General Terms and Conditions

1 Scope of application

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal matters of The Beauty of Sound GmbH (hereinafter referred to as TBOS) on the website www.thebeautyofsound.com.

We have the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall apply, which cannot be changed for individual orders. We do not recognize any terms and conditions that conflict with or deviate from these GTC.

The offer of products and services on www.thebeautyofsound.com is aimed exclusively at customers with a delivery address in one of the countries specified as a selection in the checkout. These are in particular Switzerland, Liechtenstein, Germany and Austria

The offer is valid while stocks last. The soundboard is currently only produced after the order has been placed.

Orders in quantities not customary for households may be rejected without justification. For such an order you can contact us at info(at)thebeautyofsound.com.

2 Purchase contract, payment and delivery

2.1 Products and prices

All sales prices published on the TBOS website are final prices including VAT. We may change the prices of the products and services offered at any time. The price on the TBOS website at the time of the order is decisive for the conclusion of the purchase contract.

Any additional services ordered from us that are subject to a charge will be listed separately.

2.2 Availability and delivery time 

TBOS endeavors to deliver on time. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time. As a rule, the delivery time for our soundbar is approx. 12 weeks.

2.3 Conclusion of the purchase contract

The products and prices on the TBOS website are deemed to be an offer. However, this offer is always subject to the condition that the contract is terminated if delivery is not possible or if the price is incorrect.

After you have placed an order on the TBOS website, by e-mail or by telephone, you will receive an automatically generated order confirmation by e-mail. The receipt of the automatically generated order confirmation does not contain an actual delivery commitment and does not constitute the conclusion of a contract. It merely shows you that the order you have placed has been received by TBOS.

TBOS will then send you an invoice after checking that delivery is possible and the price is correct. TBOS will inform you of the expected delivery date with the invoice. Once you have paid the invoice in full, the purchase contract is deemed to have been concluded.

2.4 Modification of the order or cancellation

Once the purchase contract has been concluded, you are obliged to accept the products and services. TBOS may, at its own discretion, accept subsequent changes or cancelations of orders by you and charge compensation of 20% of the canceled order value, but at least CHF 100, as well as any loss in value of the canceled products since they were ordered.

If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract, you will be informed immediately by e-mail. Payments already made for goods that cannot be delivered will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed delivery or non-delivery are excluded.

2.5 Payment

All claims for payment for products and services purchased via the TBOS homepage are made directly to you.

Payments must be made in Swiss francs.

The payment method prepayment - bank transfer is currently available to you

You are obliged to pay the invoice amount within 20 calendar days of invoicing without any (cash discount) deductions. The contract is concluded and the soundbar is only produced on or after receipt of payment. Delivery takes place approx. 6-8 weeks after receipt of payment.

If payment has not been made after the 20th day from the order date, the order will be canceled accordingly and the customer will be informed of this cancellation. 

2.6 Retention of title

Ordered products shall remain the property of TBOS until delivery by TBOS. Prior to the transfer of ownership, pledging or transfer by way of security is not permitted without the express consent of TBOS.

2.7 Delivery date

Customers will be given an estimated delivery date with the invoice or they will be contacted and an individual delivery date agreed.

If TBOS is in default of delivery, you shall be entitled to withdraw from the contract from the 30th calendar day since the originally announced delivery date plus the period until your payment. In this case, TBOS shall refund any amounts already paid in advance. There shall be no further claims against TBOS.

2.8 Delivery

For TBOS products and services, various delivery and, where applicable, collection options are available to you, which are displayed on the TBOS website during the purchase process.

Your delivery address must be in the countries specified on the TBOS website and be easily accessible by truck. If this is not the case, you will be responsible for any additional costs.

In the case of "delivery by forwarding agent", you are responsible for ensuring that access to the delivery address is possible and guaranteed. Delivery is usually made to the kerbside. If the product cannot be transported to the delivery address, you will be responsible for any additional costs.

If you do not accept the ordered products on the agreed or indicated delivery date, TBOS may terminate (cancel) the contract and charge you for the delivery costs incurred and any loss of value or storage costs until the final delivery.

