Terms and Conditions

Mana music ag reserves the right to decide about accepting the order. The offers of mana music ag are non-binding without commitment. The products and prices on this website are non-binding offers. With the placement of an order through this website, including terms and conditions, the customer and the dealer make a binding offer for the conclusion of contract. Mana music ag will then send an automated order confirmation by e-mail, confirming that the offer of the customer or dealer has arrived at mana music ag. Once an order has been placed it is binding for the customer and the dealer. There is no right of return or withdrawal unless an exception is explicitly noted. The contract is concluded as soon as mana music ag sends an order confirmation via e-mail. Orders will only be delivered after full payment has been received (except delivery on invoice) and if the goods are in stock. Should the ordered goods turn out not to be in production anymore, mana music ag has the right to not execute the order. In that case mana music ag will inform the customer or dealer. Should mana music ag already have received payment from the customer, the customer will be fully refunded. Should the payment not have been executed yet the customer will be freed from payment obligation.

Changes in price and assortment are subject to change without notice. All data on www.martinguitar.ch (product descriptions, pictures, illustrations, films, technical specifications, relations of accessories and further information) serve the purpose of illustration and are to be understood as approximation and are non-binding. They particularly are no assurance of characteristics or guarantees. Mana music ag strives to offer all data and information on this website correctly, completely, currently and clearly, however mana music ag cannot guarantee this, neither expressively nor implicitly. All offers on this website are without commitment and are not to be understood as binding quotes. Mana music ag cannot guarantee the availability of the listed products at the time the order is placed. Therefore all information on availability and delivery time are subject to correction and can change at any time without notice.

Wood is a natural product. Therefore it's natural characteristics, deviations and features are to be taken into account at all times. The customer and the dealer especially have to take in account it's biological, physical and chemical characteristics. The spectrum of natural nuances in colour, structure and other characteristics is part of the features of wood as a natural product and is no reason for complaint or liability. If necessary the customer has to seek professional consultation. Upon receiving a shipment the product must remain inside the cardboard packaging for 24 hours for acclimatisation. Only then the customer or dealer may open the packaging.

mana music ag may process and use the data acquired in the process of the conclusion of contract for marketing purpose. Data that is necessary for service fulfillment may be passed on to assigned service partners (logistic partner) and other third parties. The privacy policy can be found under the following link:

• General reference

Based on article 13 of the Swiss federal constitution and the federal privacy regulations (Datenschutzgesetz, DSG) every person is entitled to protection of their privacy as well as protection from misuse of their personal data. The operators of this website take the protection of your personal data very serious. We handle your personal data confidentially and according to privacy laws and the privacy statement. We do our best, in collaboration with our hosting providers, to protect the database from unauthorised access, loss, misuse and fraud. We point out that any data transfer through the internet (such as communication by e-mail) can have security gaps. A complete protection of data from access by third parties is not possible. By use of this website you agree to survey, processing and use of data according to the following description. This website can be visited without registration. Data such as visited pages, name of used files, date and time will be saved on the server without direct connection to your person. Personal data, especially name, address or e-mail will, wherever possible, be gathered voluntarily. No data will be passed on to third parties without your consent.

• Processing of personal data

By personal data we mean any kind of data referring to a specific or specifiable person. Processing includes any use of personal data, regardless of means, methods especially storage, disclosure, acquisition, deleting, saving, alteration, destruction and use of personal data. We process personal data in accordance to Swiss data protection law. Furthermore we process data – where EU-DSGVO is applicable – in accordance to legal basis in connection with article 6, paragraph 1 DSGVO:

• lit. a) Processing of personal data consent of the person in question.
• Lit. b) Processing of data for fulfilment of a contract with the person in question and for implementation of precontractual measures.
• Lit. c) Processing of personal data for fulfilment of legal obligation to which we are subject according to possibly applicable EU law or according to possibly applicable national law, in which the DSGVO is applicable in whole or in part.
• Lit. d) Processing of personal data in order to protect vital interest of the person in question or another natural person.
• Lit. e) Processing of personal data in order to protect the justified interests of ourselves or third parties, unless the basic freedoms and basic rights, as well as interest of the person in question prevail. Justified interests are particularly our economic interest, to provide our website, security of information, the enforcement of legal claims and compliance with Swiss law.

We process personal data for the duration that is necessary for the purpose or purposes in question. In case of longer rentention obligation, due to legal or other obligations we are subject to, we limit the processing accordingly.

• Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam as well as Youtube for embedding videos. These services of Google LLC of America use, among other things, cookies. Therefore data will be transferred to Google in the USA. We presume that there will be no personalised tracking through the use of our website alone. Google has commited itself to provide an adequate privacy protection according to the American-European and American-Swiss Privacy Shield. For further information please consult Google's privacy statement.

• Privacy statement for contact form

If you send us an inquiry through our contact form, your information from the contact form, including the contact data provided there, will be stored so we can process the inquiry and in case of follow-up questions. We will not forward this information without your consent.

