Terms and Conditions - SCHERTLER SA
§ 1 General conditions
These "general conditions" of sale exclusively govern the terms and conditions of the sale of products marketed by SCHERTLER SA (hereinafter called "Products") whatever the mode of transmission and reception of the order (i.e. via web shop, e-mail, phone, fax, internet, shop or showroom). The conditions may be updated or changed at any time by SCHERTLER SA. Any changes in the general conditions of sale shall take effect from the time of their publication on the website www.schertler.com and for contracts concluded after that publication.
All sales contracts are therefore governed by these Terms and Conditions, which form an integral and essential part of any proposal, order and order confirmation of purchase of the Products. Different conditions are valid only if expressly agreed and approved in writing by SCHERTLER SA.
SCHERTLER SA assumes no responsibility for your inability to connect to the web shop and related services, or for the failure or malfunction of any computer software or applications attached to or interacting with it.
Products shown online do not represent a legally binding offer. Their display is used for information purposes, as a catalogue showing the product line and inviting the customer to purchase. SCHERTLER SA reserves the right not to accept orders that are incomplete or incorrect; in such cases where the order cannot be fulfilled, SCHETLER SA will inform the customer immediately.
SCHERTLER SA also reserves the right to refuse any order that is not deliverable; even after the completion of the sale contract and conclusion of the related financial transaction. In such cases, any payment received will be duly reimbursed within five working days. No other compensation will be due, and any legal action by the customer against SCHERTLER SA will not be covered.
§ 3 Production, prices, trade-ins
All available products are exclusively manufactured by us at our production facilities in Potenza Picena (Italy) and Mendrisio (Switzerland).
All prices are in USD $ and include Duties. If errors are found on the website, we will inform the customer when the order is placed and adjust these accordingly.
In response to specific customer needs, SCHERTLER SA, on a case by case basis, will examine the feasibility of sales through trade-in and cash adjustment, provided that the product used is a model produced by us, containing the SR or Schertler company brand and that its market value, as estimated by SCHERTLER SA, does not exceed 70% of the sale price of a new product.
§ 4 Payment
The following payment options are available for purchases made via our website www.schertler.com:
PayPal: PayPal is an eBay company that enables anyone with an email address to send and receive payments online in an easy, fast and secure way. When creating a PayPal account, include your credit card details once and pay for your online purchases with confidence, without having to retype the details for each transaction. The credit card information will only be processed by PayPal, as part of the necessary controls to authorize the online payment. SCHERTLER SA will not have access to data relating to the credit card, and will only process the minimum data needed to send products to the address specified by the customer, and for billing of the same.
Transactions with credit cards, such as Visa and MasterCart, are managed by Paypal as well.
SCHERTLER SA will not have access to data relating to the credit card, and will only process the minimum data needed to send products to the address specified by the customer, and for billing of the same.
Wire Transfer; Safe and popular with those who buy online, thanks to the possibilities now offered by many banks to transfer money directly and, in many cases, free of charge. When ordering, the "Bank Transfer" payment method - this will display the bank to which the transfer is being made.
The bank transfer information must include the words "Purchase SCHERTLER SA" + "order number" that will be communicated in the purchase process. There are no additional costs for this method of payment.
§ 5 Delivery and shipping costs
(a) Shipments will be made by our partner couriers (such as Fexdex) to ensure fast and reliable delivery. Delivery times are approximate; it is however possible to check online the status of the shipment by accessing the website with your e-mail address and password and going to "My Orders".
(b) SCHERTLER SA may, at its discretion, carry out the delivery of products ordered by a carrier other than our partners, or by any other means deemed appropriate. Any delay in delivery does not entitle the customer to refuse delivery of the Products, or to claim for damages or compensation.
c) Shipments are covered by insurance for the total value of the items ordered.
(d) The methods of delivery generally provide that packages are delivered in the first instance to the address given by the customer. The customer will subsequently be charged for any onward handling of the goods to a home, office or shop address.
(e) SCHERTLER SA reserves the right to make delivery of products belonging to a single order in several successive deliveries. In this case, only one delivery charge will be made to the customer.
