General terms and conditions, shop

§ 1 Applicability

The legal relationship between the J. S. Bach St. Gallen AG (hereinafter JSBAG) and the customer is exclusively defined by the version of the following general terms and conditions in force at the time of the order. No other conditions will be recognised by the JSBAG unless these have been acknowledged by the JSBAG in writing.

§ 2 Realisation of the contract of purchase

Your order represents an offer to realise a contract of purchase. When you place an order with the JSBAG, we will send you an e-mail confirming the arrival of your order and listing its particulars (order confirmation). The contract of purchase is realised upon the arrival of the order confirmation with the purchaser.

§ 3 Delivery

Unless otherwise agreed, delivery will be at the purchaser’s risk from the JSBAG warehouse to the delivery address submitted by the purchaser. Should the JSBAG’s supplier not fulfil its contractual obligations and the JSBAG, through no fault of its own, be unable to supply the goods ordered, the JSBAG shall be entitled to cancel the contract with the purchaser. In such a case, the purchaser shall be informed immediately that the ordered item is unavailable.

§ 4 Due date, payment terms, overdue accounts

Orders within Switzerland may be paid by invoice (within 30 days) or PostFinance-Card, orders outside of Switzerland may be paid by credit card or Paypal only. Should payment be delayed, the JSBAG reserves the right to charge interest at a rate of 5% from the due payment date.

§ 5 Retention of title

Any item delivered remains the property of the JSBAG until paid for in full.

§ 6 Liability

Faulty items shall be subject to current consumer legislation. Unless specified otherwise below, further claims on the part of the purchaser, irrespective of their legal basis, are excluded. Under no circumstances shall the JSBAG be liable for loss of profit or any other financial loss sustained by the purchaser not directly arising from the item delivered. Where the contractual liability of the JSBAG is excluded or limited this also applies to the personal liability of its employees, representatives and operatives. The above limitation shall not apply if the damage is intentional, arises from gross negligence or involves personal injury.

Vorstehende Haftungsbeschränkung gilt nicht, soweit die Schadensursache auf Vorsatz oder grober Fahrlässigkeit beruht oder ein Personenschaden vorliegt.

§ 7 Applicable law and place of jurisdiction

These general terms of delivery shall be subject to the law of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is St. Gallen.

Version: 21 March 2019, St. Gallen