General Terms and Conditions
1. Scope of application
The following General Terms and Conditions apply to all deliveries
between us and a consumer or company (hereinafter in brief “contracting
party”) in the version valid at the time of ordering.
2. Conclusion of a contract, storing of the contract text
2.1. The following provisions for the conclusion of a contract apply to orders through our Internet shop www.wildgutstrings.com.
2.2. In case of a contract conclusion, the contract is made with Stephan Schürch, Wynigenstrasse 20, CH-3400 Burgdorf.
2.3. The presentation of the goods in our Internet shop
does not represent a legally binding contract offer on our part but is
only a non-binding prompt to the contracting party to order goods. By
ordering the required goods, the contracting party is submitting a
binding offer to conclude a purchase contract.
2.4. The contracting party places a binding contract
offer by successfully completing the order procedure set up in our
Internet shop
2.5. Before the binding sending of the order, after
checking their details the contracting party can return by clicking the
return key to the Internet page where the details of the contracting
party were entered and rectify any entry errors, or else abort the order
procedure by closing the Internet browser.
2.6. We confirm receipt of the order immediately through an automatically generated e-mail (“receipt confirmation”).
2.7. We send you the order details and our GTC by
e-mail. The GTC can also be viewed at any time at
www.wildgutstrings.com/de/agb.html. Your order details are no longer
accessible through the Internet for security reasons, but we store them
electronically.
2.8. The purchase contract comes into force with the
sending of an order confirmation or at the latest with the dispatch of
the ordered goods.
3. Prices, shipping costs, payment, due date
3.1. The stated prices are in EUROS and include the
legal VAT and other price components. There are also additional costs
for packaging, transport, insurance, postage and customs.
3.2. The contracting party has the options of paying by PayPal, credit card or invoice.
4. Delivery
4.1. The delivery of the ordered goods is by regular dispatch. The dispatch costs are borne by the contracting party.
4.2. Unless we have clearly stated otherwise in the
product description, all the items we offer are available for immediate
dispatch. Delivery in this case is within 10 working days. The deadline
for delivery in the case of advance payment starts on the day after the
payment order to the bank appointed for the transfer and for all other
payment means on the day after contract conclusion. If the end of the
deadline is on a Saturday, Sunday or legal bank holiday at the place of
delivery, the deadline ends on the next working day.
4.3. The risk of the coincidental decline and worsening
of the sold item is only transferred to the contracting party with the
handover of the item, also for dispatch purchases. If the contracting
party is a company, the risk of the coincidental decline and worsening
of the sold item is already transferred to them for dispatch purchases
with the notification of the readiness for dispatch and delivery.
5. Retention of title
We retain ownership of the goods until the full payment of the purchase price.
6. Cancellation right of the customer as a consumer
If the contracting party is a consumer, they have a cancellation right.
6.1. Cancellation policy
Cancellation right
You have the right to cancel this contract within fourteen days without
stating reasons. The cancellation deadline is fourteen days from the day
on which you, or a third party appointed by you who is not the carrier,
have/has taken over ownership of the goods.
To exercise your cancellation right, you must inform us
Stephan Schürch
Wynigenstrasse 20
CH-3400 Burgdorf
Tel: +41 34 422 00 22
E-mail: info@wildgutstrings.ch
by means of a clear notification (e.g. a letter sent by post or an
e-mail) of your decision to cancel this contract. You can use the
attached sample cancellation form for this, but this is not mandatory.
To comply with the cancellation deadline, it is sufficient that you send
the notification of exercising your cancellation right before expiry of
the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we shall pay back to you all payments we
have received from you, including the delivery costs (with the exception
of any additional costs incurred by your choosing a different type of
delivery than the most cost-effective standard delivery we offered),
without delay and at the latest within fourteen days from the day on
which we received your notification of the cancellation of this
contract. For this repayment, we use the same means of payment that you
used for the original transaction, unless explicitly agreed otherwise
with you; in no case does this repayment incur any fees for you.
We can decline the repayment until we have received the returned goods
or until you have submitted proof that you have sent the goods back,
depending which is sooner.
You must return or hand over the goods to us without delay and in any
case at the latest within fourteen days from the day you inform us of
the cancellation of this contract. The deadline is maintained if you
dispatch the goods before the expiry of the deadline of fourteen days.
You bear the direct costs of returning the goods.
End of cancellation policy
6.2. The consumer has no cancellation right for contracts pertaining to goods manufactured according to customer specifications or clearly customised to personal requirements, as well as goods that are delivered sealed and for health and safety or hygiene reasons are not suitable for returns, insofar as the sealing was removed after delivery.
7. Cancellation form
Our cancellation form is available online here as a PDF: Click here (PDF)
8. Data privacy and consent declaration
8.1. The regulations of data privacy law in the valid version shall be complied with.
8.2. We are entitled to store and use logging of the IP
addresses of contracting parties in accordance with legal regulations.
We protect stored data appropriately in accordance with the usual
state-of-the-art technology. However, we are not liable for unlawful
access by third parties (e.g. viruses, hackers).
8.3. The contracting party declares their consent to
our storing, using, processing and evaluating their stated data, as well
as any data resulting from the business relationship, for our services
and associated procedures (e.g. administration, accounting, data backup,
data privacy control, support). The contracting party agrees that we
may use this same data for sending information about products, services,
special and advertising campaigns by post, telephone, fax or e-mail.
The contracting party may withdraw consent at any time in writing by
e-mail to info@wildgutstrings.ch or by post to Stephan Schürch,
Wynigenstrasse 20, CH-3400 Burgdorf.
8.4. We assume no liability in case of misuse of the data provided.
9. Warranty and damage compensation
9.1. A warranty claim is excluded unless it is due to mandatory consumer protection regulations.
9.2. We assume liability neither for damage
compensation, especially not for indirect damages or lost profit, nor
regarding a guarantee or product liability, unless it is subject to
mandatory consumer protection regulations.
9.3. If we are responsible for damage according to
legal regulations, our liability is restricted to intent and gross
negligence. Our liability is restricted in amount to the concrete
contract fee. Further liability is excluded.
9.4. We assume no liability for the up-to-dateness, correctness, completeness and the content of the information provided.
10. Offsetting and retention
An offsetting of claims by the contracting party against claims by
Stephan Schürch, as well as any retention right, are excluded, unless
due to mandatory consumer protection regulations.
11. Applicable law, place of jurisdiction, place of fulfilment and written form
11.1. Unless it goes against mandatory legal
regulations, exclusively Austrian law is applicable; the application of
the UN CISG is explicitly excluded.
11.2. In case of disputes, the place of jurisdiction is the responsible court at the head office of Stephan Schürch
11.3. The place of fulfilment is the head office of Stephan Schürch
11.4. Amendments and additions to this contract must be
in written form, this also applies to subsidiary agreements and
subsequent contract changes, as well as the waiving of the written form
requirements.
12. Contract language
The exclusive contract language is German.
13. Severability clause
If a clause of these General Terms and Conditions is or becomes invalid,
it does not affect the validity of the other clauses. The invalid
clause shall be replaced by a valid provision that comes the closest to
the economic and legal purpose of the clause to be replaced.