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.
4.1. 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
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
Tel: +41 34 422 00 22
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 email@example.com 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.