Terms and Conditions
1. Scope of Application
- These general terms and conditions of sale and delivery (hereinafter “Conditions”) apply to all contractual relationships relating to the sale and delivery of first and second hand products of Duvoisin Guitars S.A. (hereinafter “DGSA”) to its customers (hereinafter “Customer”), regardless of whether this is a single transaction (via phone, e-mail or online shop) or a series of transactions based on a framework agreement between DGSA and the Customer. Any general terms and conditions of the customer are valid only if they have been specifically accepted in writing by DGSA.
- All accepted orders are performed on the basis of these conditions. Differing agreements must be made in writing and apply only on the transaction for which they have been agreed.
2. Contractual Relationship
- Online Store:
The Customer enters in a contract with DGSA when he confirms his order. The contract is valid as soon as the order is accepted by DGSA. The automatic order confirmation from the electronic ordering system is not to be confused with the explicit acceptance of the order by a member of the DGSA staff on the Customer’s e-mail. DGSA may refuse an order without reason.
- Custom orders:
The Customer enters in a contract with DGSA when an agreement is reached on the framework required. A written confirmation, by invoice, letter or e-mail is then sent to the Customer validating the contract. Further amendments are possible only when confirmed in writing by DGSA.
- All prices at DGSA include the legal Swiss VAT. For delivery outside of Switzerland, the Swiss VAT will be deducted.
- When ordering by mail or telephone the delivery of the goods usually takes place after successful payment.
- c. For custom product orders, we will inform you about the conditions when we confirm your order by phone and e-mail.
- The delivered goods remain the property of DGSA. until full payment of the purchase price. In the case of second hand goods, the same rule applies in favour of the seller of the product.
- Insofar as a discount has been agreed, this shall relate in every case solely to the net value exclusive of VAT.
- In the event of failure to comply with the agreed payment date, the Customer shall be deemed to be in default without any reminder of DGSA from the due date and shall be required to pay interest at the rate of 8% per annum plus a flat-rate administrative charge for each case of default. DGSA reserves the right to enforce further claims for damage.
- If the Customer is in default, DGSA is entitled to retain at any time orders which have already been executed and confirmed by DGSA until all the due payments have been settled by the Customer.
- The invoice will be issued and sent (by e-mail or mail) to the customer before the expedition of his purchase. A copy of the invoice will be sent with the purchase and a third copy kept in our premises.
- For custom ordered instruments, the invoice will be sent by e-mail or mail to the customer, in the form of a pro-forma invoice as soon as specifications and price have been agreed upon. A copy of the invoice will be sent with the purchase and a third copy will be held in our premises.
- As amendments are often wished by the customer during the construction of a custom-made instrument, a new updated pro forma invoice will be issued and sent to the customer by e-mail or mail each time, thus replacing the last. The final invoice will be sent before shipping and with the purchase; a third copy will be held in our premises.
- For custom orders, it is very important to take notice of the fact that the first pro forma invoice sent to the customer is the trigger to our return policy deadline. Subsequent pro forma invoices, triggered by amendment demands from the customer do NOT extend nor reactivate the return policy deadline.
- DGSA insures the products ordered by the Customer are dispatched to the designated address domestic or international. Domestic Deliveries are handled by the Swiss Post. The package will be registered when the value of its content exceeds two hundred Swiss francs. For international deliveries, DGSA uses the services of DHL or the Swiss Post and its partners for small packages. DGSA reserves the right to choose a different delivery method in individual cases.
- Shipping prices are calculated automatically based on weight and volume of products, for domestic deliveries. International delivery options must be discussed via phone or e-mail between DGSA and the Customer, unless such an option is available in the online store. Our reference is the tariffs applied by the Swiss post in domestic and international shipping. Those can be calculated on www.post.ch.
- Referring to Art. 185, paragraph. 2, of the Swiss Code of Obligations, DGSA states, that the benefit and risk for the ordered goods are transferred to the Customer when the package is handed over to the delivery provider.
- Delivery dates apply subject to unforeseen events. Domestic deliveries dates will not exceed 4 days, whereas international deliveries can take up to 9 days in Europe and the USA. However, DGSA excludes in full all possible claims by the Customer based on late delivery (in particular claims for compensation).
- If dispatch is delayed for reasons for which the Customer is responsible or if the Customer declines acceptance, DGSA reserves the right to store deliveries for the account and at the risk of the Customer on its own premises or with third parties.
- Returns for which DGSA was not responsible will be charged to the Customer.
