GTC - General Terms and Conditions

The text below is a machine translation of the original German “AGB - Allgemeine Geschäftsbedingungen” using DeepL (www.deepl.com/translator) followed by human post-editing. In case of discrepancies between the German original and the English translation, the original German text is to be considered to be the valid one.

1. Scope of application

1.1. For the business relationship between Bibets Ramos Viladrich – www.muusika-jewellery.com, Vierjuchartenweg 25, 4125 Riehen, Switzerland (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer"), the following General Terms and Conditions (GTC) shall apply in the version valid at the time of the order.

1.2. For the purposes of these GTC, a consumer is any natural person or legal entity that can conclude a legal transaction for a purpose.

1.3. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity in writing.

2. Offers and service descriptions

2.1. Muusika Jewellery is an online trade in handmade jewellery and accessories using real parts of musical instruments (or their faithful reproduction in precious metal).

2.2. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions on the seller's website do not have the character of an assurance or guarantee.

2.3. Small deviations of the delivered products compared to the original shown on the web are possible due to different screen settings. Gemstones and wooden parts may differ slightly in detail from those shown in the pictures, as they are natural products.

3. Order process and conclusion of contract

3.1. The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping basket by clicking the ADD TO CART button.

3.2. The customer can then proceed to the conclusion of the order process within the shopping basket by clicking on the CHECKOUT button.

3.3. By clicking on the PLACE ORDER button, the customer makes a binding offer to purchase the goods in the shopping basket. The customer can change and view the data at any time before submitting the order. Necessary details are marked with an asterisk (*).

3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail. This e-mail contains:

a list of all the products that the customer has ordered.
the shipping costs (if already calculated, please read point 4.4)
a note on possible customs duties (please read point 4.6)
the total price
a link to the General Terms and Conditions (GTC)

The automatic confirmation of receipt merely documents that the seller has received the customer's order. It does not constitute an acceptance of the order.

3.5. The purchase contract is only concluded when all these three conditions have been met:

a) The seller has received the total amount of the order.

b) The seller has shipped the ordered product to the customer (usually 1-3 working days after receipt of payment).

c) The seller has sent a second e-mail to the customer. In this e-mail, the seller informs the customer that the order has already been dispatched and also sends him the invoice.

3.6. If payment is made by bank transfer, it may take a few days for the seller to receive the money. The seller reserves the ordered items for a maximum of 10 calendar days (i. e. the day on which the order confirmation is sent, plus the 9 following calendar days). If the payment has not been received by the seller by then, the seller withdraws from the contract. This means that the order becomes invalid and the seller is not obliged to deliver. The order is then completed for the customer and the seller without any further consequences.

4. Prices

4.1. The prices in the shop are shown in euros.

4.2. The product price includes VAT, processing costs and packaging costs. Muusika Jewellery is not subject to value added tax.

4.3. There is no minimum order value.

4.4. Shipping costs are charged separately and are as follows:

within Switzerland and Liechtenstein: 6.95 SFr (calculated at 6.95 €)
within the EU: 9.95 €
for deliveries to non-EU countries, shipping costs must be calculated on a case-by-case basis and may incur additional customs duties for the customer.

4.5. Express deliveries can be requested and will be charged separately.

4.6. Customs
Delivery of products outside Switzerland, Liechtenstein and the European Union may be subject to import duties and taxes. These will be levied as soon as the package reaches the specified destination. Any additional charges for customs clearance must be borne by the customer. The seller has no control over these fees. Customs regulations vary widely from country to country. The seller recommends that the customer contact the relevant local customs authority for more information.

4.7. The seller reserves the right to change prices at any time. The prices applicable to the customer will be those published on the website at the time the order is received by the seller.

5. Delivery and availability of goods

5.1. Scope
The seller delivers worldwide. Delivery is at the expense and risk of the customer.

5.2. Delivery address
The customer will receive the ordered items in the form of a parcel to the delivery address provided by the customer. The billing address and the delivery address may be different.

