Terms and Conditions
Relish Brothers AG
Sempach Station, January 28th, 2019
Terms & Conditions
The present general terms and conditions apply to all offers and/or contracts of purchase and delivery between Relish Brothers AG as the seller and the customer as the buyer. The present general terms and conditions are published on our web site www.relish.swiss.
Relish Brothers AG is the trade name of the brand Relish Guitars Switzerland, having its registered office in Sempach Station, Industriestrasse 16, Switzerland.
The customer: the natural (or legal) person in his role as buyer and customer of products made and/or services provided by Relish Brothers AG.
The contract: the contract of purchase and delivery and/or provision of products and/or services between Relish Brothers AG as the seller and the customer as the buyer.
Changes of the contract only be valid if they are confirmed in writing by Relish Brothers AG.
General terms and conditions other than those of Relish Brothers AG, shall not apply. By placing an order, you shall accept the present agreement, unless otherwise agreed upon in writing.
2. OFFERS / ORDERS / AGREEMENT / PRICES
All offers made by or on behalf of Relish Brothers AG orally or on the internet, in newspapers
and/or weeklies, periodicals, announcements, letters, faxes and e-mail and/or offers relating to prices, shall be free of obligation. They shall, however, always constitute an invitation to enter into negotiations, which shall not be binding on Relish Brothers AG in any way whatsoever, unless explicitly stipulated otherwise.
Offers shall be based on the data provided by the customer. Relish Brothers AG shall be entitled to assume that said data be correct and complete.
The agreement between the customer and Relish Brothers AG shall come into being the moment Relish Brothers AG has confirmed by e-mail the order placed by the customer by e-mail or on our web site.
Modifications of the original agreement of any nature whatsoever, introduced orally or in writing by or on behalf of the buyer, which entail costs higher than those one could take into account the moment an estimate was submitted, can be charged extra to the customer by Relish Brothers AG.
Unless otherwise stipulated, prices shall read in Euro, CHF, GBP & USD and shall include VAT (in Switzerland including 7.7% VAT). The website www.relish.swiss uses cookie technology in order to show website visitors product prices based on the IP-location of the website visitor that is being used as key indicator for the shipping destination country. The products are invoiced in a currency determined by Relish Brothers AG. Orders taken from Switzerland will be invoiced in CHF, orders from the United Kingdom in GBP, orders from any other European country in Euro and orders from outside Europe in USD.
Relish Brothers AG shall be entitled to charge factors that increase the price, such as government import duties, levies, taxes, surcharges and insurance and freight rates, on to the customer.
When you have placed an order, you shall receive a confirmation by e-mail as soon as possible, with an overview of your order and the overall costs.
Each order shall only be delivered when the corresponding payment has been received, i.e. when the amount owed by the buyer has been credited to the Relish Brothers AG bank account. You can pay via transfer into our bank account, with a credit card (American Express, Eurocard/Mastercard or Visa accepted only) or via Paypal.
The payment shall have to be effected in full within 10 days from confirmation as referred to in section 1 of the present article. Relish Brothers AG shall send a confirmation by e-mail when your payment has been received.
If the purchase price is not paid in full within 10 days, the customer shall be in default without any warning or notice of default being required. That moment, all outstanding invoices owed to Relish Brothers AG shall become immediately due and payable in full.
As from the moment he is in default, the customer shall owe Relish Brothers AG an interest for overdue payment on the full amount owed, of 1.5% per month.
If Relish Brothers AG is obliged to call in the services of a collection agency or external legal
assistance because the customer fails to comply with his obligation to pay pursuant to article 3 section 3, the costs to be incurred by Relish Brothers AG in this respect shall be for the customer′s account due to the fact that the latter fails to comply with his obligations in accordance with the agreement and/or the present general terms and conditions.
4. RETENTION OF TITLE
Relish Brothers AG shall remain the owner of the goods it has delivered up to the moment the customer has complied with all of his obligations vis à vis Relish Brothers AG regarding the transactions concerned, the preceding transactions and the subsequent transactions. Up to said point in time, the customer shall be held to store the products delivered by Relish Brothers AG separately from other products, clearly marked as being the property of Relish Brothers AG (or in the Name of the Brand Relish Guitars Switzerland) and to insure them properly and to keep them properly insured.
If the customer fails to comply with any of the obligations vis à vis Relish Brothers AG by virtue of article 4 section 1, or if there is reasonable fear that the customer shall not comply with aforementioned obligations, Relish Brothers AG shall be entitled to forthwith take back the products delivered, regardless where they may be stored, without giving notice of default. Repossession costs will be charged to the customer.
As long as the above-mentioned debts have not been paid, the customer shall not be allowed to dispose of the products concerned or to establish a right of pledge or a non-possessory pledge on said products.
5. DELIVERY AND TRANSPORT
The order shall be shipped within 30 to 180 days after receipt of the corresponding payment.
Said period may be longer if the product ordered is not in stock. Relish Brothers AG will contact buyer after payment with estimated date of delivery.
