Terms and Conditions

These General Terms and Conditions (GTC) apply to all sales and services provided by MusiX AG, with its registered office at Sägeweg 15, 4304 Giebenach, Switzerland.

They apply to all orders and purchases, regardless of whether they are made via the online shop, in the physical store, by email or by telephone.

The presentation of products and prices – regardless of whether in the online shop, in the physical store, in offers by email or by telephone – does not constitute a legally binding offer, but rather a non-binding invitation to place an order.

In particular, prices displayed in the physical store and products presented are not to be understood as binding offers.

A contract is only concluded when:

• an order is placed by the customer and expressly confirmed by MusiX AG, or
• the goods are handed over or dispatched.

MusiX AG reserves the right to reject orders without stating reasons.

All prices are stated in CHF and include statutory VAT.

The following payment methods are available:

• Credit card
• PayPal
• TWINT
• PostFinance Card
• PostFinance E-Finance
• Prepayment
• Invoice / instalment payment (if offered)

Payments made using immediate payment methods (credit card, PayPal, TWINT, PostFinance) are due immediately upon completion of the order.

For prepayment, goods are shipped only after receipt of payment.

For purchases on account or instalment payment, a credit check may be carried out (e.g. via ZEK / IKO / Intrum Justitia). Unless otherwise agreed, the payment period is 10 days from the invoice date.

After expiry of the payment period, the customer is automatically in default without further notice. MusiX AG reserves the right to charge default interest and reminder fees.

If payment remains outstanding after reminders, MusiX AG reserves the right to assign the claim to a debt collection agency (e.g. Intrum Justitia) and to initiate debt enforcement proceedings. Any additional costs incurred shall be borne by the customer.

MusiX AG reserves the right to exclude certain payment methods without stating reasons.

Delivery is made within Switzerland and internationally.

For international deliveries, additional costs such as customs duties, import taxes or other charges may apply. These are borne entirely by the customer.

Delivery times are non-binding unless expressly agreed otherwise.

Partial deliveries are permitted if reasonable for the customer.

Shipping is at the customer’s risk. Risk passes to the customer upon handover of the goods to the transport company.

MusiX AG is not liable for delays caused by transport companies, customs clearance or other third parties.

If delivery cannot be completed due to reasons attributable to the customer (e.g. incorrect address, non-collection or refusal of acceptance), MusiX AG reserves the right to charge the customer for any resulting costs, including return shipping.

If a shipment is not accepted or not collected by the customer, MusiX AG may withdraw from the contract and charge the customer for the costs incurred.

Delays do not entitle the customer to withdraw from the contract or to claim damages.

The customer is obliged to inspect the goods immediately upon receipt.

Obvious defects, transport damage or missing items must be reported in writing within 5 days of receipt.

Transport damage must also be reported without delay to the responsible transport company. As a rule, such notification must be made directly by the customer to the transport company; MusiX AG is not authorized to submit such damage claims on behalf of the customer.

The customer is obliged to provide sufficient documentation in the event of transport damage or defects. This includes in particular:

• photos of the outer packaging (including any visible damage)
• photos of the contents of the package
• photos of the damaged goods

If the goods are delivered with visibly damaged packaging, the customer should, where possible, note this upon receipt or accept the delivery with reservation.

If no timely notification is made or if sufficient documentation is not provided, MusiX AG reserves the right to reject the complaint.

If no notification is made within the specified period, the delivery shall be deemed accepted.

Orders are binding.

Cancellation is only possible in exceptional cases and is subject to individual review. There is no entitlement to cancellation.

The possibility of cancellation depends in particular on the processing status of the order (e.g. procurement, picking or shipping).

Even after dispatch, cancellation may still be possible in individual cases, provided that the goods can be stopped or returned.

A cancellation request must be submitted as early as possible after placing the order. The further the order has progressed in the processing workflow, the lower the likelihood of a successful cancellation.

In the event of cancellation, costs may be incurred by the customer, in particular if:

• the order has already been placed with the supplier
• the goods have already been dispatched
• additional logistical effort is required (e.g. return transport or restocking)

These costs will be charged to the customer accordingly.