7. Warranty and Liability
- DGSA guarantees the characteristics stipulated in the agreed product specification. All further guarantees extending beyond the contractual specification is excluded.
- The Customer must verify the delivery immediately after it has been received. Complaints must be made in writing, before processing and no later than within five workdays of receipt of the goods with a detailed description of the defects. In the event of hidden defects, the complaint must be made in writing, immediately after such defects are discovered, but no later than three months after receipt of the goods, with a detailed description of the defects. If the complaint is not made in a timely manner, in the correct form or is not adequately specified, no rights under warranty exist. In the event of a warranty claim, DGSA is at liberty to make repairs or replacement deliveries. Claims of the Customer for potential damage, either direct or indirect, for rescission or for reduction of the purchase price are excluded. If DGSA is unable to make a subsequent delivery or if this has been declined by DGSA, the purchase price for the defective part of the delivery will be refunded. Complaints do not release the Customer from the obligation to comply with these Conditions.
- Save for the warranty provided by DGSA pursuant to the above sections 7a and 7b, all liability arising out of, or in connection with, the contractual relationship between DGSA and the Customer is excluded in full to the extent permitted by law.
8. Return Policy
- Standard Instruments can be returned by the customer up to 14 days upon receipt without explicit reason. Shipping costs will be charged to the customer. Damages incurred after reception and verification of the goods will also be charged to the customer, as long as they are repairable. If damages are beyond repair, the price of the whole item will be charged to the customer on top of shipping costs.
- Super- and Fat Standard instruments can be returned by the customer up to 14 days upon receipt, only if the instrument is purchased from the existing stock for sale. In that case the rules of art. 8 a apply. If the instrument is the object of a custom order, by e-mail, by phone or by contract at our premises, the sale is deemed done as soon as the specifications and price of the instrument have been agreed upon. The customer still has 14 days from this point on to rescind the agreement, this even if the actual delivery of the custom ordered instrument happens after this period. For all claims upon delivery of such an instrument, rules of art. 7 a and b apply.
- Custom Instruments are generally build to measure, and thus will be defined precisely before delivery. After the specifications and price of the instrument have been agreed upon, the customer has 14 days to rescind the latter. Upon delivery of the instrument, rules of art. 7 a and b apply. If the instrument is purchased from the existing stock, rules of art. 8 a apply.
- Second hand shop Items can be returned by the customer within 14 days upon receipt, without explicit reason. Shipping costs will be charged to the customer. Rules of art. 8 a apply.
9. Intellectual Property Rights/Confidentiality
- All intellectual property rights (copyright, trademarks, patent rights etc.) on or in connection with the products delivered remain vested in DGSA.
- All documents (including offers) and notes handed over by DGSA to the customer together with the products delivered, or otherwise made available to the Customer in any form whatsoever, must be treated in strict confidence by the Customer and may not be disclosed in any way to third parties without prior written consent of DGSA.
- a. DGSA processes personal data of customers in strict compliance with the applicable data protection law. All information is strictly confidential and not disclosed to third parties. The data will be used exclusively for the execution of contracts, as well as for internal statistical purposes. If the Customer requires to see his data or to have it deleted, it can be done by contacting firstname.lastname@example.org.
11. Reservation of Ownership
- The delivered goods remain property of DGSA until such time as the Customer has fully performed all its obligations. DGSA is entitled to make use of this reservation of ownership without intervention of the courts by collecting the goods from the Customer at any time.
12. Further Provisions
- Amendments and additions to these Conditions are valid only if they are made in writing. This applies likewise to any waiver of the requirement of the written form.
- Contracts between DGSA and the Customer and individual rights and obligations resulting there from may only be transferred with the consent of the other contracting party.
- Save where otherwise agreed in writing, the place of performance for all contractually stipulated deliveries and services is the registered office of DGSA.
- If one or more provisions of these Conditions is/are or become wholly or partially invalid, the remaining provisions shall continue to apply. The contracting parties will agree upon alternative provisions which approximate as closely as possible to the intended content of the invalid provisions.
- All contracts shall be governed solely by Swiss law to the exclusion of the conflict of law rules set forth in Swiss international private law and to the exclusion of all international conventions, in particular to the exclusion of Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). The ordinary courts of the Canton of Neuchâtel shall have jurisdiction over any disputes arising out of, or in connection with, orders and deliveries of products of DGSA. DGSA reserves the right to take proceedings against the Customer at his registered office or place of residence.
Duvoisin Guitars S.A., 30.12.2014