• Use of Google Maps

This website uses Google Maps. This enables us to show you interactive maps directly on the website and enable you to comfortably use the map functions. Through the use of our website, Google will receive the information that you visited the sub-page in question of our website. This happens regardless of whether Google provides a user account or if there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish the assignment to your google profile you will need to log out before activating the button. Google stores your data as user profiles for the purpose of advertisement, market research and/or needs-based design of their website. Such analysis takes place especially (even for non logged in users) for the purpose of rendering needs-based advertisement and in order to inform other users of the social network about your activity on our website. You have the right to object against the development of these user profiles, whereby you will have to address Google to do so. You will find further information about the purpose and extent of the data collection and its processing by Google about your according rights and setting options for the protection of your privacy at: www.google.de/int/de/polocies/privacy

• Google AdWords

This website uses Google Conversion-Tracking. If you arrived on our website through an add on Google, Google Adwords will place a cookie on your computer. The cookie for Conversion-Tracking will be placed, when a user clicks on an add placed by Google. These cookies lose their validity after thirty days and do not serve personal identification. If a user visits certain pages of our website and the cookie has not expired yet, we and Google can recognise that the user has clicked on the add and has been forwarded to this page. Each Google AdWords client receives a different cookie. Therefore cookies cannot be traced through the websites of AdWords clients. The data collected by means of the conversion cookie serve the purpose of creating Conversion statistics for AdWords clients who have chosen conversion tracking. Clients are informed about the total number of users who have clicked on their add and have been forwarded to a page equipped with a conversion tracking tag. However, they receive no information that could serve to personally identify users. If you don't wish to take part in tracking you can refuse the placement of a cookie – either by setting your browser settings to deactivate the automatic placement of cookies in general or by setting your browser to block cookies from the domain „googleadservices.com“. Please remember to not delete the opt-out-cookies as long as you wish no measuring data to be recorded. If you have deleted all of your cookies in the browser, you have to place the opt-out-cookie concerned anew.

• Privacy statement for Facebook

This website uses functions of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Upon visiting our pages with Facebook plugins a connection between your browser and the servers of Facebook will be made. During that process there will already be a transfer of data to Facebook. If you have a Facebook account this data can be connected with it. If you don't want this data to be connected to your Facebook account you need to log out of Facebook before visiting our website. Interaction, in particular clicking a „like“ or „share“ button, will also be forwarded to Facebook. For further information please consult https://de-de.facebook.com/about/privacy.

• Privacy statement for Instagram

Our website integrates functions of Instagram. These functions are supplied by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. When logged into your Instagram account you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to assign your visit to our pages to your account. We like to point out that we, as the provider of this website, receive no knowledge of the contents of the transferred data and its use by Instagram. For further information please consult Instagram's privacy statement at http://instagram.com/about/legal/privacy/

• Ordering process through the online-shop

We process our customers' data in accordance to the federal privacy protection laws (Datenschutzgesetz, DSG) and the EU-DSGVO, in the course of the ordering processes in our online-shop to enable you to choose and order the chosen products and services and to enable their payment and delivery respectively execution. The processed data include master data (inventory data), communication data, contract data, payment data. People affected by the processing of data include our customers, interested people and other business partners. The processing happens in order to fulfil contractual services in the course of running an online-shop, settlement, delivery and customer services. On this occasion we place session cookies, for example to save the contents of your shopping basket and permanent cookies, such as for saving your log in status. The processing takes place based on Art. 6 par. 1 lit. b (Durchführung Bestellvorgänge) and c (Gesetzlich erforderliche Archivierung) DSGVO. Thereby information that is marked as needed for reason and fulfilment of the contract are needed. We only disclose this data to third parties in the course of delivery, payment or in the course of legal permission and duties. The data will only be processed in third countries if this is necessary for the fulfilment of the contracts (such as upon delivery or payment by customers request). Users can set up a user account which will particularly allow them to see their orders. The users will be informed of the necessary mandatory details in the course of registration. The user accounts aren't public and cannot be indexed by search engines, such as Google. When users delete their user account, their data concerning the user account will be deleted. Unless their storage is necessary for reasons of trade- or tax laws according to Art. 6 par. 1 lit. c DSGVO. Information in the customer account remain until being deleted, followed by storage in case of legal obligations. It behoves the users to store their data in case of a termination before the end of the contract. We save the IP adress and the time concerning the users action in the course of registration and new application and use of our online services. The storage happens on the base of ours and our users justified interest in protection from misuse and further unauthorised use. There will in principle be no forwarding of information to third parties unless it is necessary for the persuit of our claims or if there is a legal obligation in accordance to Art. 6 par. 1 lit. c DSGVO. Takes place after the expiration of legal warranty and similar obligations. The necessity of the storage of data will be reviewed in irregular intervals. In case of legal obligations of storage, data will be deleted after their expiration.

