Terms and Conditions

§ 1 – Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded by customers via the online shop https://www.musotec.ch operated by MusoTec Switzerland (hereinafter referred to as the "Seller"). Customers include both private individuals and businesses with residence or registered office in Switzerland or Liechtenstein. Deliveries and services are provided exclusively to addresses in Switzerland or the Principality of Liechtenstein.

1.2 Deviating terms and conditions of the customer shall apply only if they have been agreed in writing or explicitly confirmed in writing by the Seller.

1.3 Individual agreements with the customer – for example by email or telephone – take precedence over these GTC, provided they have been confirmed in writing by the Seller.

1.4 By submitting a contractual offer (hereinafter referred to as the "order"), the customer acknowledges these GTC as binding and undertakes not to take any actions contrary to their provisions.

1.5 In addition to these GTC, the legal texts published on the website shall apply, in particular the terms and conditions regarding guarantee, shipping, returns, and the privacy policy. These texts are permanently accessible via the footer of the online shop and – where relevant – are considered an integral and binding part of the contractual relationship.

1.6 Swiss law shall apply exclusively.

§ 2 – Conclusion of Contract

2.1 The products and services presented on the respective product pages of the online shop – including supplementary information such as availability, delivery times, shipping costs, or other parameters – do not constitute a binding offer by the Seller. They are merely an invitation to the customer to submit a binding contractual offer (hereinafter referred to as the "order").

2.2 A contract is concluded as soon as the Seller:
– confirms the order by email (order confirmation),
– prepares the ordered goods for shipment, or
– requests payment from the customer – whichever occurs first.

2.3 The Seller reserves the right to reject orders in whole or in part without providing reasons. In such cases, the customer will be informed immediately and any payments already made will be refunded within a reasonable period.

2.4 The customer is obligated to provide complete and accurate personal information when placing an order, especially regarding the email address for receipt of the order confirmation. The Seller is not liable for contractual delays, issues, or non-delivery due to incorrect or incomplete customer information.

2.5 In such cases, the verifiable and proper dispatch of the order confirmation by the Seller is considered sufficient and legally effective in accordance with Articles 3 et seq. of the Swiss Code of Obligations (OR).

2.6 The customer may submit an order via the integrated order form in the online shop. After selecting the desired products or services and entering the necessary personal data, clicking the order button ("Buy Now" or similarly labeled) constitutes a binding order for the items in the shopping cart.

2.7 After placing the order, the customer receives an automated order confirmation by email. This automatically generated email does not constitute acceptance of the contract but merely documents receipt of the order by the Seller.

2.8 The Seller is entitled to accept or reject an order within a maximum of five (5) business days from receipt (hereinafter referred to as the "acceptance period"). During this period, the customer remains bound by their contractual offer. Acceptance takes place through explicit confirmation, dispatch of the goods, or a payment request.

2.9 If a payment method with immediate charge (e.g. credit card, PayPal, TWINT, or similar) is selected, the payment alone does not constitute acceptance of the order. The Seller reserves the right to review and possibly reject the order within the acceptance period. In such cases, any payments already made will be refunded within a reasonable period.

2.10 Prior to submitting the binding order, the customer may continuously correct their entries using standard keyboard and mouse functions. All entries are also displayed again in an order overview (checkout area), where corrections can be made before submitting the order.

2.11 The contract text is stored by the Seller. After placing the order, the customer receives an automated order confirmation by email, including a link to the currently valid GTC and other applicable legal texts (e.g. guarantee, shipping, and privacy policies). These documents are permanently accessible on the Seller’s website.

2.12 The contract and its fulfillment are exclusively governed by the German language. Translations serve informational purposes only and are not legally binding.

2.13 Order processing and further communication with the customer generally occur via email and automated processes. The customer must ensure that the email address provided when placing the order is correct and that emails from the Seller are not blocked by spam filters.

2.14 The Seller reserves the right to cancel or modify orders that are based on obviously erroneous information in the online shop – especially errors in pricing, availability, or product descriptions resulting from technical or editorial mistakes.

2.15 The Seller reserves the right to limit orders to quantities suitable for household use and to reject orders if there is concrete evidence of commercial resale by the customer.

