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| Conditions of Use |
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General – Policy Territory
1. The Terms and Conditions apply to all present and future business relations.
2. Differing, contrary or additional General Terms and Conditions will not become part of the contract, even when acknowledged, unless it is explicitly consented to in writing.
Conclusion of Contract
1. Our offers are without engagement. We reserve the right for reasonable technical changes and changes in form, colour and/or weight.
2. By placing an order the customer bindingly declares the wish to purchase the ordered products. We are entitled to accept the contract offer sent with the order within two weeks of receipt. The acceptance can be declared either in writing or by delivering the products to the customer. Important: Some of the products are unique or single copies which will no longer be in the assortment after they have been purchased!
3. If the customer orders the products electronically, the receipt of the order will immediately be confirmed. However, the order confirmation is not a binding acceptance of the placed order. The confirmation of the order receipt can be combined with the declaration of acceptance.
4. Conclusion of the contract only occurs if the correct products are delivered to us on time. This only occurs in the case if it is not in our opinion to not deliver, especially if we close a congruent hedging transaction with our supplier. In the case of service unavailability the customer will be informed immediately. The return service will be refunded immediately.
5. If the customer orders electronically the text of the contract will be saved and if wished can be sent to the customer via e-mail, together with the contract of Terms and Conditions.
6. There is no minimum order value. Orders can only be accepted in writing via e-mail or via data transfer over the internet. E-mail address: klangkurier[a]gmail.com
Retention of Title
The products are owned by Klangkurier until the complete purchase price has been paid.
Return Policy
1. The customer is entitled to recall his/her declaration of intent on conclusion of the contract within two weeks of receiving the products. The recall does not need to be explained and is to be declared in writing or by returning the products; however, please be aware of the time limit which has to be maintained. Please note that products especially ordered can not be returned and products which are not returned in their original condition will not be accepted.
2. When recalling an order the customer is obliged to return the product, as long as the product can be sent by post. The return costs are to be covered by the customer, unless the delivered product does not correspond with the ordered product.
3. If the customer returns a product which has been damaged or is not in its original condition, he will have to pay compensation. The customer in entitled to verify the products carefully. If however, the product has been used and therefore can not be re-sold as “new” the expenses are to be covered by the customer.
Compensation
1. The offered purchase price is binding. Contained in the purchase price is the legal sales tax.
2. National: The cost of the shipment purchase includes the postage expenses within Switzerland for CDs, 7"s and "small items". For packages with LPs and boxes we charge shipping cost by 8.--! The order will be delivered by Swiss Post: as priority-delivery. The customer covers the additional expenses for all variations from standard delivery.
International: The cost of the shipment purchase excludes the postage expenses. The method of delivery will occur after being discussed with the customer and after receipt of the amount to be paid. The current delivery costs will be disclosed with the invoice.
Placing orders via electronical communication does not amount additional costs.
Regular customers living in Switzerland can pay via invoice. If the invoice has not been paid within 30 days a first warning will be sent as a payment-reminder. A further warning is subject to charge.
Office:
Klangkurier
Andreas Jufer
Hagenbuchrain 11
8047 Zurich
Switzerland
Warehouse:
Klangkurier
Josephine Faeh
Ablaesch 1
8762 Schwanden
Schwitzerland
Bank details:
SWISS POST - PostFinance, Nordring 8, 3030 Bern, Switzerland
Post account number: 40-241755-9
Addressee: Klangkurier Jufer Andreas / 8047 Zurich
SWIFT-BIC: POFICHBEXXX
IBAN: CH64 0900 0000 4024 1755 9
DEUTSCHE BANK AG - Filiale Freiburg, Rotteckring 3, 79098 Freiburg, Germany
Account: 0406611
BLZ: 68070030
Addressee: Klangkurier Jufer Andreas / 8047 Zurich / GERMANY (not Switzerland)
BIC/SWIFT: DEUTDE6FXXX
IBAN: DE25680700300040661100
PayPal-User ID: klangkurier[a]gmail.com
3. The customer only has the right to delay the payment if his counterclaim is legally established or has been accepted by Klangkurier.
Guarantee
1. Has an order been placed by a company, Klangkurier reserves the right to establish the method of compensation, either in form of rectification of defects or replacement.
Has the order been placed by a person, Klangkurier grants the customer the choice of rectification of defects or replacement. However, we are entitled to refuse the method of compensation if the chosen method would render disproportional expenses, whereas the other method of compensation could be conducted without any significant disadvantages for the customer.
2. In the case of failed compensation, the customer is entitled to demand either a cost reduction or compensation (reduction) or recall of the contract (withdrawal). If however the deficiencies are merely insignificant the contract may not be recalled.
3. If due to a failed compensation the customer chooses to recall the contract, there is no entitlement to any further claims for damage.
4. For companies the period of warranty is one year beginning on date of delivery. For people the period of warranty is two years beginning on date of delivery. For used products the period of limitation is one year beginning on date of delivery. However, this does not apply if the customer did not claim the fault in due time.
5. Has the order been placed by a company the product description of the manufacturer counts solely for the constitution of the product. Public comments, advertisements or promotion of the manufacturer do not portray the product’s constitution.
6. The customer can not claim any guarantees stated by the law. This does not include guarantees from the manufacturer.
Limitation of Liability
1. In light cases of careless neglect of duty our liability is restricted to the average damage which – depending on the kind of product – is immediate and predictable. This also applies by light cases of careless neglect of duty of our legal factors, servants and assignees.
We are not liable towards entrepreneurs for any light cases of neglect of duty of insignificant contractual obligations.
2. The preceding limitation of liability does not concern the customer’s claims of product liability. Further, the limitation of liability does not apply if we are to blame for any significant faults or damage to health or in the case of death.
Claims for compensation due to faults prescribe after a one year period beginning on date of delivery. However, this does not apply if we are to blame for any significant faults or damage to health or in the case of death.
Hyperlinks
Klangkurier is not to be held responsible for the content of the links on this site.
Final Provisions
1. Swiss law applies.
2. If the customer is a merchant, a legal entity of the public body or a separate estate subject to public law, the sole place of jurisdiction of all disputes arising from this contract is our business location. This is likewise the case when the customer does not have a general place of jurisdiction or address within Switzerland or the location of residency is not known at the time when the suit is filed.
3. Should one or more terms of the contract with the customer, including these general terms and conditions, be deemed invalid, all remaining terms remain valid. The fully or partially invalid regulation shall be replaced by a regulation whose overall economic impact is most equivalent to that of the original regulation deemed invalid.
4. Place of execution for deliveries and payments is Zurich
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