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 of MusoTec Dr. Daniel Krawietz Switzerland (hereinafter the “Seller”). Customers include both private individuals and businesses with their place of 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 of the customer shall apply only if agreed in writing or expressly confirmed by the Seller in writing.

1.3 Individual agreements with the customer – e.g. by e-mail or telephone – shall take precedence over these GTC, provided they have been confirmed by the Seller in writing.

1.4 By submitting a contractual offer (hereinafter the “Order”), the customer acknowledges these GTC as binding and undertakes not to perform any actions that contradict the provisions of these GTC.

1.5 In addition to these GTC, the legal texts additionally published on the website from time to time shall apply, in particular the privacy policy, the shipping terms, the 3-year MT warranty, and the MusoTec return policy (MusoTec Retoure). These texts are permanently accessible via the footer of the online shop and form a binding part of the contractual relationship.

1.6 Swiss law shall apply exclusively.

§ 2 – Conclusion of Contract

2.1 The products and services shown on the respective product pages in the online shop – including supplementary information such as availability, delivery time, shipping costs or other parameters – do not constitute binding offers and therefore merely represent an online catalogue of the Seller’s available goods. They serve as an invitation to the customer to submit a binding order.

2.2 The contract is concluded after receipt of payment, only when the seller

• has confirmed the order by e-mail with an order confirmation, or
• has dispatched the ordered goods – whichever occurs first.

2.3 When placing an order, the customer is obliged to provide complete and correct personal details, e.g. first and last name, residential address, e-mail address and telephone number. The Seller shall not be liable for any problems to the extent that these are attributable to incorrect or incomplete information provided by the customer.

2.4 Before submitting the order in a binding manner, the customer may correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a clear order overview (checkout area), where corrections can be made before the order is submitted.

2.5 The customer can place an order via the ordering process integrated in the online shop. By selecting the desired products or services and entering the required personal data, followed by selecting the payment and shipping method, the customer submits a binding order for the goods contained in the shopping cart by clicking the order button (“Buy Now” / “Purchase with Obligation to Pay” or a similar label).

2.6 If the customer provides an incorrect or incomplete e-mail address or technically prevents the receipt of e-mails (e.g. by spam filters), the order confirmation shall be deemed received as soon as it has been demonstrably sent to the e-mail address provided and is retrievable under normal circumstances.

2.7 After receipt of the order, the customer will receive an automated order confirmation by e-mail. This automatically sent e-mail does not constitute acceptance of the contract, but merely documents receipt of the order by the Seller.

2.8 The Seller reserves the right to reject orders in whole or in part. In such a case, the customer will be informed without undue delay and any payments already made will be refunded within a maximum period of 14 days. This period takes into account any processing time required by payment service providers.

2.9 The Seller reserves the right to cancel orders if there is an obvious error that is recognisable to the customer. This applies in particular in the case of significant price deviations, incorrect information on availability or inaccurate product descriptions resulting from a technical, system-related or editorial error.

An error shall be deemed obvious in particular if the stated price deviates significantly from the usual market price or from the Seller’s regular sales price.

If such an error exists, the customer will be informed without undue delay. Any payments already made will be refunded in full in such case. Further claims of the customer are excluded to the extent permitted by law.

2.10 The Seller voluntarily undertakes to accept or reject an order within a maximum of 10 business days of receipt (hereinafter the “Acceptance Period”). Swiss law does not provide for any statutory time limit regarding acceptance periods. During this time, the customer remains bound by the order. Prior receipt of payment by the Seller is an additional prerequisite for acceptance of the contract and for the commencement of the acceptance period.

2.11 Payment using the payment methods provided in the online shop generally always triggers a processing time by payment service providers. Information on payment-method-specific processing times is provided on the corresponding selection page in the ordering process. These processing times must be added to the delivery time and must be taken into account by the customer. The customer bears the risk of transmitting the payment. The Seller reserves the right to deliver before receipt of payment. The customer has no entitlement to delivery before receipt of payment. In the case of advance payment, there is no processing time; only the usual transaction time of the banks applies, plus the posting of the payment by our accounting department.

2.12 The Seller stores the contract text of the order after submission by the customer. After submitting the order, the customer receives an automated order confirmation by e-mail, which contains links to the applicable legal texts (e.g. GTC, warranty, shipping and privacy terms) for reference.

2.13 The Seller reserves the right to limit orders to quantities customary for households and to reject orders if there are concrete indications of commercial resale by the customer.