§ 3 – Prices and Payment Conditions

3.1 The prices listed in the Seller's online shop are in Swiss francs (CHF) and include the legally applicable VAT and all other price components. Any additional shipping and delivery costs are shown separately in the respective product descriptions and during the checkout process.

3.2 Various payment methods are available to the customer in the online shop. These are displayed during the ordering process and may include the following options:

• Prepayment (e.g. via QR invoice)

• TWINT

• Credit cards (Visa, MasterCard, Maestro)

• Apple Pay, Google Pay

• Invoice or installment purchase via PowerPay

• PostFinance Card, PostFinance E-Finance, PostFinance Pay

3.3 If prepayment is selected, the invoice amount is due immediately upon conclusion of the contract.

3.4 When selecting the "purchase on account" payment method, the invoice amount must be paid within fourteen (14) days of receiving the invoice without deduction, unless otherwise agreed. The Seller reserves the right to conduct a credit check and may reject this payment method if the result is negative.

3.5 If selecting the "PowerPay invoice" payment method, payment processing is carried out by MF Group AG, Kornhausstrasse 25, 9001 St. Gallen, Switzerland. The applicable GTC of MF Group apply, available at:
https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_en.pdf

3.6 When choosing "PayPal Invoice", payment is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A. If the credit check is positive, payment must be made directly to PayPal within 30 days.

3.7 When selecting "PayPal", the payment process follows the terms of PayPal (Europe) S.à r.l. et Cie, S.C.A., available at:
https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=en_CH

3.8 For the "SOFORT" payment method, payment is processed via SOFORT GmbH (Klarna Group). More information at:
https://www.klarna.com/sofort/

3.9 If using the "PostFinance Checkout" payment service, processing is handled by PostFinance AG, Bern. Applicable terms and third-party providers are displayed during checkout. More info:
https://www.postfinance.ch/en/business/products/receive-payments/online-shop/e-payment-flex.html

3.10 When selecting an external payment service provider, the respective provider’s terms and conditions also apply. The Seller remains the first point of contact for product, order, delivery, or return inquiries.

3.11 In the event of a chargeback (e.g. due to insufficient funds or unauthorized reversal), the customer shall bear all resulting costs if they are responsible for the chargeback.

3.12 The delivered goods remain the property of the Seller until full payment has been made (retention of title according to Art. 715 of the Swiss Civil Code). Resale, pledging, or transfer of ownership is not permitted before ownership is transferred.

3.13 For payment methods with immediate charge (e.g. TWINT, credit card, PayPal, or similar), the charge is made immediately upon order placement. This payment, however, does not yet constitute acceptance of the order. § 2.3 of these GTC applies accordingly.

3.14 Invoices are generally sent electronically via email. Customers are required to provide a valid email address and ensure receipt. There is no entitlement to postal delivery of the invoice. § 2.7 of these GTC applies additionally.

§ 4 – Delivery and Shipping Conditions

4.1 Delivery is made exclusively to addresses in Switzerland and the Principality of Liechtenstein. Shipping is carried out by specialized logistics partners, in particular Swiss Post, FedEx Switzerland, and for freight goods, SpediFux. The applicable delivery terms and shipping costs are part of these GTC and available at all times under:
https://www.musotec.ch/en/shipping-conditions

4.2 Delivery will be made to the address provided by the customer during the order process. The customer is obligated to provide accurate and complete address details. For certain payment methods (e.g. PayPal), delivery may be restricted to the address stored during payment for security reasons.

4.3 If delivery cannot be made due to reasons attributable to the customer (e.g. refusal to accept, incorrect or incomplete address, absence despite notification), and the goods are returned to the Seller, the customer bears the costs for the unsuccessful shipment and any potential reshipment.

4.4 The risk of accidental loss or deterioration of the goods transfers to the customer upon handover to the shipping company or carrier (in accordance with Art. 185 OR). This also applies in the case of free delivery.

4.5 The Seller reserves the right to ship individual products directly from an EU member state to the customer (e.g. via FedEx Switzerland) as part of international procurement. Customs clearance and legal import formalities are fully handled by the Seller. No additional costs or obligations arise for the customer.

4.6 Unless otherwise agreed, delivery abroad beyond Switzerland or Liechtenstein is not possible.

4.7 Delivery times specified in the online shop are non-binding. They are based on current inventory and typical shipping times. In exceptional cases, especially for direct imports from the EU, delivery may be delayed.

