Sales conditions

1.General

  1. These General terms and conditions of sale (ci- hereafter « GCS ») shall apply to all contractual relationship between the customer (hereafter: « Customer », “you”) and P-EAR-S Sàrl, Bahnofstrasse 87, CH 3232 Ins, Switzerland (hereinafter “we”, “us”, “our”).
  2. By using the website www.p-ear-s.ch (« the Site »), you agree to be bound by these terms and conditions as well as the general terms and the Privacy Policy.
  3. These Sales Conditions apply to the sale of products and services on this website. By ordering on this website, you agree to be bound by these Sales Conditions. Before placing your order you will be asked to confirm acceptance of these Sales Conditions by ticking the corresponding box. If you do not confirm acceptance, you may not place any orders on this website.
  4. By placing an order on this website, you confirm to be of sufficient legal age and legally capable to enter into a contract.

2.Order Process

  1. Your order on this website constitutes an offer to purchase under these Sales Conditions.
  2. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
  3. Product and service descriptions are correct at the date of publication but are subject to availability or change without notice. We cannot be held liable or responsible for errors in photography or typography. Orders are subject to acceptance by us and availability of the ordered products and services.
  4. We will confirm acceptance of your offer to purchase by sending you an order confirmation (invoice) by email and this will constitute a binding contract between you and us.
  5. For Custom in-ear monitors (IEMs) the manufacturing will start only upon receipt of your ears impressions. Please note that in the interest of ensuring the best possible quality of our products, we reserve the right to refuse any ear impressions that doesn’t meet our standards of quality.
  6. The contract will relate only to those products and services whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products or services, which may have been part of your order until the dispatch of such products or services has been confirmed in a separate order confirmation.

 

3.Price and Payment

  1. The prices on this website are in Swiss Francs (CHF) and include the local VAT as well as the default delivery fees (as specified on the check-out page and in the order confirmation).
  2. We may change the prices on this website at any time.
  3. Payment for the order placed on our site is due immediately on the date of the order.
  4. You can make your payment using the payment options available on this website at the time of your purchase. These may include (for the applicable terms, follow the available links):
  5. PayPal;

  6. Direct Bank transfer (IBAN provided).

  7. Use of PayPal Payment services are subject to General terms as defined by Paypal according the country of origin of the Paypal user (www.paypal.com). By validating an order, the Customer must expressly accept the Paypal terms of use. The client’s attention is expressly drawn to the fact that we cannot be held liable for omissions or non-execution of Paypal Payment ‘services.
  8. We may offer alternative payment options in collaboration with third party payment providers, such as direct transfer, pay by installments or pay by invoice. If you choose such options, you agree to be bound by such third parties’ terms as indicated in the checkout process or in these Sales Conditions and acknowledge that such third parties process your personal data for the payment purposes.

 

4.Delivery

  1. We specify the estimated delivery times and the delivery fees of the available delivery options in the checkout process and in the order confirmation. For Custom in-ear monitors (IEMs) estimated delivery time will start running upon receipt of your ears impressions.
  2. If we cannot deliver within the estimated delivery time, we will contact you to inform you and to propose a new date. If we cannot deliver to you within 35 days of our order confirmation and you refuse later delivery, then you may cancel your order against refund.
  3. We ship all orders accepted to the delivery address you provided. We accept only delivery addresses in countries available in the check out process.
  4. Declaring lower value or false merchandise purpose on customs declaration would be illegal.

 

5.Passing of Ownership and Risk

  1. Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.
  2. The risk shall at all events pass to the Customers once the goods have been handed over to the carrier or freight forwarder. The goods delivery is operated by Swiss Post or private carrier. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.

 

6.Liability

  1. Our liability is excluded and limited to the farthest extent as permitted by law.

 

7.Law and Jurisdiction

  1. Contracts concluded on this website between you and us shall be governed and interpreted in accordance with the laws of Switzerland, without giving effect to its rules of conflict of laws and regardless of the place of its physical execution or performance. The application of the UN Convention on Contracts of the International Sale of Goods (CISG) is excluded.
  2. As far as legally permitted, disputes arising out of the conclusion, execution or cancellation of such contracts shall be exclusively decided by the ordinary competent courts of Neuchâtel, Switzerland, without restricting any right of appeal. Notwithstanding the above, each of the parties shall, however be authorized to seek interim orders and injunctive measures before any competent authority worldwide.
  3. In addition, for EU customers, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

8.Miscellaneous

  1. You may not assign any rights out of your contract with us to any third party without our prior written approval.
  2. Invalidity of any provision in these Sales Conditions shall not affect the validity of the contract between you and us.
  3. We can be contacted as follows: P-EAR-S Sàrl, Bahnofstrasse 87, CH 3232 Ins, Switzerland, telephone:  +41 79 347 98 04 email: info@p-ear-s.ch.

9.Right to Cancel

  1. You have the right to cancel this contract within 14 days without giving any reason. This applies only to Universal series to the exception of Custom in-ear monitors (IEMs) (as goods made to the consumer’s specifications or clearly personalized).
  2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product.
  3. To exercise the right to cancel, you must inform us (P-EAR-S Sàrl, Bahnofstrasse 87, CH 3232 Ins, Switzerland, telephone:  +41 79 347 98 04 email: info@p-ear-s.ch) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the Cancellation form.
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  5. You shall send back the products (including gifts if any) to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
  6. Only new, unworn products, together with their warranty card and in their original packaging, may be returned. All documents, including warranty and instructions, must be included with the original packaging. Damaged items or items with signs of use cannot be returned (you are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products), missing items will be subject to additional charges. Place the manufacturer’s box in a shipping box. DO NOT place stickers, labels, tape or markings on the manufacturer’s original packaging.
  7. The right to cancel does not apply to products which are tailor-made or clearly personalized, as Custom in-ear monitors (IEMs). The right to cancel does also not apply to services that have been fully provided and to the already executed delivery of digital content.
  8. Return transport costs incurred as a result of the cancellation are to be borne by the customer. We recommend that you use insurance for returns.
  9. How to proceed; Send an E-Mail to info@p-ear-s.ch with the following information:Client/Business name and Order Number/Invoice
    Serial number if available
    Reason for the return, in case of a specific description of the defect
    The goods must be packed in such a way as to protect the product and its packaging.
    – i
    nclude a copy of the original invoice in the packaging.
  10. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss of value of any products supplied, if the loss is the result of unnecessary handling by you.
  11. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any products supplied, or 14 days after the day you provide evidence that you have returned the products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products whichever is the earliest.