5.3. Packaging

a) The items ordered by the customer will be packed individually in beautiful gift boxes. Items that belong together (such as the two earrings of a pair of earrings or the different parts of a jewellery set) will be packed together in a small box.

b) The packaging boxes are made of dimensionally stable cardboard, covered with paper and contain a flocked foam inlay. The manufacturer (E. Wilhelm GmbH) assures that the boxes do not contain any lamination or linings in the form of films or other plastics, are fully recyclable, were made in Germany, and are certified as a Green Line product FSC®-C138735.

c) The price of the beautiful gift boxes is included in the product price.

5.4. Delivery times

a) The seller usually ships the products within 1-3 working days after receipt of the full purchase amount.

b) Within Switzerland and to Liechtenstein, shipping is by A-Post and the standard delivery time is 3-5 days.

c) Within the EU, shipping is done by DHL. Packages are usually delivered after 1-2 weeks. However, the shipment can take up to 4 weeks longer if the customs authorities in the destination country put the parcel aside for random checks.

d) Deliveries to non-EU countries can take up to approx. 8 weeks. The shipping costs must be calculated on a case-by-case basis. It is the customer's responsibility to take into account that customs duties may be incurred.

5.5. Delays in delivery

a) The seller must inform the customer of any shipping and/or delivery delays of which he is aware.

b) In the event of a shipping delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer.

c) In the event of delays in delivery, e.g. due to force majeure, no claim for damages can be made.

5.6. Non-deliverable items

a) If a product designated by the customer in the order is not available (temporarily or permanently), the seller shall inform the customer of this immediately in the order confirmation. The seller may propose the delivery of a product of equivalent price and quality.

b) If no comparable product is available or if the customer does not wish the delivery of a comparable product, the seller shall refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.

c) The seller reserves the right to refuse incoming orders if the number of items ordered exceeds the stock and/or our production capacity.

d) If the products sent by the seller are repeatedly not accepted or collected by the customer or are undeliverable, the seller may withdraw from the contract after the third delivery attempt. The customer will be charged for all transport costs incurred. Any payments made will be refunded.

5.7. Delivery defects

a) The seller shall prepare the order received from the customer with full attention. Nevertheless, the customer should check the delivered items for correctness, completeness and intactness upon receipt. Defects must be reported within 8 days by e-mail to info@muusika-jewellery.com. Otherwise, the delivery shall be deemed to have been approved.

b) Exchange and return of the goods shall only take place by personal agreement.

c) The seller will check the defect immediately. The goods should be unused and in original condition. If the defect is accepted by the seller, the customer has the choice of withdrawing from the contract or (if in stock) requesting an equal replacement item.

If the customer chooses to withdraw from the contract, the seller will refund the full amount.
If the customer chooses to receive an identical replacement item that is in stock, the seller will pay the shipping costs and any customs duties.

d) Under no circumstances may the customer keep the first (defective) item delivered. The seller has the right to decide whether the customer should return the goods to him or destroy them.

In the event of a return, the seller shall bear the shipping costs. The seller's delivery addresses are given under point 10.9.
If the seller decides to have the goods destroyed, the customer must document the destruction (e.g. by sending the seller a picture of the goods rendered useless).

e) A right of the customer to a reduction is excluded. However, the seller is free to offer the customer a reduction of the purchase price as an option.

5.8. Transport damage
The seller asks the customer, if goods are delivered with obvious transport damages, to please claim such defects immediately to the deliverer. The seller also asks the customer to contact the seller as soon as possible, at the latest within one week of receipt of the delivery. In this way, the customer helps the seller to be able to assert his own claims against the transport company or the transport insurance company and to be able to continue to supply the customers properly in the future.

5.9. Other damage
Damage caused by the customer due to improper handling or handling contrary to the contract does not count as a defect in the goods. The seller is not liable for indirect damage or consequential damage caused by defects.