In the event of collection, you are obliged to actually collect the goods up to a maximum of 30 days after the indicated first day of collection. Thereafter, TBOS has the right to cancel the purchase contract. You shall bear the costs for deliveries to the collection location.

2.9 Duty to inspect

You are obliged to check delivered or collected products immediately for correctness, completeness and delivery damage.

In the case of deliveries by a forwarding agent, any delivery damage must be noted on the delivery bill.

Delivery damage or faulty or incomplete deliveries must be reported to TBOS within 5 calendar days from the time of collection or delivery. You may not put such a product into operation but must keep it in the original packaging as received and follow the instructions of TBOS.

3 Warranty

3.1 Basic provisions

The guarantee granted by TBOS shall run for two years from the time of delivery or collection. The warranty covers the freedom from defects and functionality of the ordered product. The warranty period shall continue irrespective of the provision of warranty services. TBOS may choose to extend the warranty by

  • Free repair (original warranty period continues);
  • partial or complete replacement with an equivalent used/repaired product. (The replacement product is guaranteed for 12 months, provided the replacement is made in the second year of use. Otherwise, the warranty period for the replaced device runs until the end of the warranty period); 
  • Replacement with a new product by TBOS (the warranty for the replacement device is 2 years);
  • Credit note at the current price (maximum the sales price at the time of the order);
  • or by reduction

provide.

Wearing parts such as batteries, rechargeable batteries, power cables, adapters, lamps and software problems are excluded from the warranty. In all other respects, the exclusions of liability in accordance with section 4 apply.

TBOS may, at its own discretion, provide you with a replacement device / exchange device during the examination of the warranty claim (exchange subject to reservation). This is subject to the (suspensive) condition that a warranty claim actually exists. The transfer of ownership to you shall only take place with a positive warranty commitment by TBOS. If a warranty claim is rejected, you can purchase the replacement device at the value of the goods at the time of delivery, or you must return it at your own expense.

All further and in particular the statutory warranty provisions are excluded.

4 Liability and exclusion of liability

Liability shall be governed by the applicable statutory provisions. TBOS shall in no case be liable for

  • slight negligence, 
  • indirect or consequential damages or for loss of profit,
  • unrealized savings, 
  • Damages from delayed delivery
  • any acts and omissions of TBOS's auxiliary persons, whether contractual or non-contractual.

Furthermore, TBOS rejects liability in the following cases:

  • improper, non-contractual or unlawful storage, adjustment or use of the products;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • failure to maintain and/or improper modification or repair of the products by you or a third party;
  • force majeure, in particular damage caused by the elements, moisture, falling and impact, etc., for which TBOS is not responsible
  • official orders.

5 Return of faultless goods

As listed in the withdrawal policy, TBOS grants the right to return the ordered products within a maximum of 14 calendar days.

The customer must register the return of the products and send them back in accordance with the instructions received. The products must be properly packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.

If you make use of your right of withdrawal, TBOS will refund the entire purchase price and the delivery costs incurred. The costs for the return shipment shall be borne in full by you.

6 Repair outside the warranty

The costs for a repair outside of the warranty shall be borne by the customer. TBOS reserves the right to charge you for the costs of checking the claimed defect and the shipping costs for devices that do not have any detectable faults or where the defect is not covered by the warranty.

7 Further provisions

7.1 Returns without a clear sender

Returns that cannot be assigned to a customer or cannot be returned to a customer are kept for six months and then disposed of. Please make sure that we can identify your returns accurately.

7.2 Uncollected or undeliverable warranty goods

If goods associated with the provision of the warranty are not collected within six months of the collection request being sent to you or if the goods cannot be returned to you, TBOS shall be entitled to dispose of the goods, in particular to dispose of them.

8 Privacy

The privacy policy applies to the processing of personal data by TBOS.

9 Severability clause

Should individual provisions of these General Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions and these General Terms and Conditions as a whole.

10 Place of jurisdiction and applicable law

The legal relationship between TBOS and you is subject to substantive Swiss law.

The place of jurisdiction is Lucerne.

Lucerne in May 2022