Terms and con­di­tions of the com­pa­ny Dust of Soul Stäu­ble & Oder­matt
 
Gen­er­al
 
The fol­low­ing con­di­tions apply to all deliv­er­ies of the com­pa­ny Dust of Soul (short “Dust of Soul”) to the buy­er. These con­di­tions gov­ern the legal rela­tion­ship on the sale or pur­chase of mer­chan­dise, record­ings and video car­ri­ers of Dust of Soul. Devi­at­ing agree­ments and assur­ances are only valid if they are con­firmed in writ­ing by Dust of Soul. This also applies to some of the con­tract under­ly­ing terms and con­di­tions of the pur­chas­er. Ver­bal and tele­phone arrange­ments as well as agree­ments reached with the asso­ciates of Dust of Soul require for val­i­da­tion the writ­ten con­fir­ma­tion by Dust of Soul.
As local juris­dic­tion for all dis­putes aris­ing out of the busi­ness of the pur­chas­er with Dust of Soul are the courts in Lucerne, Switzer­land in author­i­ty unless there are statu­to­ry pro­vi­sions. How­ev­er Dust of Soul is also enti­tled to sue the pur­chas­er at his loca­tion.
If any pro­vi­sion of these Terms is held invalid by the courts, the remain­ing pro­vi­sions shall not be affect­ed.
The con­trac­tu­al rela­tion­ships between the Com­pa­ny Dust of Soul to the order­ing judge exclu­sive­ly accord­ing to Swiss law.
 
If you have a final order sent, this is bind­ing.
 
 
Colour vari­a­tions
 
Col­or vari­a­tions in pho­tos (espe­cial­ly in the inter­net) are pos­si­ble main­ly due to the tech­ni­cal require­ments of the buy­er (brows­er screen, graph­ics card, etc.). There­fore please note the exact col­or descrip­tion in the arti­cle text. Col­or vari­a­tions are there­fore not rec­og­nized as defects.
 
 
Prices
 
All prices are in Swiss francs (CHF)
 
All deliv­er­ies are made to par­tic­u­lar each of Dust of Soul sales prices, which are sub­ject to change, unless the indi­vid­ual order is based on a dif­fer­ent agree­ment evi­denced in writ­ing. The prod­ucts of Dust of Soul are not sub­ject to VAT. On the order con­fir­ma­tion the amount to be paid will be shown as 100 per­cent.
 
 
Pay­ment have only to be made to Dust of Soul
 
Pay­ments to Dust of Soul in advance (bank trans­fer) must be made sole­ly to Dust of Soul. When choos­ing this pay­ment method, you will receive the bank infor­ma­tion from Dust of Soul as an order con­fir­ma­tion via e-mail. The deliv­ery will be sent only after receipt of the full pay­ment in the bank account of Dust of Soul. From this point, the agreed deliv­ery peri­ods apply.
 
If you are in pos­ses­sion of a Pay­pal account, you can choose this pay­ment method. After cred­it­ing the full pay­ment on the Pay­pal account of Dust of Soul, the deliv­ery will be sent. From this point, the agreed deliv­ery peri­ods apply.
 
Cred­it card pay­ments are accept­ed as well. How­ev­er, these must be made through the ser­vices of Pay­pal. So please choose the Pay­pal pay­ment method for cred­it card pay­ments. To use this pay­ment method, you DO NOT need to have a Pay­Pal account. In the pay­ment process, you can skip the login to your account and select your cred­it card provider (Mas­ter­card, Visa, Dis­cov­er Card, Amer­i­can Express) and sub­mit the pay­ment. After receipt of full pay­ment on the account of Dust of Soul deliv­ery will be sent. From this point, the agreed deliv­ery peri­ods apply.
 
Orders against invoice are accept­ed only in iso­lat­ed cas­es with cus­tomers and require the writ­ten approval of Dust of Soul. In the Offi­cial Online Store of Dust of Soul (www.dustofsoul.com/shop and www.dustofsoul.com/de/shop) this pay­ment method is there­fore not offered. Please get in touch with Dust of Soul.
 
Sale prices are only allowed in the case of express pri­or writ­ten agree­ment or actions award­ed by Dust of Soul coupons with a valid code. In the event of such an action, you can spec­i­fy the code of your coupon when order­ing.
 
Checks will not be accept­ed with­out the writ­ten con­sent from Dust of Soul.
 
With claims against Dust of Soul, the cus­tomer can only be off­set or apply the reten­tion if the coun­ter­claim of the pur­chas­er is undis­put­ed or a final title against Dust of Soul present.
 
Pay­ment must be received at Dust of Soul in any case always before the ship­ment with­out any oth­er con­sent from Dust of Soul.
 
 
Min­i­mum order 

There is no min­i­mum order size.
 
 
Ship­ping
 
The dis­patch of the goods ordered is car­ried out by the usu­al trans­port (post, rail, truck, etc.) at the risk of the pur­chas­er (sale by deliv­ery to a place oth­er than the place of per­for­mance). The type of ship­ment is deter­mined by Dust of Soul. Ship­ping is gen­er­al­ly from stock in Switzer­land, that is the ship­ping costs will be charged at cost price. Spe­cial requests by the pur­chas­er with regard to the ship­ping mode or insur­ance against break­age trans­port or fire dam­age must be record­ed sep­a­rate­ly on each order. The costs result­ing from spe­cial requests by the order­ing addi­tion­al costs shall be borne.
 