If a product has to be manufactured in accordance with specifications given by the customer in writing that deviate from the standard, the period of delivery agreed upon with respect to that specific case, shall apply.
The periods of delivery given shall apply approximately and shall not be terms to be observed on penalty of forfeiture of rights, unless explicitly agreed upon otherwise.
Relish Brothers AG offers customers free shipping worldwide on orders with a minimum order value of USD 500.00. The costs of transport within and outside Switzerland shall be for the account of Relish Brothers AG. Relish Brothers AG reserves the right to refuse free shipping if the estimated cost of shipping to the destination country exceeds 10% of the value of the goods. In this case, Relish Brothers AG will contact the buyer and negotiate the terms of shipping and/or offer cancellation of the order. All products shall be shipped using the services of a professional transport company. In most cases, the latter shall deliver the order within one or two working days within Switzerland. The products shall only be shipped outside Switzerland in accordance with the rules and on the conditions of the transport company. Relish Brothers AG shall not be responsible for any act or omission on the part of the transport company.
Relish Brothers AG shall determine the transport method, unless parties explicitly agree otherwise. All transport shall be insured. If and to the extent the insured amount exceeds the standard insurance taken out by the transport company, the corresponding insurance costs shall be for the customer′s account. The provisions included in the conditions of the transport company cannot impair the stipulations of the present section.
Relish Brothers AG will ship either DDP (Duty Delivered Paid) or CIP (Carriage Paid To) depending on delivering country address location. Orders below the net amount of CHF 500.- will be shipped DAP (Delivered At Place). Relish Brothers AG as such will declare on website cart before payment if Import or Duty costs will be covered by Relish Brothers AG or if purchaser needs to cover import & duty costs as followed cost invoiced by transport company before delivery.
6. EXCHANGE / RETURN
If the wrong or a damaged product has been delivered, Relish Brothers AG shall take said product back for its own account and ship a replacement product to the buyer, provided the conditions as set out in section 4 of the present article be met.
If as article 6 section 2 mentioned event happens: a. goods shall be returned for the risk and account of the customer; b. products can only be exchanged if they are packaged (again) in the original packaging; c. products can only be exchanged if they are in the same condition as they were in upon delivery.
7. 30-DAY MONEY-BACK GUARANTEE (EXTENDED RETURNS POLICY)
Relish Brothers AG offers customers a 30-day money-back guarantee on on new, non-customized, non-discounted guitars. The 30-day money back guarantee does not apply to used or discounted guitars, guitars that have been specifically customized to the buyer’s wishes and does not apply to accessories such as pickups or guitar straps. The customer is entitled to return the goods we have supplied within 30-days and receive a full refund of the paid article net price. The term shall commence when the goods have been received in full. The timely dispatch of the goods or the request to return the goods shall be deemed sufficient for meeting the deadline. The right to return goods can only be exercised by returning the goods and informing Relish Brothers AG via the contact form provided on www.relish.swiss/return beforehand.
The right to return the goods applies only, if all of the following conditions are met: The buyer informs Relish Brothers AG via contact form, email or phone call about his decision to return the purchased items within 30 days after receipt. The product shall be shipped using the services of a professional transport company. The buyer is held responsible for the product to arrive at the premises of Relish Brothers AG in Sempach Station, Switzerland in proper condition and in the original packaging.
The right to return goods shall be excluded altogether for goods which have been manufactured or altered according to customer specifications.
The return must be organized by the buyer. The buyer bears all costs associated with the return (i.E. Shipping costs, insurance, taxes).
Should the customer make use of the right to return goods, Relish Brothers AG shall be entitled to demand appropriate compensation for the period during which the goods remain in the customer’s possession.
Relish Brothers AG reserves the right to reject a refund, if the returned goods are damaged or show signs of wear and tear that depreciate the value of the goods. If this is the case, the goods remain the property of the customer.
8. FORCE MAJEURE
Force majeure shall be understood to mean circumstances that prevent compliance with the agreement and that cannot be attributed to Relish Brothers AG.
Force majeure shall in any case, but not exclusively, be understood to be: industrial action, war, terrorism, natural disasters, problems with suppliers / transport / production, fluctuations in the exchange rate, government or regulatory measures, riots, acts of war, fire, water damage, and any other industrial turmoil at Relish Brothers AG and/or its suppliers as well as breach of contract on the part of the Relish Brothers AG suppliers.
In the event of force majeure, Relish Brothers AG shall be entitled to suspend performance of the agreement or to (partially) dissolve the agreement without judicial intervention and without being held to pay the customer any damages in this respect.
If the circumstances of force majeure last for more than six months, or if it has become an established fact that the circumstances of force majeure will last longer than six months, both parties shall be entitled to (partially) dissolve the agreement. In that case too, Relish Brothers AG shall not be held to pay the customer any damages.
All products delivered by Relish Brothers AG, shall be checked for quality prior to shipping them.