(f) If at the time of delivery there is an unjustified refusal; the specified delivery address is incorrect, or the customer blocks the delivery for whatever reason, even though SCHERTLER SA has correctly processed the order, the customer is required to pay the transportation costs in full.
(g) On receipt of the Products, the customer must inspect them immediately in order to ensure integrity and the possible appearance of any transport damage. Upon receiving the package, and before signing the delivery document (DDT), please make sure that the number of parcels delivered is consistent with those stated on our documentation and on that of the carrier. Always check the physical state of the package, paying particular attention to areas sealed with our custom adhesive tape.
If you detect any problems, sign "RECEIVED WITH RESERVE" describing the reason on the courier’s paperwork, e.g. Accepted subject to cardboard broken. If you sign without contesting any obvious damage, you absolve the carrier from any liability for damage incurred during shipping.
Any damage resulting from transportation must be recorded immediately and reported for insurance purposes.
(h) Shipping costs vary depending on the amount, the total weight of the items in the cart and the destination. They are calculated automatically during the checkout process.
(i) If the "Free Shipping" icon is shown next to a product, the shipping costs for that product will be paid by SCHERTLER SA. In the case of products with free shipping, the price will remain unchanged if the customer opts for direct pickup in factory.
§ 6 Cancellation of orders
Orders are binding and can only be canceled if the goods have not yet been dispatched; the cancellation is made by contacting the customer service on +41 91 630 0710 or by written notice to be sent by e-mail to the address email@example.com For orders already sent, the customer may exercise the right of withdrawal.
§ 7 Right of withdrawal
The right of withdrawal is a right recognized by the consumer for remote purchases and is governed in Switzerland by applicable laws.
This right is embodied in the facility for the consumer to be able to unilaterally withdraw from the purchase contract within 14 days of receipt of the product and is determined as follows:
Who can / cannot use this right: The right of withdrawal is a facility for customers ("consumers") who purchase for purposes that are not related to a business. Under the current regulations, customers who have purchased for commercial, professional or VAT purposes are excluded from this right of withdrawal. The right is likewise understood to exclude purchases that are not covered under "distance sales" and products that have been modified or customized on request.
Exercising the right of withdrawal: The customer "consumer" must inform us of his/her decision to withdraw from the contract by contacting SCHERTLER SA - via Beroldingen 18 - 6850 Mendriso - Switzerland - by telephone +41 91 630 0710, Fax +41 91 630 0711, or email: firstname.lastname@example.org).
On receipt of the withdrawal notification, SCHERTLER SA will give instructions for returning the product. We will not accept cash on delivery.
For questions or clarification on the procedure, please contact our customer service department at the above address.
Returning the product: The product should be shipped freight collect (the goods travel at the expense and risk of SCHERTLER SA).
The requirement for the product to be returned in its original state forms (for example STAT pickups where the cork was cut will not be accepted as new) an essential condition for exercising of the right of withdrawal. For this purpose, we recommend using appropriate external packaging that prevents the original packaging being damaged, or altered in any way; the product must also be accompanied by all its original components (accessories, power cables, manuals etc). Any shipment received that contravenes the procedure laid down in the Code of Consumption will be rejected and returned to the sender along with any relevant handling expenses.
Reimbursement: Should be received within a maximum of 14 days from receipt of goods and subsequent verification that the legal conditions apply. Unless the customer has opted to receive a credit, we will make a bank transfer as indicated in the notice of withdrawal to the 'full amount of the bill of sale, including any shipping costs that have been incurred during the purchase process.
§ 8 Extension of the right of withdrawal to 30 days
Broadly interpreted, if a product appearing on our website (www.schertler.com) is shown with a "30 days money back" icon, the customer is guaranteed an additional 16 days to exercise his/her right of withdrawal (for distance contracts an additional 14 days is required by law for exercising the right of withdrawal). During this period, the customer has the right to return the product(s) purchased to SCHERTLER SA. The goods travel at the expense and risk of the customer.
Where there is an obvious depreciation in the value of the goods due to use (for example STAT pickups where the cork was cut will not be accepted as new), neglect or lack of one of the original components, SCHERTLER SA reserves the right to withhold compensation for damage, which may involve a reduction in the refund of the purchase price, or a refusal to redeem the goods, which in this case will be returned to the customer.
