GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP OF CADENZA MUSIC Sàrl
1. The Online Shop
The online shop http://shop.cadenzarecords.com (the "Online Shop") is operated by Cadenza Music Sàrl, a Swiss company having its registered office at 8, rue des Maraîchers, 1205 Geneva, Switzerland registered with the Commercial Register of the Canton of Geneva under the federal number CH-170-4006710-3 ("Cadenza").
2. Scope of Application
These general terms and conditions (the "GTC") govern the use of the Online Shop and the sale and delivery of products available on, and via, the Online Shop (such products, the "Products").
3. Agreement to the GTC
By using/visiting the Online Shop, you expressly agree to be bound by the provisions of the GTC, as amended from time to time.
You must be 18 (eighteen) years of age or older to use, and to order from, the Online Shop and by accepting these GTC you are confirming to us that you are no less than 18 (eighteen) years of age.
5. Order of Products
By clicking on the "Check Out" button, you will be deemed to place a firm and binding offer to purchase the Products you have selected (the "Purchase Order").
Cadenza shall be entitled to accept or not, at its sole discretion, in whole or in part, any Purchase Order you place with the Online Shop.
If it accepts a Purchase Order, Cadenza will confirm such acceptance by e-mail (such confirmation, the "Order Confirmation"). For the sake of clarity, it is hereby specified that an e-mail confirming the receipt of the Purchase Order shall not qualify as such as an Order Confirmation.
Should Cadenza cancel or refuse a Purchased Order, it will notify you of such refusal and refund any payment you made in this regard without delay.
Should Cadenza accept a Purchase Order and issue an Order Confirmation, then a sale agreement (the "Agreement") shall be entered into by and between Cadenza and you whereby Cadenza shall sell, and you shall buy, the Products set forth in the Order Confirmation.
The Agreement shall be composed of, and governed by the terms and conditions set forth in, the following documents, ordered by decreasing importance, i.e. (i) these GTC, (ii) the Order Confirmation and (iii) the Purchase Order. In case of discrepancies between the provisions contained in those documents of different ranks, the provisions of the higher rank document shall prevail.
7. Information on the products
All Product information available from the Online Shop, such as technical data, pictures, measurements or information on the field of application and specifications, etc. is non-binding and subject to change at any time unless it is explicitly described as binding.
Unless indicated otherwise by Cadenza, prices are indicated in Euros and are deemed to be exclusive of all import taxes, value added tax, delivery costs and postage.
9. Methods of payment
Purchase Order can be paid by Pay-Pal or by any other method of payment available on the Online Shop, at your own choice.
By placing a Purchase Order, you guarantee Cadenza that you have the authorizations required to use the chosen method of payment. Cadenza reserves the right to suspend any order procedure or any delivery if authorization of payment by debit card is denied by any certified financial institution or in case of non-payment of the Purchase Order. Cadenza specifically reserves the right to refuse to carry out a delivery or to honour a Purchase Order coming from a customer who has not fully paid an order or with whom a dispute is underway.
10. Delivery address
The ordered Products will be delivered at the delivery address indicated in the Order Confirmation. You must therefore verify that such address is correct and inform Cadenza of any error or change without delay by e-mail.
You will assume all responsibility and shall bear all expenses incurred arising out of, or in connection with, the indication of an incomplete or incorrect address.
11. Availability of products
If you ordered a Product which is no longer available or which will not be available (in Cadenza's warehouse) within at least 2 weeks after the date of the Order Confirmation, Cadenza will inform you of such shortage by e-mail as soon as possible and you shall be entitled to cancel the Purchase Order concerned. If you do so, you will be entitled either to request a refund or order a replacement Product.
12. No Exchange and returns
Unless provided otherwise herein or agreed by Cadenza, Cadenza does not accept any Product exchange or return.
13. Transfer of risk – transportation damages
The risk of any accidental loss or deterioration of the Products shall pass on you upon transfer of the Products to a forwarding agent (carrier, shipping company) or any other person or institution charged with the dispatch of the Products.
Cadenza shall not assume any liability with respect to any transportation damages and you shall address any claim for such transportation damages to the last carrier on receipt of delivery.
You shall examine all Products ordered without delay upon delivery. You shall give written notice to Cadenza of any defect in the Products specifying the nature of the defects within 2 days after delivery. In the event of hidden defects, the complaints must be made in writing, within 2 days after such defects are discovered, but no later than 3 months after receipt of the Products. Cadenza may ask you to return the defected Products. If such notice is not given in the above-mentioned manner and period of time or if you do not return the Products as required by Cadenza, you will lose the right to rely on the warranty.