2.14 The contract language is German.

§ 3 – Prices and Payment Terms

3.1 The prices stated in the Seller’s online shop are in Swiss francs (CHF) and include the legally required value added tax (VAT). Any additional delivery and shipping costs incurred will be shown separately in the respective product description and during the ordering process.

3.2 Various payment options are available to the customer in the online shop. The payment methods available in each case are displayed during the ordering process. Depending on the payment method, processing times may be incurred by the respective payment service providers, over which the Seller has no influence. These serve as guidance for the customer regarding the receipt of payment by the Seller.

In particular, the following payment methods may be offered:

• Advance payment

• MusoTec – Purchase on account (invoice)

• TWINT

• Credit cards (e.g. Visa, MasterCard, American Express)

• Apple Pay, Google Pay

• Invoice purchase or instalment payment via PowerPay

• PostFinance Card, PostFinance E-Finance, PostFinance Pay

3.3 If the payment method “Advance payment” is selected, the order amount is due for payment immediately upon conclusion of the contract. This payment method is subject to the usual transfer time of Swiss banks plus posting by the Seller’s accounting department, which may take up to two (2) business days.

3.4 If the payment method “MusoTec – Purchase on account” is selected, the invoice amount is due for payment within fourteen (14) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check for this payment method and to reject the payment method if the result is negative. Processing may take up to five (5) business days.

3.5 If the payment method “TWINT” is selected, payment processing is carried out by TWINT AG, Stauffacherstrasse 41, 8004 Zurich, Switzerland. The corresponding general terms and conditions of TWINT AG apply, available at:
https://www.twint.ch/rechtliches/

3.6 If the payment method “Credit card” is selected, payment processing is carried out via the respective credit card providers (e.g. Visa, MasterCard, American Express). The general terms and conditions of the respective card issuers apply. This applies accordingly to the use of Apple Pay or Google Pay.

3.7 If the payment method “PowerPay invoice” is selected, payment processing is carried out by MF Group AG, Kornhausstrasse 25, 9001 St. Gallen, Switzerland. The corresponding general terms and conditions of MF Group AG apply, available at:
https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_en.pdf

3.8 Payment methods with credit check

If a payment method is selected that requires a credit check by an external payment service provider (e.g. PowerPay / MF Group AG), the availability of this payment method depends on a positive assessment result.

If the selected payment method is rejected by the payment service provider, the underlying purchase contract with the Seller remains in force. In this case, the customer is obliged to choose an alternative payment method offered by the Seller, in particular advance payment.

The Seller is entitled to exclude certain payment methods in the event of justified doubts about the customer’s ability to pay or in the event of repeated payment issues.

If payment is not made on time despite a reminder, the Seller is entitled to withdraw from the contract and to initiate further legal steps.

In the event of intentionally false or misleading information, the Seller reserves the right to assert civil law claims.

3.9 If the payment service “PostFinance Checkout” is used, processing is carried out by PostFinance AG, Bern. The specific terms and any third-party providers will be displayed during the ordering process. Further information is available at:
https://www.postfinance.ch/de/unternehmen/produkte/einkassieren/onlineshop/e-payment-flex.html

3.10 If a chargeback occurs during payment (e.g. due to insufficient funds or an unauthorised chargeback), the customer shall bear all costs arising therefrom, provided the customer is responsible for the chargeback.

3.11 Until full payment has been made, the delivered goods remain the property of the Seller (retention of title pursuant to Art. 715 Swiss Civil Code). The Seller is entitled to register a retention of title in the competent retention of title register, insofar as this is legally required or expedient. The customer undertakes to perform the necessary acts of cooperation for this purpose.

§ 4 – Delivery and Shipping Terms

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

4.2 Delivery will be made to the delivery address specified by the customer during the ordering process. The customer is obliged to provide correct and complete address data.

4.3 If delivery cannot be made due to circumstances for which the customer is responsible and the goods are returned to the Seller, the customer shall bear the additional shipping and storage costs incurred as well as an appropriate processing fee.

4.4 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the shipping company or carrier (pursuant to Art. 185 Swiss Code of Obligations). This also applies in the case of carriage-paid delivery.

4.5 The Seller reserves the right to deliver products directly to the customer from an EU Member State as part of international sourcing (e.g. via FedEx Switzerland). Customs clearance and all statutory import formalities are handled entirely by the Seller. No additional costs or obligations arise for the customer in this respect.