4.8 Delivery delays due to force majeure, official orders, supply shortages, or logistical disruptions (e.g. strikes, customs delays, transportation issues) entitle the Seller to a reasonable extension of the delivery period. The customer may withdraw from the contract only after a reasonable grace period (at least 14 days) has expired in writing. Further claims, especially for damages due to delay, are excluded unless the Seller acted intentionally or with gross negligence.

4.9 The Seller is entitled to make partial deliveries if reasonable for the customer. Any additional shipping costs incurred as a result shall be borne by the Seller. The overall delivery time does not automatically extend due to partial deliveries.

4.10 If "Self-Collection" is selected, the Seller will inform the customer by email as soon as the ordered goods are ready for pickup. Collection takes place by appointment at the Seller’s location. In this case, shipping costs are waived.

§ 5 – Warranty / Guarantee

5.1 The statutory liability for defects according to the provisions of the Swiss Code of Obligations (OR) applies, unless otherwise stipulated below.

5.2 If a defect exists in the delivered goods, the Seller is entitled to remedy the defect at their discretion either through repair (rectification) or replacement delivery of defect-free goods. The customer must grant a reasonable period for rectification.

5.3 Withdrawal from the contract (rescission) or a reduction of the purchase price is only permitted if two rectification attempts have failed or have been refused by the Seller.

5.4 The statutory obligations to inspect and notify defects pursuant to Art. 201 OR remain unaffected. Defects must be reported by the customer in writing within a reasonable period after discovery.

5.5 The statutory warranty does not apply in particular to:

• Batteries and rechargeable batteries, as they are consumables with limited lifespan,
• Other wear parts, such as cables, bulbs, mechanically stressed control elements,
• Damage due to improper use, moisture, overload, non-compliance with user instructions, mechanical impact or other external influences,
• Defects caused by unauthorized repairs or modifications by the customer or third parties.

5.6 The voluntary MusoTec 3-Year Guarantee applies in addition to the statutory warranty and is governed by the separately regulated guarantee terms. These are available at:
https://www.musotec.ch/en/3-years-mt-guarantee-conditions. By placing an order, the customer agrees to these terms.

5.7 For software products (e.g. download software, license keys, virtual instruments), no guarantee is given for flawless functionality, system compatibility, or compatibility with third-party software. Exchange or return after delivery or activation is excluded, except in legally mandatory cases.

5.8 For products with integrated software (e.g. synthesizers with firmware), the warranty covers the hardware and the basic functions of the pre-installed software. No liability is assumed for non-essential software errors, lack of compatibility with third-party software, or future systems.

5.9 There is no obligation to provide future software updates, drivers, or adjustments to new interfaces or operating systems. Use in the delivered state is considered contractually compliant.

§ 6 – Returns / MusoTec Return Policy

6.1 There is no statutory right of withdrawal or return under Swiss contract law. However, the Seller grants customers – on a voluntary basis – the option to return goods according to the separately regulated terms of the MusoTec Return Policy, available at:
https://www.musotec.ch/en/musotec-retoure-conditions

6.2 By placing an order, the customer expressly agrees to the MusoTec Return Policy terms. These are considered an integral part of the contract.

6.3 A return under the MusoTec Return Policy is only possible under the following conditions:

• The product is complete, undamaged, unused, and in its original packaging.
• The return request is made within 14 days of receipt of the goods.
• The return has been approved in advance by the Seller.
• The return is sent securely and properly packaged. Damages resulting from poor packaging are the customer’s responsibility.
• The reason for return must be stated truthfully.

6.4 The following items are excluded from the MusoTec Return Policy:

• Software licenses, software downloads, and ESD products (Electronic Software Delivery)
• DJI brand products, unless explicitly stated otherwise
• Freight or bulky goods (e.g., delivered via SpediFux)
• Custom-made items, slow-moving single items, or individually configured products
• Hygiene products or items not suitable for return for hygienic reasons
• Damaged, used, defective, or otherwise devalued goods
• Batteries and rechargeable batteries
• Products purchased via invoice or installment plans through PowerPay

6.5 Only one return request per item is allowed under the MusoTec Return Policy.

6.6 In the case of intentional or fraudulent returns (e.g., obviously damaged, tampered, or unusable items), the return will be sent back at the customer’s expense. Additionally, a processing fee of CHF 250 plus VAT will be charged. The item will only be returned after full prepayment of these costs.