Exceptions to the above include customer requested customized products, and “consumables” including cables and software, as well as any products that cannot be resold for hygiene reasons such as earphones, headphones, microphones, etc.
If a purchase does not meet your expectations, or you believe you have the wrong purchase or have simply changed your mind, no problem! Subject to all the clauses above, our "30 days money back" guarantee allows a full 30 days for purchases made directly from us to be returned for reimbursement or, at the option of the customer, a credit to be made to a sales account. This ensures transparency and security for all purchases made.
§ 9 Extension of the right of withdrawal for purchases at our showrooms
For customers who have bought from us at our showroom in Mendrisio (Switzerland), for whom there would not be a legal right to withdraw: If the relevant purchased product also appears on the product pages of our website -www.schertler.com – displaying the "30 days money back" icon, however if returned within 30 days of purchase, with the receipt and without reason, it is possible to obtain the withdrawal.
Any costs for return shipping and handling that may be charged in the purchase process will not be refunded.
§ 10 Warranty
(a) All products advertised and sold by Schertler SA are legally guaranteed in accordance with Directive 1999/44 / EC as applied to individual European states.
(b) In the interests of the consumer, and in addition to the obligations of the legal guarantee, Schertler SA will guarantee that product for a period of two years from the date of factory purchase against any defects occurring during that period that are proven to originate from inadequate building techniques and / or materials.
Warranty on B-Stock or used material sold trough the factory is of one year.
(c) The warranty does not cover normal wear and tear on materials and components such as, but not limited to, speakers, microphone capsules and membranes, or mechanical parts that are subject to wear (rubber, switches, buttons etc ...). The warranty also does not cover damage or defects caused by unauthorized repair attempts or the intrusion of foreign matter. Likewise, the warranty does not cover damage caused by or derived from carelessness, neglect, incorrect or improper use of the product (such as the use of a voltage supply other than that stated on the unit), or damage resulting from any other cause which is not related to a product defect.
(d) At the discretion of SCHERTLER SA, genuine defects will result in free repair of the defective product, replacement of the product, or withdrawal of the disputed product and appropriate reimbursement to the customer.
(e) The products or components concerned shall then become the property of SCHERTLER SA.
(f) Claims must be made within the warranty period. Proof of purchase documentation is required and warranty service must be requested from SCHERTLER SA via e-mail to email@example.com if you are in Switzerland or USA or to firstname.lastname@example.org if you are in European Union. SCHERTLER SA repair service will then provide the customer with the required return information and instructions on how to send back the product. It is the responsibility of the customer to return the product with freight prepaid - to the following address: (SCHERTLER SA, via Beroldingen 18, 6850 Mendrisio). The product must be properly packed to prevent damage during transportation. If, after appropriate action, the product is to be returned to the customer under the terms of the warranty, the associated transportation costs will be borne by SCHERTLER SA.
(g) For warranty repairs outside Switzerland, SCHERTLER SA reserves the right to handle these via authorized repair centers, or a suitably qualified business partner.
(h) Any product repairs carried out during the warranty period will not result in the original warranty period being either extended or re-started. The warranty will expire after the originally specified period.
(i) The warranty is transferable, however the warranty claim is only recognized by the provision of the original purchase documents and will therefore expire when that customer resells the product.
(l) The warranty does not grant any rights other than the right to the elimination of defects occurring on the product as outlined in the warranty conditions - thus excluding any other form of compensation or damages whatsoever.
(m) If as a result of a request for warranty service, no defect is found to exist, or the alleged defect is based on facts and circumstances that do not hold SCHERTLER SA to that warranty, the customer will be required to bear any expenses incurred and to reimburse the costs of any unjustified requests + Shipping costs.
(n) The points listed above refer to the factory warranty and / or direct sales via the web shop or at a Schertler showroom.
(o) If the product has not been purchased directly from SCHERTLER SA (web shop or showroom), the customer must contact the dealer / retailer, who will contact SCHERTLER SA to define the terms and conditions of the factory repair and warranty.