4.6 Unless otherwise agreed, no delivery will be made abroad outside Switzerland or the Principality of Liechtenstein.

4.7 The delivery times stated in the online shop are indicative. They are based on current stock levels and typical shipping transit times. Particularly in the case of imports from the EU area, longer delivery times may occur in exceptional cases. The customer will be informed in such a case.

4.8 Delivery delays due to force majeure, official measures, failure of self-supply or other logistical obstacles (e.g. strike, customs delays, transport disruption) entitle the Seller to extend the delivery period appropriately.

4.9 If the Seller is in default of delivery, the customer is entitled, in accordance with Art. 107 et seq. Swiss Code of Obligations, to set a reasonable additional period for delivery. The additional period must be objectively suitable to actually enable the Seller to perform. What is reasonable depends on the circumstances of the individual case, in particular the type of goods, the delivery effort and any operational circumstances (e.g. announced company holidays or extraordinary delays).

An unreasonably short period has no legal effect. To avoid misunderstandings, the customer is advised to coordinate the duration of an additional period with the Seller in advance.

After the unsuccessful expiry of a reasonable additional period, the customer may withdraw from the contract. Further claims, in particular damages for delay, are excluded unless the Seller has acted intentionally or with gross negligence.

4.10 The Seller is entitled to make partial deliveries insofar as this is reasonable for the customer. Any additional shipping costs arising thereby shall be borne by the Seller.

4.11 If the “Self-collection” option is selected, the Seller will inform the customer by e-mail as soon as the ordered goods are ready for collection. Collection will take place by appointment at the Seller’s registered office. In this case, shipping costs do not apply.

4.12 Transport damage and duty to cooperate

The customer is obliged to check the shipment for external damage upon receipt. Obvious transport damage should, if possible, be noted immediately with the delivery agent and notified to the Seller in writing no later than within three (3) business days of delivery, enclosing suitable evidence (in particular photos of the packaging and the damaged goods).

Transport damage that was not immediately recognisable despite proper inspection (hidden transport damage) must be reported in writing without undue delay after its discovery.

Irrespective of the above, transport damage must be asserted in writing no later than within fourteen (14) days after delivery. After expiry of this period, recognition as transport damage may be excluded, as complaints against the transport service provider are generally no longer possible.

The customer’s statutory warranty rights remain unaffected.

§ 5 – Liability for Defects / Warranty

5.1 The statutory liability for defects pursuant to the provisions of the Swiss Code of Obligations (CO) shall apply, unless otherwise provided below.

5.2 If the delivered goods are defective, the Seller shall be entitled, at its discretion, to remedy the defect by repair (subsequent performance) or by delivering replacement goods free of defects. The customer shall grant a reasonable period for subsequent performance.

5.3 Withdrawal from the contract (rescission) or a reduction of the purchase price is generally permissible only if subsequent performance or replacement delivery has failed or has been refused by the Seller. As a rule, two attempts at subsequent performance are deemed sufficient, provided further subsequent performance is reasonable for the customer.

5.4 The statutory duties to inspect and give notice of defects pursuant to Art. 201 CO remain unaffected. Defects must be reported by the customer in writing within a reasonable period after discovery.

5.5 In particular, the following are excluded from statutory liability for defects:

• Batteries and rechargeable batteries, as these are consumables with a limited service life,

• Other wear parts, such as cables, light sources, mechanically stressed controls,

• Damage resulting from improper use, moisture, overloading, failure to observe the operating instructions, mechanical impact or other external influences,

• Defects caused by unauthorised repairs or modifications by the customer or third parties.

5.6 The voluntary MusoTec 3-year warranty applies in addition to the statutory warranty and is subject to the separately regulated warranty terms. These are available at: https://www.musotec.ch/en/3-years-mt-guarantee-conditions.

5.7 For software products (e.g. downloadable software, licence keys, virtual instruments), no warranty is assumed regarding error-free functionality, system compatibility or compatibility with third-party software. Exchange or return after delivery or activation is excluded.

5.8 For products with integrated software (e.g. synthesizers with firmware), liability for defects extends to the hardware as well as to 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 adaptations to new interfaces or operating systems. Use in the delivered condition shall be deemed contractually compliant.

§ 6 – Returns / MusoTec Return Policy

6.1 As a rule, Swiss contract law (Swiss Code of Obligations) does not provide for a statutory right of withdrawal or return. However, the Seller grants the customer, on a voluntary basis, the option of returning goods in accordance with the separately regulated terms of the MusoTec Return Policy (MusoTec Retoure), 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 form an integral part of the contract.

