General terms and conditions
1. scope of application and applicability
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contractual relationships between Blashaus Martin Suter and its Online Shop (hereinafter "DAS BLASHAUS") and its customers.
1.2 The term "Customer" includes any natural or legal person who has a business relationship with DAS BLASHAUS.
1.3 By signing the order confirmation, the customer certifies that he has received, read and approved the GTC. The customer declares his unconditional agreement with the GTC, which thereby become an integral part of the contract.
1.4 DAS BLASHAUS expressly reserves the right to amend the GTC at any time and without prior information of the Customer. The GTC available on the website at the time of the conclusion of the contract shall apply.
2. written form
2.1 Deviations from the GTC must be made in writing. The Customer's GTC that conflict with these GTC shall only be valid if DAS BLASHAUS has expressly agreed to them in writing.
2.2 Amendments or additions to contracts between DAS BLASHAUS and the Customer shall be valid only if made in writing. Electronic communications shall be deemed equivalent to the written form.
3. information on the website
3.1 The DAS BLASHAUS online shop contains information about products and services. We reserve the right to make price and product range changes as well as technical changes.
3.2 All information (namely product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships, etc.) are to be understood as guidelines and in particular do not represent any assurance of properties or guarantees. It goes without saying that the DAS BLASHAUS online shop nevertheless endeavours to provide correct, complete, up-to-date and clear information.
4 Offer and conclusion of contract
4.1 The offers are based exclusively on the availability of the corresponding products and are not to be understood as binding offers.
4.2 DAS BLASHAUS does not guarantee the effective availability of the products listed in the online shop at the time of the order. All information on availability and delivery times is without guarantee and may be changed by DAS BLASHAUS at any time without notice.
4.3 By placing an order via this website and accepting the GTC, the customer enters into a legally binding purchase for him, which is confirmed with the automatic order confirmation.
4.4 Ordered and available goods will only be delivered after receipt of payment in full. If it turns out after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, DAS BLASHAUS is authorised to withdraw from the entire contract or from a part of the contract at its discretion and without informing the Customer in advance. Payments already received shall be refunded. Under no circumstances shall DAS BLASHAUS be obliged to make replacement deliveries in the event of termination of the contract due to non-availability.
5. prices and shipping costs
5.1 All prices are quoted in Swiss francs and include the statutory value added tax as well as any prepaid recycling fees. The prices quoted do not include consulting or support services.
5.2 Technical changes, errors and printing errors are expressly reserved. Prices may be changed unilaterally, at any time and without prior notice.
5.3 Shipping costs will be invoiced additionally and are to be paid by the customer. The shipping costs are shown transparently in the order process.
Shipping is via "Die Post" for Switzerland or via FedEx for EU countries. (shipments trackable)
-domestic parcel registered mail 1-2 working days: CHF 8.50
-EU package FedEx Economy, 2-3 working days: CHF 15
-EU package FedEx Priority, 1-2 working days: CHF 22
6. payment options
6.1 The Customer may use the payment options specified in the order process (bank transfer, credit card, PayPal, PostFinance). DAS BLASHAUS GmbH expressly reserves the right to exclude customers from individual payment options without giving reasons.
6.2 After expiry of the payment period shown on the invoice, the entire invoiced claim shall fall due and default shall occur without reminder.
6.3 In the event of default in payment, DAS BLASHAUS expressly reserves the right to commission a collection agency or a lawyer and to assign the claim. The costs incurred shall be paid by the Customer.
6.4 DAS BLASHAUS is entitled to charge interest on arrears of 7% and reminder fees of CHF 20.00 per reminder.
7 Shipping, duty to inspect, notice of defects and return shipment
7.1 Deliveries will be sent by post or courier to the address specified by the customer in the order. Invoicing shall take place by email or by post. The transfer of benefit and risk is governed by the statutory provision of Art. 185 OR.
7.2 If the delivery cannot be delivered or if the Customer refuses to accept it, DAS BLASHAUS may terminate the contract by setting a reasonable grace period and charge the costs for compensation.
7.3 The Customer undertakes to inspect the delivered goods immediately upon receipt and to notify DAS BLASHAUS of any defects without delay. If the goods are damaged despite suitable and protected packaging, this must be reported to the post office within 7 days of receipt. Swiss Post's liability is governed by the provisions of the Swiss Code of Obligations on the contract of carriage. Swiss Post is liable up to the amount of the proven damage, excluding VAT. Please refer to the General Terms and Conditions of Swiss Post.