If cancellation is no longer possible, the order remains binding.

The internal processing status of the order at MusiX AG shall be decisive for the assessment.

There is no statutory right of withdrawal in Switzerland.

Returns are only possible after prior notification and review by MusiX AG. There is no entitlement to return goods.

The return must be reported in writing within 14 days of receipt of the goods.

After approval of the return, the goods must be returned within 7 days.

Conditions:

• the goods must be unused, complete and in their original, undamaged packaging
• all accessories must be included

The original packaging is an integral part of the product and a prerequisite for any return or processing (including warranty and DOA cases). Removing or discarding the original packaging may lead to rejection of the return or to deductions.

The following are excluded from the right of return in particular:

• hygiene products (e.g. in-ear headphones)
• opened or used products
• specially ordered or custom-made items

MusiX AG reserves the right to reject returns or to apply deductions, in particular in the case of:

• damaged or missing original packaging
• signs of use
• missing accessories

In the event of missing or damaged original packaging, as well as where reconditioning is required (e.g. repackaging, functional testing or restocking), MusiX AG is entitled to charge the corresponding costs as well as an appropriate reduction in value.

This applies expressly also to products that were defective upon receipt (DOA – Defect on Arrival) or that are returned within the scope of a warranty case. The requirements regarding completeness and original packaging remain applicable in all cases. Charges may be imposed regardless of the condition of the product, including in DOA and warranty cases.

The cost of return shipping shall generally be borne by the customer.

Refunds shall be made after inspection of the goods, generally using the original method of payment.

Processing of the return may take several working days.

The original shipping costs will generally not be refunded.

MusiX AG shall be liable within the limits of the applicable statutory provisions.

Liability for slight negligence is excluded to the extent permitted by law.

In particular, MusiX AG shall not be liable for indirect damages, consequential damages or loss of profit.

Any liability for damages resulting from improper use of the products is excluded.

For business customers, the following shall additionally apply:

The customer is responsible for the proper use of the products as well as for their further use or resale.

Liability for damages arising in the course of commercial use or further processing is excluded to the extent permitted by law.

Mandatory statutory provisions remain reserved.

For new products, the statutory warranty rights as well as any manufacturer warranties shall apply.

For used goods, in particular products designated as “B-Stock”, “Occasion”, “Demo” or “used”, the warranty period is 12 months.

The warranty does not cover in particular (non-exhaustive list):

• defects resulting from failure to follow operating instructions, overuse, or insufficient maintenance or care
• defects that were declared at the time of purchase in the product description (text and/or images) or communicated verbally by sales staff
• defects caused by the use of accessories or spare parts that are not original or not intended for the specific purpose
• damage resulting from third-party influence or improper handling of the product (e.g. impact damage, moisture damage or transport damage), which are generally to be covered by the customer’s private or business insurance

If no warranty case applies (in particular in cases of improper use or incorrect connection), MusiX AG is entitled to charge the customer for all costs incurred. This includes, in particular, inspection costs, transport costs, service costs and repair costs.

If the customer refuses to bear these costs or to take back the product, MusiX AG is entitled to store the product at the customer’s expense, to further process it, to dispose of it or to otherwise utilize it. In such cases, the customer shall not be entitled to any refund or compensation.

The warranty claim must be asserted within the applicable warranty period.

The warranty period shall neither be extended nor renewed by the provision of warranty services.

The warranty claim is limited to the original purchaser and is not transferable.

All further claims, whether direct or indirect, are excluded to the extent permitted by law.

The goods remain the property of MusiX AG until full payment has been received. MusiX AG is entitled to register the retention of title in the relevant register.

The separate privacy policy shall apply.

All information regarding availability, delivery times and prices is non-binding and may be changed at any time.

Interim sales, price changes and technical modifications remain reserved.

In the event of obvious errors (in particular pricing errors, incorrect product information or availability errors), MusiX AG reserves the right to refuse, cancel or correct orders accordingly.

Swiss law shall apply exclusively.

The place of jurisdiction shall be – to the extent permitted by law – the registered office of MusiX AG.