In the event of a valid warranty claim, Cadenza shall, at its sole discretion, either replace the defected Products by substitute Products or refund the purchase price you have paid for the defected Products, at no additional cost for you. Any other claims you may have under this Agreement or any applicable law, including (without limitation) any right of rescission or any claim for financial compensation, are expressly excluded.
15. Limitation of liability
SUBJECT TO THE WARRANTY FOR DEFECT PROVIDED IN THE PRECEDING SECTION, YOU AGREE THAT CADENZA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE ONLINE SHOP AND/OR THE SALE AND DELIVERY BY CADENZA OF ANY PRODUCTS SOLD THROUGH THE ONLINE SHOP, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL.
Cadenza undertakes to comply with all applicable legal standards when gathering, processing and using your personal data.
What information does Cadenza collect?
When ordering or registering on the Online Shop, as appropriate, you may be asked to enter your name, e-mail, addresses and other personal data.
What does Cadenza use your information for?
Any of the information Cadenza collects from you may be used in one of the following ways:
- to process transactions
Your personal data have to be forwarded to our logistic partners to enable the processing of orders and provision of warranties.
- to send periodic e-mails
Your personal data can also be used by Cadenza in order to send you its newsletter or information on new products.
- Your personal data are stored on Cadenza’s server in Switzerland and in other countries or can be stored on the server of a specialized company required to do so by Cadenza on its behalf. In some cases, Cadenza stores and processes information outside your country.
You hereby allow Cadenza to make such use of your personal data.
How can you stop receiving emails and newsletter from Cadenza?
Each email sent contains an easy, automated way for you to cease receiving email from the lists to which you are subscribed. If you do not wish to receive additional emails from Cadenza, simply follow the instructions at the end of any email.
Third Party websites
The Online Shop contains links to third party websites (e.g. the site of Pay-pal). Cadenza is not responsible for the privacy practices or the content of any third party websites. Customers and visitors who link to other third party websites from the Online Shop should check the privacy and security policy statements of such third party websites to understand the policies and practices of such third party websites as we are not responsible for those policies and practices. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. It is your responsibility to keep such information private and confidential.
When you visit the Online Shop, "cookies" may be sent to your computer. A cookie is a small text file or piece of data that a web site that you visit can place or save onto your computer. Cookies do not themselves contain any personally identifiable information. However, if you provide such personally identifiable information to us (such as the data related to your order), such information may be linked to the data stored in the cookie.
The Online Shop will use this information to evaluate your use of the site and provide other services related to the activity of the site and the use of the internet.
Cadenza only shares personal information with other companies or individuals outside of Cadenza in the following limited circumstances:
- We have your consent;
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable GTC, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Cadenza, its users or the public as required or permitted by law.
Questions about your account
If you have any questions about your account or how Cadenza uses the data it collects and maintains in the course of providing its services, please contact Cadenza's support at email@example.com.
17. Amendment to the GTC
Cadenza shall be entitled to amend the GTC at any time and you agree to be bound by such amendments. Such amendment shall automatically enter into force as from the date of their publication on the Online Shop. For the avoidance of doubt, it is hereby specified that the amended GTC will only apply to the Agreements resulting from Purchase Orders placed after such date of publication.
Any provision of these GTC or of the Agreement that is held to be unenforceable for any reason shall be adjusted rather than voided where possible, in order to retain the intent of the parties. In any event, all other provisions of these GTC shall remain valid and enforceable.
19. Applicable Law, Jurisdiction
THE PRESENT GTC AND THE AGREEMENT SHALL BE GOVERNED, INTERPRETED AND CONSTRUED BY, UNDER AND PURSUANT TO THE SUBSTANTIVE LAWS OF SWITZERLAND, TO THE EXCLUSION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OF 11 APRIL 1980.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN RELATION TO THE PRESENT GTC AND THE AGREEMENT, INCLUDING THE VALIDITY, INVALIDITY, BREACH OR TERMINATION THEREOF, SHALL BE DECIDED EXCLUSIVELY BY THE ORDINARY COURTS OF THE CANTON VAUD, SWITZERLAND, SUBJECT TO AN APPEAL TO THE SWISS FEDERAL TRIBUNAL. ANY MANDATORY JURISDICTION PROVIDED FOR CONSUMERS MATTERS IS EXPRESSLY RESERVED.
Version dated 28 October 2011