For further information or clarification, please contact our customer service: email@example.com / tel. +41 (0) 91 6300710
§ 11 After Sales
In addition to the terms of the legal guarantee, after sales support also applies to the following situations:
(a) Product not working on arrival (DOA, "dead on arrival") or during first use.
Should this occur (although it is unlikely), the customer should report the incident to SCHERTLER SA within two days of receiving the product. SCHERTLER SA will either replace the product, or refund the payment. In either case, SCHERTLER SA will send a courier to collect the product concerned at the company’s expense.
The product in question must be returned using a rigid box containing the original packaging, which must be free of any writing or tears, and must include all the supplied accessories. Internal package protection should also be used to keep the product in good condition during transportation. If the above conditions are not met, the goods will be returned to the customer at his/her own expense and it will not be possible to implement the DOA service.
(b) Delivery of a product other than that ordered
Should this occur (although it is unlikely), the customer should report the incident to SCHERTLER SA within 10 days of receiving the product. SCHERTLER SA will send a courier to collect the product concerned at the company’s expense and send the customer the correct product.
The item must be returned in the condition in which it was delivered, showing no signs of damage, or writing on the packaging, and without having been opened or used in any way. Use a rigid box and special packaging to protect the product from damage during transportation. Opening the package will only be allowed if it is impossible to verify from the external packaging whether the correct product has been delivered.
(c) Delivery of incomplete products / components missing
Should this occur (although it is unlikely), the customer should report the incident to SCHERTLER SA within 10 days of receiving the product. Once verified, the company will supply the missing elements as soon as possible (no later than 10 days).
§ 12 Special offers and promotions
Any special offers made by SCHERTLER SA are valid until revoked, at the discretion of SCHERTLER SA and, in any case, are subject to the availability of related products. If the product in question is not available, the customer will be informed at the time of ordering. As per regulations, products supplied free of charge do not qualify for assistance or replacement.
§ 13 Jurisdiction
All disputes arising from the interpretation and / or execution of this Agreement are subject to the exclusive jurisdiction of the Court of Mendrisio, excepting those disputes that may arise with the consumer will be the responsibility of the courts in the domicile or place of residence of the consumer him/herself. In cases where the consumer’s domicile or place of residence is located outside a territory of the Switzerland, such disputes will be referred exclusively to the Court of Mendrisio.
§ 14 Privacy, collection and personal data protection
SCHERTLER SA manages and treats its data with confidentiality and fairness according to the rules in force with applicable Legislative Decrees which guarantees that the processing of personal data is conducted with respect for the freedom and dignity of individuals, with particular reference to privacy and personal identity.
Please also note that, only with the customer’s express consent, can data also be processed to provide information and updates on the activities of SCHERTLER SA, through newsletters, initiatives, discounts and promotional sales. Receiving such communications is optional, but recommended in order to enjoy special discounts and to buy products under exclusive conditions.
For maximum confidentiality of customer data recorded on our website - www.schertler.com - subscribing to our newsletter remains optional and is not mandatory for the purposes of navigation and purchasing. Data analysis is done consensually and with strict anonymity, with no opportunity to go back to identifiable elements (for example: 50% of the recipients of the newsletter have read the message xy)
In no event shall SCHERTLER SA use the data for any purposes other than those mentioned above, nor will it share the data with external entities excepting judicial authorities or other authorities authorized by law for cases of insolvency, fraud, misuse of electronic payment systems or the like.
Under no circumstances and for no reason shall SCHERTLER SA save in its archives the data from credit cards, nor shall it require such data by email, letter or telephone.
Each party has the right at any time to obtain confirmation of the existence of the data and to know its content and origin, verify its accuracy and request its integration or updating. According to the same article, each person has the right to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, and to object in any case, for legitimate reasons, to their treatment. Requests for the exercise of such rights should be directed to the data holder.
The Holder for the processing of personal data is SCHERTLER SA, via Beroldingen 18, 6850 Mendrisio, Switzerland.
SCHERTLER SA uses encrypted data and SSL-certified 128/256 bits.
§ 15 Final Clause
Should individual provisions of these General Conditions not apply, regardless of the reason, this will have no effect on the effectiveness of the remaining provisions