7.4 Items that you have purchased from us online can be exchanged within 14 days at one of our shops against a receipt. Return by post within 14 days. Postage is paid by the customer. DAS BLASHAUS GmbH - Güterstrasse 1 - CH-6005 Lucerne
Only jewellery in its original packaging and not worn will be taken back. Custom-made items cannot be returned.
7.5 If the inspection by DAS BLASHAUS shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, all costs for the effort, the return and any disposal will be charged to the Customer.
8. right of withdrawal
8.1 The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation by email (firstname.lastname@example.org) or letter (DAS BLASHAUS GmbH, Güterstrasse 1., 6005 Lucerne) within the deadline.
8.2 Exercising the right of withdrawal will result in the contract being reversed. The Customer must return the goods within 14 days of receipt in their original packaging, complete and together with the delivery note to DAS BLASHAUS (DAS BLASHAUS GmbH, Güterstrasse 1, 6005 Lucerne). All returns shall be made for the account and at the risk of the customer. Payments already made will be refunded to the Customer within 20 calendar days of receipt of the goods by DAS BLASHAUS. DAS BLASHAUS reserves the right to deduct any loss in value caused by damage, wear and tear and the like from the purchase price already paid or to invoice the Customer separately.
8.3 The right of withdrawal is excluded in particular:
(i) Where the contract has an element of chance, namely where the price is subject to fluctuations over which the supplier has no control.
(ii) If the subject matter of the contract is a movable item which, by reason of its nature, is not suitable for return or is liable to deteriorate quickly.
(iii) If the subject matter of the contract is a movable item that has been made to the consumer's specifications or clearly tailored to personal needs.
(iv) where the contract concerns a service which has already been provided before the expiry of the withdrawal period or where the supplier undertook, when the contract was concluded, to provide the service at a specified time or within a specified period.
9.1 Irrespective of the legal grounds, DAS BLASHAUS excludes any liability for damage caused by it and its auxiliary persons and vicarious agents. The exclusion also includes gross negligence.
9.2 DAS BLASHAUS shall in particular not be liable for indirect damage, consequential damage, loss of profit or other personal injury, property damage and pure financial loss of the Customer.
9.3 DAS BLASHAUS uses hyperlinks only for the Customer's simplified access to other web offers. DAS BLASHAUS can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of this website.
10.1 DAS BLASHAUS always delivers goods of perfect quality. In the event of defects notified in good time, DAS BLASHAUS shall guarantee that the item purchased by the Customer is free of defects during the statutory warranty period. It is at the discretion of DAS BLASHAUS to provide the warranty by means of free repair, replacement of equal value or refund of the purchase price. Further claims are excluded.
10.2 The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances and force majeure. The warranty for consumables and wear parts is also excluded.
10.3 DAS BLASHAUS makes no representations or warranties as to the timeliness, completeness or accuracy of the data or the continuous and uninterrupted availability of the Website, its functionalities, integrated hyperlinks and other content. In particular, no representation or warranty is made that the use of the website will not infringe the rights of third parties not owned by DAS BLASHAUS.
11. data protection
11.1 DAS BLASHAUS may process and use the data recorded in the course of the conclusion of the Contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of the service may be passed on to commissioned service partners (e.g. logistics parters) or other third parties.
11.2 Die weiteren Datenschutzbestimmungen sind unter folgendem Link abrufbar: https://blashaus.ch/datenschutz/
12. legal notice
The content of the website is protected by copyright. Its content may only be distributed, published or reused, even in modified form, with the written consent of DAS BLASHAUS.
13 Applicable law and place of jurisdiction
13.1 The General Terms and Conditions as well as all contractual agreements of DAS BLASHAUS shall be governed by Swiss law, excluding the conflict of laws rules of private international law and the Vienna Convention on the International Sale of Goods.
13.2 Regardless of the legal basis, the exclusive place of jurisdiction for all legal disputes shall be Lucerne.
14 Severability clause
Should individual or several provisions of the GTC be or become invalid or void in whole or in part, the validity of the remaining provisions of the GTC shall not be affected.
BLASHAUS guarantee - quality guaranteed
We grant a guarantee of 2 years on new instruments, liquidations and demonstration models. Used instruments are sold with a 6-month guarantee. For all other products, please refer to the respective warranty period.
When you buy a new woodwind instrument, you also benefit from our free adjustment service for the first year.