 
Ship­ping charges
 
You have the assur­ance that your prod­ucts arrive reli­ably and prompt­ly to you. For deliv­er­ies with­in Switzer­land you pay the ship­ping charge of CHF 5.00. For inter­na­tion­al deliv­er­ies, the deliv­ery cost CHF 7.00 will be applied. We will ship your prod­ucts free on orders above CHF 60.00.
 
 
Ship­ping part­ner
 
Deliv­er­ies with­in Switzer­land are sent by Swiss Post. Even deliv­er­ies abroad are passed to the Swiss Post and then shipped inter­na­tion­al­ly.
 
 
Deliv­ery
 
Place of per­for­mance is Switzer­land. Exe­cu­tion of orders is car­ried out accord­ing to the deliv­ery options of Dust of Soul. Par­tial deliv­er­ies are allowed, unless oth­er­wise agreed with the cus­tomer has been made.
 
Dust of Soul is not oblig­ed to deliv­er goods which are either no longer locat­ed at Dust of Soul in pro­duc­tion or is no longer in stock at Dust of Soul, although may still be locat­ed in the cat­a­logs or offer lists.
 
If the cus­tomer orders the goods by phone, email or online, the cus­tomer agrees that the order is received by order forms.
 
 
Deliv­ery area
 
Deliv­er­ies with­in Switzer­land, Aus­tria, Bel­gium, Den­mark, Fin­land, France, Ger­many, Great Britain, Ire­land, Italy, Lux­em­bourg, Nether­lands, Nor­way, Por­tu­gal, Spain, Swe­den, and the Unit­ed States of Amer­i­ca.
 
 
Deliv­ery time
 
Deliv­er­ies are usu­al­ly with­in 6 work­ing days. Should we not have a prod­uct avail­able in stock, we will inform you as soon as pos­si­ble, when to expect the deliv­ery. Deliv­ery is at the risk of the recip­i­ent.
Buy­ers from oth­er coun­tries will be asked to get into con­tact with Dust of Soul. Per­haps there is a pos­si­bil­i­ty for a spe­cial order to there. The con­di­tions for this may be agreed sep­a­rate­ly.
 

Com­plaints
 
Com­plaint relat­ing to defects or due to incom­plete or incor­rect deliv­ery must be noti­fied to us imme­di­ate­ly to at least 20 days from the order date in writ­ing to Dust of Soul.
 
 
Own­er­ship
 
The prod­uct pro­vid­ed by Dust of Soul stays owned by Dust of Soul until the ful­fill­ment of all lia­bil­i­ties of the cus­tomer against Dust of Soul.
If the buy­er sells goods that are owned by Dust of Soul, on account fur­ther, deliv­ers the result­ing pur­chase price from this sup­ply in place of the deliv­ered goods. This pur­chase price applies with its emer­gence as ced­ed to Dust of Soul. The pur­chas­er is oblig­ed to iden­ti­fy Dust of Soul mer­chan­dise in its invoic­es to a third par­ty as such.
If the com­mod­i­ty or claims entered in place of that prod­uct enti­ty owned by Dust of Soul is seized by cred­i­tors of the cus­tomer, then the pur­chas­er shall noti­fy Dust of Soul imme­di­ate­ly and send the rel­e­vant doc­u­ments and enclos­ing a cor­re­spond­ing affi­davit that over goods or the seized claims owned by the Dust of Soul, and to bear the cost of mea­sures to elim­i­nate this attach­ment, par­tic­u­lar­ly of inter­ven­tion process­es.
 
 
Late pay­ment
 
If the buy­er does not dis­charge his oblig­a­tion to pay and the com­pa­ny result­ing from the reser­va­tion of Dust of Soul oblig­a­tions by not belong­ing, he dis­con­tin­ues his pay­ments or a judi­cial com­po­si­tion or bank­rupt­cy pro­ceed­ings opened against its assets, so are all out­stand­ing receiv­ables from Dust of Soul against the pur­chas­er imme­di­ate­ly due.
If the due and / or accrued receiv­ables are not paid imme­di­ate­ly, then Dust of Soul is enti­tled to secure its reten­tion of title and goods sub­ject to the Purchaser’s expense and to with­draw, and to open the assign­ment of receiv­ables towards defin­ing the debtors and col­lect the claims. The pur­chas­er is oblig­ed to sup­ply all nec­es­sary infor­ma­tion to Dust of Soul for this pur­pose and to hand over the rel­e­vant doc­u­ments.
In addi­tion, the pur­chas­er is oblig­ed to allow the com­mis­sion­er of Dust of Soul to enter the busi­ness and stor­age premis­es of the pur­chas­er, and issue of the prod­uct cur­rent­ly still owned by Dust of Soul to the Rep­re­sen­ta­tive of the Dust of Soul. If the pur­chas­er is in default or has the finan­cial sit­u­a­tion of the pur­chas­er designed unfavourable Dust of Soul is enti­tled to with­hold orders placed or to require its option pre­pay­ments or secu­ri­ty.
 
