General terms and conditions

1 Scope of application

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

We have the right to change these GTC at any time. The version of these GTC in force at the time of the order shall apply and cannot be changed for individual orders. We do not recognise 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 manufactured after the order has been placed.

Orders in non-household quantities may be refused without justification. For such an order, please feel free to 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 represent 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 for which a charge is made will be listed separately accordingly.

2.2 Availability and delivery time 

TBOS makes every effort to deliver on time. However, due to production or delivery bottlenecks in particular, delays in delivery may occur. All information on availability and delivery time is therefore without guarantee and may change at any time. For our Soundbar, the delivery time is usually 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 dissolved if delivery is not possible or 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 receipt confirmation by e-mail. The receipt of the automatically generated order confirmation does not contain an actual delivery commitment and does not represent the conclusion of a contract. It merely indicates to you that the submitted order has been received by TBOS.

After checking the delivery possibility and correct price information, TBOS will then send you an invoice. TBOS will inform you of the expected delivery date with the invoice. After you have paid the invoice in full, the purchase contract is considered concluded.

2.4 Change of order or cancellation

Once the purchase contract has been concluded, you are obliged to accept the products and services. Subsequent changes or cancellations of orders by you may be accepted by TBOS at its sole discretion and TBOS may charge compensation of 20% of the cancelled order value, but not less than CHF 100, as well as the loss in value of the cancelled products since their order, if applicable.

If a (partial) delivery impossibility (resolving 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 will 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 of products and services purchased via the TBOS homepage will be made by TBOS directly to you.

Payments must be made in Swiss francs.

At present, the payment method prepayment - bank transfer is available to you.

You are obliged to pay the invoice amount within 20 calendar days after invoicing without any (discount) deduction. The contract is concluded and the soundbar is produced only 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 cancelled accordingly and the customer informed of this cancellation. 

2.6 Retention of title

Ordered products remain the property of TBOS until delivery by TBOS. Before the transfer of ownership, a pledge or transfer of ownership by way of security is not permitted without the express consent of TBOS.

2.7 Delivery date

With the invoice, the clientele will be informed of an expected delivery date or you will be contacted and an individual delivery date will be agreed.

If TBOS is in default of delivery, you have the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date plus the duration until your payment. In this case TBOS will refund any amounts already paid in advance. There are no further claims against TBOS.

2.8 Delivery

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

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

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

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

2.9 Duty to inspect

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

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

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

3 Warranty

3.1 Basic provisions

The guarantee granted by TBOS runs 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 continues regardless of the provision of warranty services. TBOS can optionally extend the warranty by

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

produce.

Wear 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 pursuant to section 4 shall apply.

TBOS can provide you with a replacement device / exchange device at its own discretion 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 will only take place with a positive granting of warranty by TBOS. If a warranty claim is rejected, you can purchase the replacement device at the value of the goods at the time of handover, or you must return it at your own expense.

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

4 Liability and exclusion of liability

Liability is 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,
• unrealised savings, 
• Damages from delay in delivery
• any acts and omissions of the auxiliary persons of TBOS, whether contractual or non-contractual.

Furthermore, TBOS declines 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 natural hazards, moisture, falls and impacts, etc., for which TBOS is not responsible.
• official directives.

5 Return of goods free of defects

As listed in the cancellation 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 return them 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 exercise 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 by you in full.

6 Repair outside the warranty

The costs for a repair outside the warranty shall be borne by the customer. In the case of devices that do not have any detectable defects or where the defect is not covered by the warranty, TBOS reserves the right to charge you for the costs of examining the claimed defect as well as the shipping costs.

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 ensure that we can accurately identify your returns.

7.2 Uncollected or undeliverable guarantee goods

If goods related to the provision of warranty are not collected within six months from the date of sending the collection request 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 Data protection

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

9 Severability clause

Should individual provisions of these GTC 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 governed by Swiss substantive law.

The place of jurisdiction is Lucerne.

Lucerne in May 2022