6.7 Processing and inspection of an approved return may take up to 10 business days after the goods have been received.

6.8 The refund will generally be made via the original payment method, unless an alternative, reasonable method has been agreed upon.

6.9 In case of dispute, the customer must document the returned item's condition and proper packaging and shipping – e.g., with photos and tracking receipt – and provide proof upon request.

6.10 The Seller reserves the right to reject returns on a case-by-case basis, particularly in cases of abuse, contradictory behavior, or repeated returns without valid reason.

6.11 A respectful, objective, and fair approach is the basis for the voluntary MusoTec Return Policy. Returns may be denied if the tone, communication, or behavior of the customer is deemed inappropriate.

§ 7 – Data Protection

7.1 The protection of personal data is of high importance to the Seller. The collection, processing, and use of customer data is carried out exclusively in accordance with the legal provisions of the Swiss Federal Act on Data Protection (revDSG) and the Seller’s Privacy Policy, accessible at:
https://www.musotec.ch/en/privacy-policy

7.2 By placing an order, the customer agrees to the processing of their personal data to the extent described in the Privacy Policy.

7.3 Data is collected and processed in particular for the purposes of contract processing, delivery, payment processing, and customer communication. Data is only passed on to third parties to the extent necessary for contract fulfillment (e.g. shipping providers, payment service providers, warranty partners).

7.4 The customer has the right to access, rectify, restrict, block, or delete their stored personal data at any time – unless legal retention obligations prevent this.

7.5 Further information regarding the type, scope, purpose, and rights related to data processing can be found in the currently valid Privacy Policy of the Seller.

§ 8 – Data Protection (Additional)

8.1 By placing an order, the customer expressly agrees to the processing of their personal data in accordance with the Privacy Policy.

8.2 The full Privacy Policy is permanently accessible at:
https://www.musotec.ch/en/privacy-policy

§ 9 – Liability

9.1 The seller shall only be liable for damages caused by intentional or grossly negligent conduct. Liability for slight negligence is excluded to the extent permitted by law.

9.2 Liability for indirect damages, consequential damages, loss of profit, data loss, loss of use, production downtime, or pure financial losses is excluded, unless such damages were caused intentionally or by gross negligence on the part of the seller.

9.3 For breaches of obligations in connection with the delivery or use of e-vehicles (e.g., e-choppers), the seller shall not be liable for damages resulting from improper use, tampering, failure to comply with legal regulations (e.g., road approval), or violations of traffic rules by the customer.

9.4 For software products and digital content, especially downloads, virtual instruments, or licensed products, the seller assumes no liability for flawless functionality, compatibility with operating systems or third-party software, nor for any resulting data loss or system errors.

9.5 The seller shall not be liable for disruptions or interruptions in the accessibility of the online shop, system failures, delays, or transmission errors, provided these are due to technical problems caused by third parties or force majeure.

9.6 The seller accepts no responsibility for the content or services of third parties, especially in cases of links to external websites. At the time of linking, these were reviewed for legal compliance.

9.7 In the event of delivery delays, the seller shall not be liable for damages resulting from the delay unless these were caused intentionally or by gross negligence by the seller.

9.8 Mandatory statutory liability provisions remain unaffected. In particular, the seller is fully liable:

• for damages resulting from injury to life, body, or health;
• for claims under the Product Liability Act (PrHG);
• and for legally non-waivable warranty rights.

§ 10 – Liability (Additional)

10.1 The seller shall be liable for damages resulting from intentional or grossly negligent breach of duty without limitation in accordance with statutory provisions.

10.2 In the case of slightly negligent breaches of essential contractual obligations (cardinal duties), the seller's liability is limited to typical, foreseeable damages. Liability for loss of profit, indirect damages, data loss, or consequential harm caused by a defect is excluded.

10.3 Liability for auxiliary persons within the meaning of Art. 101 of the Swiss Code of Obligations (OR) is – to the extent legally permissible – completely excluded.

