Terms of Service
Terms and Conditions of heresyaudio.com / Innovy
Innovy
Flecken 11
6023 Rothenburg
CHE-463.967.223
1. Scope of application
All legal transactions concluded via the online shop https://heresyaudio.com (hereinafter referred to as "online shop") are subject to the general terms and conditions (hereinafter referred to as "TOS" or "TOS - Online shop"). Innovy reserves the right to change these TOS at any time. The version valid at the time the order is placed shall apply in each case.
2. Offer
The products and prices in the online shop are considered an offer. The offer is valid as long as the product can be found in the online shop and is in stock.
3. Products and prices
Innovy can set prices freely and change them at any time. When ordering, the price published on the website is decisive. If prices have been published in error, Innovy reserves the right to inform the buyer of this before dispatch in order to agree on a price correction or to cancel the order.
The prices are indicated as standard in USD.
Any cash on delivery of the chosen logistics partner shall be paid in full by the customer.
4. Information provided
Innovy makes every effort to keep the data published in the online shop up-to-date and correct. However, production/delivery bottlenecks and sales via other channels may result in delivery delays. Therefore, all information on availability and delivery time is without guarantee and may change at any time.
Innovy assumes no liability for the accuracy or timeliness of the information provided by other manufacturers, even if they have been carefully researched.
5. Conclusion of contract
The purchase contract is concluded by sending the order (online) and acceptance of the order by Innovy.
The prerequisite for a valid purchase contract is the complete and truthful completion of the order form provided on the website and the acceptance of these Terms and Conditions (TOS - Online Shop).
Innovy confirms the receipt of the order with an automatically generated order confirmation by e-mail. This merely indicates to the customer that the order has been received; the purchase contract is not concluded until the payment has been accepted.
6. Terms of delivery and collection
6.1 Availability and Delivery
Products marked as "available" will normally be delivered within 7 - 14 working days (excluding force majeure events) between Tuesday and Friday after receipt of order. Saturdays, Sundays and public holidays, especially the Chinese New Year week, are no shipment days. Innovy will make every effort to ensure a speedy shipment and will ship any backorders at no additional cost.
If an item is no longer available and can no longer be procured by Innovy, Innovy may withdraw from the contract, but must reimburse the customer in full for any payments already made for the product in question.
There are no further claims against Innovity.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs shall be carried in full by the buyer.
Innovy determines the type of delivery and delivery partner in order to keep the dispatch free of charge for the customer (except for express shipping, for which the customer is charged extra) . Innovy reserves the right to commission other shipping partners with other shipping times than those specified.
6.2 Additional provisions for delivery
If the customer does not accept the goods delivered by the supplier within the agreed delivery period or the delivery period specified by the shipping partner, Innovy may withdraw from the contract, cancel the order and charge the customer a processing fee of 15%, but at least USD 30.
7. Inspection obligation
The delivered or collected products are to be checked by the buyer immediately after acceptance for completeness, correctness and delivery damage. If there is a defect, Innovy must be notified of this within 7 calendar days.
8. Warranty conditions and services
Innovy distributes articles of other manufacturers. Innovy has no influence on the durability and functionality of the products or the warranty performance of other manufacturers. Therefore, the guarantee details of the manufacturers apply, provided that these are valid in Switzerland.
Otherwise, the Swiss statutory warranty provisions pursuant to Art. 197 et seq. OR shall apply.
A warranty claim can only be asserted by the customer upon presentation of the sales contract including a valid order form and evidence of the defective product.
There is no warranty claim for damage caused by improper handling or defects caused by external influences. These could be, for example, damage caused by natural forces, moisture, falls or impacts, or damage caused by modifications.
Innovy can provide the warranty service by replacement of the product in mint condition.
9. Liability and exclusion of liability
Innovy is only liable for the guarantee services listed under item 8. Any further liability is excluded, in particular liability for damage not caused to the products themselves. These can be indirect and indirect damages and consequential damages such as loss of profit, unrealized savings, or damages from delay in delivery. Furthermore, Innovy is not liable for damages caused by improper storage or use.
10. Payment
The invoice for the goods is to be paid in the currency specified therein and immediately upon or after sending the order. The following means of payment are accepted in the online shop: PayPal transfers, MasterCard, VISA, American Express, Apple Pay.
11. Privacy
Innovy collects personal data for the purpose of concluding contracts and for internal analysis. The buyer agrees that his data will be shared and processed with Facebook Inc, Shopify, and Google LLC for internal processing. Innovy does not sell or share any data with unnamed third parties. Detailed information on data protection can be found at https://heresyaudio.com/pages/privacy-policy .
12. Application of law and Place of jurisdiction
The relationship between Innovy and its customers is governed exclusively by Swiss law. The place of jurisdiction is Luzern, Switzerland.
Version TOS - Onlineshop: 11. June 2021