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

• The goods are complete, undamaged, unused and in their original packaging.

• The return request is made within 14 days of receipt of the goods.

• The return has been approved by the Seller in advance.

• The return shipment is made securely packaged and suitable for transport. Damage due to inadequate packaging shall be borne by the customer.

• The reason for return must be stated truthfully.

6.4 The following products are generally excluded from the MusoTec Return Policy:

• Software licences, software downloads and ESD products (Electronic Software Delivery)

• Products of the DJI brand, unless expressly stated otherwise

• Freight-forwarded goods or bulky goods delivered e.g. via SpediFux

• Custom-made items, hard-to-sell individual items and individually configured products

• Hygiene products and goods that are not suitable for return for hygiene reasons

• Damaged, used, defective or unusable goods

• Rechargeable batteries and batteries

• Products purchased under an invoice purchase or instalment purchase via PowerPay

6.5 A return under the MusoTec Return Policy can be requested only once per item.

6.6 In the event of an intentional or fraudulent return shipment (e.g. deliberately damaged, apparently manipulated or unusable goods), the goods will be returned at the customer’s expense. In addition, a processing fee of CHF 250 plus VAT shall be due. The goods will be returned only after full payment of the costs in advance.

6.7 Inspection and processing of an approved return may take up to 10 business days from receipt of the goods.

6.8 As a rule, refunds will be made via the original payment method, unless a different reasonable agreement is made.

6.9 In the event of a dispute, the customer is obliged to document and, upon request, prove the condition of the returned goods as well as proper packaging and dispatch, e.g. by photos and proof of shipment.

6.10 The Seller reserves the right to refuse the MusoTec Return Policy in individual cases, in particular in the event of uneconomical handling, misuse, contradictory conduct or repeated returns without an identifiable objective reason.

6.11 A respectful, objective and fair approach forms the basis for the voluntary application of the MusoTec Return Policy. The return may be refused if the tone of communication, communication itself or the customer’s conduct is inappropriate.

§ 7 – Data Protection

7.1 The protection of personal data is of high importance to the Seller. The collection, processing and use of personal data is carried out exclusively within the scope of the statutory provisions of the Swiss Federal Act on Data Protection (revFADP) and in accordance with the Seller’s privacy policy.

7.2 The current privacy policy is permanently available at:
https://www.musotec.ch/en/privacy-policy

7.3 Personal data is processed in particular for contract performance, delivery, payment processing, warranty handling and customer communication. Disclosure to third parties takes place only insofar as this is necessary for contract performance (e.g. shipping service providers, payment providers, warranty partners) or where there is a statutory obligation.

7.4 Within the scope of the statutory provisions, the customer has the right at any time to information about the personal data stored as well as to rectification, restriction of processing or deletion, provided no statutory retention obligations conflict with this.

7.5 By completing the order, the customer confirms that they have taken note of the privacy policy.

§ 8 – Data Protection (Additional)

8.1 In addition, the following applies: To the extent that the Seller involves third parties for the performance of the contract (e.g. shipping and logistics partners, payment service providers, warranty or service partners), necessary personal data may be transmitted to these third parties for this purpose. Disclosure is made exclusively to the extent required.

8.2 Further information (in particular on categories of recipients, processing purposes, retention periods and data subject rights) can be found in the current privacy policy:
https://www.musotec.ch/en/privacy-policy

§ 9 – Liability

9.1 The Seller shall be liable without limitation for damage caused by intentional misconduct or gross negligence, as well as for damage resulting from injury to life, body or health.

9.2 In the event of slight negligence in the breach of essential contractual obligations, the fulfilment of which enables the proper performance of the contract in the first place.

9.3 Otherwise, liability for slight negligence is excluded to the extent permitted by law.

9.4 Liability for indirect damage, consequential damage, loss of profit, loss of data, loss of use or purely financial loss is excluded insofar as such damage is not based on intentional misconduct or gross negligence.

9.5 Liability for auxiliary persons within the meaning of Art. 101 CO is excluded to the extent permitted by law.

9.6 For software products, digital content, downloads or licence products, the Seller assumes no liability for system compatibility, error-free functionality or compatibility with third-party software, unless mandatory statutory provisions provide otherwise.