 
Dis­claimer
 
Orders through the Offi­cial Online Shop from Dust of Soul are bind­ing from the receipt of full pay­ment at Dust of Soul and can not be revoked. If the order has been sent, it will not be with­drawn.
 
 
Export trans­ac­tions
 
For deliv­er­ies to pri­vate cus­tomers abroad (out­side Switzer­land) the fol­low­ing pro­vi­sions apply:
All orders must be equiv­a­lent to the price in CHF at the time of pay­ment in accor­dance with the rel­e­vant exchange rate of the for­eign cur­ren­cy. Orders are shipped only after receipt of full pay­ment at Dust of Soul.
 
The goods trav­el in all cas­es at the risk of the pur­chas­er, even if fran­co etc. sold, or the prices free des­ti­na­tion are agreed, that any resul­tant on the car­riage way loss­es due to dam­age etc. – for what­ev­er rea­son – are charged to the pur­chas­er. Addi­tion­al costs through sur­charges for freight tar­iffs, tax and tar­iff increas­es are borne by the pur­chas­er.
Dust of Soul is enti­tled to strike the pur­chase price in full height to all man­aged for impos­ing dur­ing the set­tle­ment of the finan­cial state­ments by fed­er­al and state law new duties (incl. Tax­es) or increas­es of exist­ing tax­es, which the pro­duc­tion or deliv­ery of the goods will be direct­ly or indi­rect­ly affect­ed or taxed.
 
 
War­ran­ty
 
The deliv­ery of goods is car­ried out in per­fect con­di­tion. Obvi­ous defects must be made with­in 5 (five) days after receipt of the con­sign­ment upon pre­sen­ta­tion of the deliv­ery note or invoice by the pur­chas­er at Dust of Soul. To assert hid­den defects a lim­i­ta­tion peri­od of 6 (six) months applies.
 
For legit­i­mate claims gen­er­al­ly occurs replace­ment.
 
A claim for con­ver­sion (cred­it after return­ing the rec­og­nized infe­ri­or goods) exists only if replace­ment is not done with­in a rea­son­able peri­od after accep­tance of the com­plaint.
 
Claims for reduc­tion or fur­ther dam­ages are pos­si­ble only in case of proven breach of duty. Where delay in deliv­ery due to the nature of the trans­ac­tion is gen­er­al­ly not regard­ed as a breach of duty.
 
 
Rental and copy­ing of media from Dust of Soul
 
The leas­ing, rental or sim­i­lar eva­sive trans­ac­tions (eg. Sale with right of return) of record sup­plied by Dust of Soul is per­mit­ted only with explic­it pri­or writ­ten con­sent of Dust of Soul. The same goes for any dub­bing on tape and foil, the burn­ing of CD-ROMs and oth­er record­ings, except as express­ly per­mit­ted by the copy­right law.
 
 
Addi­tion­al pro­vi­sions applic­a­ble to see image car­ri­er
 
Sound and image car­ri­er
 
The SOUND and IMAGE CARRIERS sup­plied by Dust of Soul (CD, DVD, opti­cal disks or sim­i­lar video car­ri­ers) are intend­ed exclu­sive­ly for sale. Each pri­vate copy­ing by copy or CD burn­ing is strict­ly pro­hib­it­ed and is sub­ject to civ­il and crim­i­nal law. Hire and rental of SOUND and IMAGE MEDIA is pro­hib­it­ed.
 
 
Youth Pro­tec­tion
 
If the cus­tomer sup­plied IMAGE CARRIERS are pro­vid­ed from Child Pro­tec­tion Laws with age clas­si­fi­ca­tions, the cus­tomer is oblig­ed to observe the infor­ma­tion giv­en on the IMAGE CARRIER age rat­ings nec­es­sar­i­ly. Such IMAGE CARRIERS may be issued only to per­sons who have reached the ager spec­i­fied on the IMAGE CARRIER. In case of doubt, the per­son must iden­ti­fy one­self. The cus­tomer is com­mit­ted to respect­ing the legal pro­tec­tion of minors.
 
 
Final Pro­vi­sions
 
Any mod­i­fi­ca­tion of our goods, which could give the impres­sion that it is a spe­cial prod­uct is not per­mit­ted. It should be not­ed that the export of our goods may pre­clude copy­right or relat­ed rights of third par­ties in oth­er states. Dust of Soul dis­claims any respon­si­bil­i­ty if the buy­er is far availed.
 
If opened, the bank­rupt­cy or insol­ven­cy pro­ceed­ings against the pur­chas­er in the course of busi­ness, Dust of Soul has the right to sep­a­rate from nego­ti­at­ed with the pur­chas­er years con­di­tion agree­ments with imme­di­ate effect.
 
Place of per­for­mance is Lucerne (Switzer­land).
 
 
Con­tact
 
Dust of Soul Stäu­ble & Oder­matt
Switzer­land
 
Tel.: 00 41 (0) 79 297 23 04
E-Mail: [email protected]
Open­ing hours: 10:00 – 18:00