10.4 No guarantee is given for the accuracy of information provided in the online shop (e.g., product descriptions, pricing, availability), particularly if such information is obviously incorrect or outdated. Changes are expressly reserved at any time.

10.5 Liability is excluded in the case of force majeure, official orders, supply failures by suppliers, or operational disruptions.

§ 11 – Copyright / Usage Rights

11.1 All content on the MusoTec Switzerland online shop – including texts, images, graphics, audio and video files, product descriptions, technical data sheets, and other digital materials – is protected by Swiss copyright law and, where applicable, other intellectual property rights (e.g., design, trademark, or competition law). Any use of this content without the seller’s prior express consent is prohibited.

11.2 Reproduction, editing, distribution, public display, or other use of this content – whether for private or commercial purposes – is not permitted without the written consent of the rights holder. This includes reprinting texts, using images in other online shops, or integrating content into other digital or print publications.

11.3 Software products, digital content, or license keys purchased through the online shop may only be used in accordance with the accompanying license terms. Any distribution, reproduction, or commercial use without the express permission of the manufacturer or licensor is prohibited.

11.4 Infringements of copyright or license rights may result in civil and criminal prosecution. The seller reserves the right to claim damages for proven violations.

11.5 The seller reserves the right to equip digital products with technical protection measures (e.g., activation codes, serial numbers, or DRM systems) to prevent unauthorized use, reproduction, or distribution. Circumventing or manipulating such protections is prohibited.

11.6 All trademarks, logos, and product names used are the property of their respective rights holders and may not be used or imitated without their express permission. This also applies to the seller’s own trademarks.

§ 12 – Amendments to the Terms and Conditions

12.1 The seller reserves the right to amend these General Terms and Conditions (GTC) at any time, particularly in response to changes in legislation, technological developments, or the expansion of the range of services.

12.2 For contracts that have already been concluded, the version of the GTC in effect at the time of the order shall apply. Amendments only apply to future contracts and will not be applied retroactively.

12.3 The current version of these GTC is permanently accessible in the footer of the online shop and is linked to the customer during the ordering process.

§ 13 – Fairness, Reviews & Abuse Protection

13.1 Customers agree to communicate with the seller and its employees in a respectful, objective, and fair manner – regardless of the communication channel used.

13.2 The use of pressure, threats, or blackmail – such as threats of unjustified legal action, baseless reports to authorities or consumer organizations, or systematic reputational damage – is not permitted. In the event of abusive behavior, the seller reserves the right to take legal action and to limit or terminate future business relationships.

13.3 Customers are entitled to publish factual, verifiable, and truthful reviews of the seller or purchased products – particularly on review platforms, social networks, or similar media. The following are not permitted:

• false or misleading statements,
• defamatory, insulting, or reputation-damaging content,
• reviews clearly aimed at coercing returns, payments, or changes to the contract,
• violations of applicable law (e.g., personal rights, copyright, competition law).

13.4 These restrictions apply to all public or publicly accessible statements, especially on:

• online review portals,
• social media platforms (e.g., Facebook, Instagram, YouTube, TikTok),
• forums, discussion platforms, comment sections,
• blogs, video formats, or podcasts.

13.5 The seller expressly reserves the right to take legal action against defamatory or damaging content – including civil claims for injunctions, retractions, or damages pursuant to Art. 28 et seq. Swiss Civil Code (ZGB) and/or the Swiss Unfair Competition Act (UWG).

13.6 If the seller suffers proven damage (e.g., loss of sales, reputational harm) due to unlawful public statements or reviews, the right to claim compensation is reserved. Legal clarification may be sought.

§ 14 – Place of Jurisdiction and Applicable Law

14.1 The material law of the Swiss Confederation shall apply exclusively, excluding international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law provisions.

14.2 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of the seller, unless mandatory statutory jurisdictions – especially for consumers – take precedence.

14.3 The seller reserves the right to take legal action against the customer at their general place of jurisdiction.

§ 15 – Severability Clause

15.1 Should any provision of these Terms and Conditions be or become wholly or partially invalid, unenforceable, or void, the validity of the remaining provisions shall remain unaffected.

15.2 In place of the invalid or unenforceable provision, a valid regulation shall apply that comes as close as possible to the economic intent of the invalid provision. The same applies in the case of any contractual gaps.