6. Payment modalities

6.1. The customer can choose from the available payment methods within the framework of and before the conclusion of the ordering process. These are:

a) By credit card in advance (directly in the online shop).

b) By bank transfer in advance. The amount must be transferred free of charge for the seller. Two bank accounts are available:

In Switzerland: account holder: Elisabet Maria Ramos Viladrich

credit institution: Banque Migros SA

IBAN: CH57 0840 1000 0667 8641 0

BIC: MIGRCHZZXXX

In the EU: account holder: Dr. E. Ramos Viladrich

credit institution: Postbank

IBAN: DE14 1001 0010 0555 9351 39

BIC: PBNKDEFF

6.2. If third party providers are commissioned with the payment processing (e.g. Paypal), their general terms and conditions shall apply.

6.3. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay interest on arrears at a rate of 5 percentage points above the base rate.

6.4. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.

6.5. The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

The ordered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee

The warranty shall be governed by statutory provisions.

9. Liability

9.1. The seller is not liable for any damage to property or personal injury caused by the use of the goods.

9.2. The use of all articles is at the risk of the customer. No liability is accepted for any allergic reaction that may be caused by wearing the jewellery or using the accessories. No liability is accepted for any possible discolouration of the goods.

9.3. In all other respects, Swiss sales law shall apply to defects in the goods.

10. Right of withdrawal, right of return and return shipment

10.1. Swiss law does not provide for a right of withdrawal for online purchases.

10.2. The seller nevertheless grants the customer the possibility of returning the delivered goods within 14 days of delivery, stating the reasons.

10.3. The customer is requested to contact the seller in writing before returning the goods. The written communication must be made separately by e-mail (info@muusika-jewellery.com) or postal letter (i.e. not as a letter in the return package itself).

10.4. The products must be returned to the seller in perfect and undamaged condition as a prepaid parcel, if possible in the original packaging (= gift box), and received by the seller, otherwise the right of return will expire. The customer is requested to keep the postal receipt for the return.

10.5. If the original packaging is no longer in the customer's possession, other suitable packaging should be used for the return shipment in order to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.

10.6. The seller will inspect the returned goods upon receipt. Only if the returned items are clean and without signs of use will the seller refund the purchase price already paid by the customer (after deducting shipping costs and any fees). If the items are dirty or show signs of use, the purchase price will not be refunded. The customer may decide whether the seller should return the products to him or whether the seller should keep the products.

10.7. The customer shall bear the costs of the returns.

10.8. The seller explicitly informs the customer that customs duties may apply to any shipment. The seller asks the customer to find out in advance about any customs duties, as these can sometimes be high and the customer will have to pay them.

10.9. The goods must be returned to one of the following addresses:

In Switzerland: MUUSIKA JEWELLERY

Inh. Bibets Ramos Viladrich

Vierjuchartenweg 25

CH-4125 Riehen (Switzerland)

In the EU: MUUSIKA JEWELLERY

Inh. Bibets Ramos Viladrich

c/o Geiger 35097

Marie Curie Street 5

D-79539 Lörrach (Germany)

11. Exclusion of the right of withdrawal

The following articles are excluded from the right of exchange and return:

damaged goods
worn goods
personalised articles (e.g. articles with engraving, monogram, etc.)
goods specially procured for the customer
individual or custom-made items on request
items in clearance / sale / items with percentages / special promotions.

12. Jurisdiction, Applicable Law, Contract Language

12.1. The place of jurisdiction and performance is the registered office of the seller.

12.2. Swiss substantive law shall apply exclusively.

12.3. The place of jurisdiction for all legal disputes between consumers and Muusika Jewellery, Inh. Bibets Ramos Viladrich is Basel-Stadt (Basle), as far as the law does not provide for mandatory places of jurisdiction.

12.4. Muusika Jewellery, Inh. Bibets Ramos Viladrich endeavours to settle disagreements arising from the contractual relationship with customers in an amicable manner. If you as a customer do not agree with the proposed solutions, you can contact the following ombudsman's office: https://konsum.ch/ombudsstellen/ombudsstelle-e-commerce/ce/

13. Final provisions

The seller reserves the right to refuse orders in accordance with the GTCs. The seller reserves the right to adapt/amend these GTCs at any time. Should any provision of these GTCs prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions.

Riehen, 7th June 2023

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