Complaints concerning visible defects to delivered products shall have to be filed with Relish Brothers AG by e-mail the moment they are detected or in any case within seven days from receipt.
Defects to part of the goods delivered shall not give the buyer the right to reject the entire shipment delivered.
Relish Brothers AG shall not be liable for the damage sustained by the customer, subject to the case said damage is the consequence of gross negligence or intention on the part of Relish Brothers AG.
Relish Brothers AG shall under no circumstances be liable for trading loss, losses due to delay, loss of profits or losses due to stagnation or for any other consequential damage sustained by the customer.
Relish Brothers AG shall be insured against damage. Liability for damage shall explicitly be limited to the amount the insurance pays out in the case concerned. If and in so far as said insurance does not pay out for any reason whatsoever, the liability for damage shall explicitly be limited to the invoice amount exclusive of VAT for the delivery that gave rise to the claim for damages.
Each and every further liability shall be explicitly excluded.
11. DISSOLUTION OF THE AGREEMENT
Relish Brothers AG shall be authorised to dissolve the agreement without judicial intervention and without prior notice of default, if the customer fails to comply with his obligations by virtue of the agreement, if the customer has filed for suspension of payments or if he has been granted suspension of payments, if the customer has been declared bankrupt or an application to that effect has been filed, or if (a part of) the products being the property of the customer have been attached. Relish Brothers AG shall not owe the customer any damages in any of the above situations.
In the event the agreement is dissolved by virtue of article 11 section 1, Relish Brothers AG shall be entitled to demand payment by the customer to compensate Relish Brothers AG for the activities carried out and the performance of the agreement up to that moment.
Relish Brothers AG can invoke the above-mentioned dissolution vis à vis the customer with a written statement.
The customer shall not be entitled to claim dissolution of the agreement with retroactive effect.
12. INTELLECTUAL PROPERTY
All intellectual property rights to the ordered and delivered products, shall continue to be vested in Relish Brothers AG, including in the event a product has been manufactured on the buyer′s instructions or in accordance with his specifications.
All pictures on the www.relish.swiss web site shall be the property of or licensed to Relish
Brothers AG and must not be used or copied without the consent to that effect of Relish Brothers AG. The same shall apply to all texts on said web site.
13. 2-YEAR WARRANTY
The goods to be delivered by Relish Brothers AG shall meet the usual requirements and standards that may be imposed on them in reason the moment they are delivered.
Relish Brothers AG shall guarantee the reliability of the products it delivers as well as the quality of the material used to manufacture them, to the extent said products show visible defects in respect of which the customer proves that they appeared within two (2) years from purchase.
Relish Brothers AG shall remedy the defects that are covered by the guarantee as referred to in article 13 section 2, either by repairing them or replacing the faulty component, all this at the company of Relish Brothers AG or not, or by shipping a component to replace the faulty component. Relish Brothers AG shall be at liberty to opt either for repair or replacement. All costs exceeding the sole obligation of Relish Brothers AG as set out in the present section, shall be for the customer′s account.
The following shall in any case not be covered by the guarantee (defects that appear in or are wholly or partially the consequence of): normal wear and tear assembly / installation or repair by a third party adjustments made by the customer, improper use, exposure of the products to extreme temperatures or degrees of humidity, malicious damage or otherwise damage as a result of the (improper) use of accessories sound properties products not purchased from Relish Brothers AG and/or a dealer authorised by Relish Brothers AG.
The customer shall have to inform Relish Brothers AG in writing of defects to delivered products as soon as possible after they are detected but in any case within the period of the guarantee. If said period of guarantee is exceeded, the possibility to rely on the guarantee vis à vis Relish Brothers AG shall lapse.
Relish Brothers AG shall not give any guarantee for the research done, advice given and similar activities carried out by Relish Brothers AG at the provision of services level.
Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by Relish Brothers AG are not covered by the warranty. Signs of wear and tear from normal use are also excluded from the warranty.
14. DATA PROTECTION
The customer′s data shall be archived and/or transmitted in strict accordance with the applicable laws governing data protection and the Relish Brothers AG data protection registration.
Relish Brothers AG shall not divulge the customer′s data to any third party other than with the customer′s consent.
15. DISPUTES AND THE COMPETENT COURT
Swiss Law shall apply to all agreements to which the general terms and conditions fully or partially apply.
All disputes (including those that are only considered to be one by one of the parties) relating to or resulting from the agreement(s) concluded between Relish Brothers AG and the customer, shall be settled by the Court in the District in which the registered office of Relish Brothers AG is located, unless Relish Brothers AG opts for the competence of another Court.
16. FINAL STIPULATION
If and in so far as any part and/or any stipulation of the present general terms and conditions would appear to be contrary to any mandatory rules of national or international legislation, said part and/or stipulation of the present general terms and conditions shall be deemed not to have been agreed upon and all the other stipulations of the present general terms and conditions shall continue in effect for both parties.
Relish Brothers AG, which took effect on January 28th, 2019.