credited after deduction of a handling fee, unless the return was due to a justified complaint.
  • If a ten-day right of return has been agreed, the buyer shall bear the costs of the outward and return shipment.

Prices and retention of title

  • The prices for end consumers include the currently valid value added tax. Prices are subject to change without notice. The prices for commercial customers do not include the currently valid value added tax. Invoicing shall be at the prices valid on the day of delivery. The seller is entitled to adjust the prices in the event of cost increases, exchange rate changes, changes in freight duties and other levies occurring after conclusion of the contract.
  • The goods shall remain the property of the seller until full payment of all claims arising from the business relationship, including all ancillary claims, and until settlement of any current account balance resulting to the detriment of the buyer. If the goods subject to retention of title are sold by the buyer, the buyer hereby assigns to the seller the full amount of his purchase price claim against his purchasers, which he must disclose upon request.
  • The buyer may neither pledge nor assign by way of security the goods received under retention of title.
  • The retention of title shall also remain in force if individual claims have been included in a current account and the balance has been struck and recognised. The buyer cannot acquire ownership of the goods by processing them into a new item; he processes them for the seller. The processed goods shall serve as security for the claim of the seller’s reservation of title. In the event of processing by the buyer with goods not belonging to the buyer, the seller shall become co-owner of the new items in proportion to the value of his goods to the goods processed by third parties. The buyer shall reserve the conditional ownership of the goods to which he is entitled vis-à-vis his customers until they have paid the purchase price in full. All claims of the buyer arising from the resale of the goods subject to retention of title are assigned to the seller. The buyer is authorised to include the claims from the resale. At the request of the seller, the debtor shall inform him of the assigned claim.

Terms of payment

  • The invoices of the seller are payable immediately without deduction. Payment shall be made in cash, by cheque, bank or postal transfer or by credit card. Cheques should always be sent to us by registered mail. No liability will be accepted for cheques not received or lost. Wherever possible, only cash on delivery will be used for processing reasons. The seller is entitled to make outstanding deliveries only against advance payment. If the advance payment is not made within a reasonable period, the seller is entitled to withdraw from the contract.
  • Interest on arrears shall be charged at a rate of 2% above the applicable discount rate of the Swiss National Bank.
  • If the purchaser defaults on payment or if circumstances become known which call the creditworthiness of the purchaser into question (e.g. dishonouring of cheques), all claims shall become due immediately. The seller is then entitled to carry out outstanding deliveries only against advance payment or provision of security. Furthermore, the seller is entitled to repossess goods delivered under retention of title without automatically exercising the right to withdraw from the contract.
  • Offsetting and rights of retention based on counterclaims are excluded unless the counterclaims have been recognised in writing or have been legally established.

Place of performance, place of jurisdiction

  • The place of performance for all services arising from the contractual relationship is Zurich as the registered office of GITARREN TOTAL AG.
  • The place of jurisdiction for all disputes arising from this contractual relationship – also in the event of withdrawal – is Zurich, irrespective of the amount in dispute.

Other

  • Should any of these provisions – for whatever reason – not apply, this shall not affect the validity of the remaining provisions.
  • Purchaser’s terms and conditions, even insofar as they have been communicated, shall only apply if and insofar as they have been expressly confirmed in writing by the Seller.
  • The export of the goods requires a licence and is subject to Swiss foreign trade law.
  • The personal data received in connection with the business relationship shall be processed by the Seller in compliance with the statutory provisions.
  • The buyer shall store the goods delivered under retention of title separately and allow the seller’s authorised representatives to inspect and reasonably examine the stocks and shall return the goods to the seller or his authorised representative without delay at the latter’s request if, in the seller’s opinion, the seller’s credit circumstances do not appear suitable for granting credit even after conclusion of the contract.

Shipping costs (for domestic) / basic flat rates

PostPac Economy PostPac Priority Express Mond
Delivery 1-3 days Delivery by 10.00 a.m. on the next working day Delivery next day 6.30 – 9.00 a.m.
Letter up to 1 kg CHF 14.80
Parcel up to 2 kg CHF 6.00 CHF 8.00 CHF 17.80
Parcel up to 5 kg CHF 8.00 CHF 10.00 CHF 19.80
Parcel up to 10 kg CHF 11.00 CHF 13.00 CHF 23.80
Parcel up to 20 kg CHF 16.00 CHF 19.00 CHF 26.80
Parcel up to 30 kg CHF 23.00 CHF 26.00 CHF 29.80
Bulky goods up to 30 kg
(fixed price)		 CHF 26.00 not possible CHF 34.00
+ all additional services
Signature: Delivered against signature (vers. value net price up to CHF 1500,-) CHF 1.50
Assurance: Delivered against signature (vers. value net price up to CHF 5000.-) CHF 5.00
Cash on delivery: Delivery only against immediate payment CHF 15.00
Fragile: Sensitive content CHF 7.50
MAN: CHF 3.00
Bulky goods: Only Economy or Express possible
Bulky goods up to 30 kg Economy CHF 26.-
Bulky goods up to 30 kg express CHF 34.-
& Signature o. Assurance surcharge!
Bulky goods are automatically also fragile and therefore do not have to be charged separately.

 

Shipping costs abroad

When shipping abroad, we charge the real costs incurred. The maximum weight is 30 kg. Heavy or particularly bulky goods will be delivered by a forwarding agent, we will gladly quote costs on request. Minimum order value CHF 100: Orders from abroad should preferably not be less than CHF 100.- value of goods, otherwise there will be a poor ratio of shipping costs and goods performance. Of course, we will still send you any desired quantity. If necessary, an advance payment may be advisable. Please call 0041 44 463 16 16 or send an e-mail to info@gitarrentotal.ch.

Invoice and payment

The invoice lists all ordered items individually and shows the VAT portion for the total amount. All invoices to customers within Switzerland include Swiss VAT (currently: 7.6%). For other countries (e.g. Germany/Norway), VAT is automatically deducted. When crossing the border into such countries, customs duties and taxes applicable there will be added.

Methods of payment

  • Cash on delivery :The standard delivery is made by cash on delivery post. In addition to cash, the bearer also accepts Euro cheques, whereby each cheque may be issued up to CHF 300. For higher amounts, several cheques may have to be issued.
  • by prepayment: If you have chosen prepayment as your method of payment, we will send you an order confirmation or a prepayment invoice by e-mail, on which you can see all your order data as well as the required account details. Please do not transfer the invoice amount to the account listed until you have received your order confirmation, stating the order number. We will deliver to you immediately after receipt of payment.
  • Paypal: We accept American Express, Eurocard and Visa. Please state the complete (usually 15 to 16-digit) card number and don’t forget “valid until” (M/J).

Public institutions, schools, authorities, also churches and similar institutions are supplied against open invoice. This requires a written order.

Transport damage

The item must be checked carefully upon receipt. The recipient of the item reports the damaged parcel to the nearest post office. The post office will prepare a damage report and initiate the next steps. Please then contact us directly with the signed damage report: +41 (0) 44 463 16 16.

Other!

Address recording/electronic data processing :We store your address data in accordance with the legal regulations and confidentially. Only order-related data as well as your areas of interest emerge from this in order to provide you with the right information about special offers, news or events.

Terms and conditions:
All legal transactions are based on our current terms and conditions. Their acceptance is the basis of every delivery or service. The detailed terms and conditions of business are available to you with this document.