9.7 The Seller shall not be liable for disruptions or interruptions in the accessibility of the online shop, technical system failures, transmission errors or delays insofar as these are due to force majeure or circumstances beyond the Seller’s control.

9.8 The mandatory provisions of the Swiss Product Liability Act (PrHG) as well as other statutory liability provisions that cannot be waived remain unaffected.

§ 10 – Liability (Additional)

10.1 The provisions of this § 10 apply in addition to § 9 and do not limit the liability regulated there – in particular pursuant to § 9.1 and § 9.2.

10.2 To the extent permitted by law, further claims for damages are excluded unless they are based on intentional misconduct or gross negligence.

10.3 The Seller shall not be liable for acts or omissions of independent third parties (e.g. shipping companies, payment service providers or platform operators), insofar as they do not act as auxiliary persons within the meaning of Art. 101 CO or liability is mandatorily required by law.

10.4 The Seller assumes no liability for content on linked external third-party websites. At the time of linking, no unlawful content was apparent.

10.5 Limitations of liability apply accordingly to claims arising from contractual as well as non-contractual liability, unless mandatory statutory provisions provide otherwise.

§ 11 – Copyright / Rights of Use

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

11.2 Reproduction, editing, distribution, public communication or other use of this content – whether for private or commercial purposes – is not permitted without the express written authorisation of the rights holder. This applies in particular to the reprinting of texts, the use of images in the customer’s own online shops or integration into other electronic or printed publications.

11.3 Software products, digital content or licence keys purchased via the online shop may be used exclusively within the scope of the licence terms provided in each case. Any transfer, reproduction or commercial use without the express permission of the manufacturer or licensor is not permitted.

11.4 Violations of copyright or licence rights may be prosecuted under civil and criminal law. The Seller reserves the right to claim damages in the event of proven infringements.

11.5 The Seller is entitled to equip digital products with technical protection measures (e.g. activation codes, serial numbers or DRM systems) in order to prevent unauthorised use, reproduction or distribution. Circumvention or manipulation of such protection mechanisms is prohibited.

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

§ 12 – Amendment of the GTC

12.1 The Seller reserves the right to amend these General Terms and Conditions (GTC) at any time, in particular in the event of legal changes, technological developments or an expansion of the range of services.

12.2 For contracts already concluded, the GTC valid at the time of the order apply. Changes affect only future contracts and shall 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 accordingly to the customer during the ordering process.

§ 13 – Fairness, Reviews & Abuse Prevention

13.1 The customer undertakes to communicate with the Seller and its employees in an objective, respectful and fair manner – regardless of the chosen means of communication.

13.2 The targeted exertion of pressure, threats or blackmail – in particular by threatening unjustified debt enforcement proceedings, unfounded reports to authorities or systematic damage to reputation – is not permitted. In the event of demonstrably abusive conduct, the Seller reserves the right to take legal action and to restrict future business relations.

13.3 Customers are entitled to publish factual, comprehensible reviews based on true facts about the Seller or the purchased products. In particular, the following are not permitted:

• false or misleading statements of fact,

• defamatory, insulting or reputation-damaging content,

• reviews used solely to enforce irrelevant or unlawful claims,

• violations of applicable law (in particular personality rights, copyright or unfair competition law).

13.4 These principles apply to all public or publicly accessible statements, in particular on online review portals, social networks, forums, comment sections, blogs, video formats or comparable media.

13.5 The Seller reserves the right to take legal action against unlawful or personality-rights-infringing content, in particular based on Art. 28 et seq. Swiss Civil Code or the Swiss Federal Act against Unfair Competition (UCA).

13.6 If the Seller suffers a specifically quantifiable loss due to demonstrably unlawful public statements, the Seller reserves the right to assert corresponding claims for damages. Judicial clarification remains reserved.

§ 14 – Place of Jurisdiction and Applicable Law

14.1 The substantive law of the Swiss Confederation shall apply exclusively, to the exclusion of international conventions, in particular the UN Convention on Contracts for the International Sale of Goods (CISG), as well as conflict-of-law referral rules.

14.2 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Seller’s registered office, unless mandatory statutory places of jurisdiction – in particular for consumers – provide otherwise.

14.3 The Seller reserves the right to sue the customer also at the customer’s general place of jurisdiction.

§ 15 – Severability Clause

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

15.2 The statutory provisions shall apply in place of the invalid or unenforceable provision. If this results in a contractual gap, a provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision, insofar as legally permissible.