• copyright

Copyright as well as all other rights to contents, illustrations, photos and other files on the website exclusively belong to the provider of this website or the specifically named owners of said rights. Written consent of the copyright owner needs to be sought in advance of any reproduction of any files. Whoever commits a breach of copyright without consent of the copyright owner concerned is liable to prosecution and may be liable for damage.

• Change

This privacy statement is subject to change without notice. The current version that is published on our website applies. Should the privacy statement be part of an agreement with you, you shall be informed of any update by e-mail or other suitable means.

The enduser prices displayed on www.martinguitar.ch include Swiss sales tax, unless noted otherwise. The prices are strictly net in Swiss Francs (CHF). Dealer prices exclude legal sales tax. The dealers' prices are off the shelf excluding package and shipping. Mana music ag is entitled to charge dealers and customers with the current list price, valid on the day of delivery. The prices of the products the dealer buys under these conditions are retail prices, suggested by mana music ag for each piece of merchandise, valid on the day mana music ag can deliver and ships the dealer's order and are subject to the applicable discounts that are disclosed in the dealer level list of the dealer agreement. Mana music ag may occasionally adapt all prices at their own discretion. The dealer has to fully pay bought products in CHF in accordance with the invoices by mana music ag at the disclosed payment conditions. Should the delivery be delayed in part or entirely, by circumstances that mana music can't be held accountable for, especially such as events of higher force, such as traffic disruptions, strike, fire, water damage, power cut, interruption of operations, official measures, lockout, supply shortage or other unavoidable events – even if they take place at mana music ag's suppliers or their sub-suppliers, mana music ag is entitled to extend the delivery time by the duration of the obstruction plus an appropriate start-up period, even in case of binding agreements of time limits and dates. Technical changes, errors and misprints remain reserved, and mana music ag is especially entitled to change prices any time and without notice.

Deliveries will be shipped to the address, supplied by the customer in the order by mail or currier service. Mana music ag tries hard to keep delivery times as short as possible. However, delivery times stated in the order confirmation are not binding. Mana music ag is entitled to make partial deliveries. In that case the dealer and customer will only be charged once with shipping fees. Should the delivery be undeliverable or should the customer or dealer decline to accept it, mana music ag may terminate the contract, following a message to the customer by e-mail and subject to a period of grace and to charge them with the activities. The customer and dealer are obligated to inspect the received goods for any faults upon reception (the acclimatisation period of 24 hours must be kept - further information under „characteristics of wood“) and to report any faults, guaranteed by mana music ag, immediately by mail or e-mail to the address stated in the imprint. Returns to mana music ag take place at the expense and risk of the customer. The customer has to send the goods to the return address communicated by mana music ag, in their original packaging, complete with all accessories, with the delivery note and a detailed description of the faults. Should the inspection by mana music ag show no ascertainable faults or if the faults are not covered by the manufactors warranty, mana music ag may charge the customer for activities, return shipping or possible disposal.

The warranty period for material defects or defects of title towards the dealer is 24 months and begins with the transfer of risk. The customer or dealer is obligated to supply mana music ag with any information and verifiable documents needed for the assessment of a defect. If the defect can't be determined by the inspection by the seller, the customer bears the cost of the inspection. In the case of the presence of a defect, mana music ag is entitled by their own discretion to make up to three attempts of rectification or redelivery (supplementary performance). If operational or maintenance instructions by mana music ag are not followed, if alterations to the products are performed, parts get exchanged or consumables are used that don't comply with the original specifications, any warranty is void if the customer or dealer doesn't disprove an according substantiated claim that it was one of these factors that lead to the fault. The following are specifically not considered as faults: discrepancies in measurements and nuances in colouration as well as splits of the wood and other damages that can occur in wood as a natural product. If the customer or dealer invokes the absorption of warranty by mana music ag he bears the burden of proof of the presence of a warranty claim.

The seller reserves the title of ownership of the delivered goods until having received all payments resulting in the terms and conditions. In the case of behaviour contrary to contract by the customer, in particular default of payment, the seller is entitled to demand the withdrawal of the delivered goods. Within withdrawal lies the rescission from the contract.

Claims of damages against mana music ag, as well as against their suppliers, are excluded, regardless of their legal grounds, unless deliberate or negligent actions are present. As long as mana music ag isn't blamed for intentional breach of contract, claims of liability are limited to damage that is typical for the kind of contract and foreseeable. If the customer invokes the absorption of a warranty claim he bears the burden of proof for the presence of a claim of warranty. Neither the dealer nor mana music ag can be held accountable for compensation, reimbursement or damages by the customer on the basis of withdrawal from this agreement.

Should individual provisions of these terms and conditions prove to be invalid or impracticable or become invalid or impracticable, the effectiveness of the remaining provisions remains untouched.

mana music ag expressively reserves the right to change and implement the present terms and conditions without notice. In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UM sales law (CISG, Vienna Sales Law) is explicitly excluded. Subject to other legal provisions, this website and its use as well as services associated with the website are subject exclusively to Swiss law. The exclusive place of jurisdiction for all disputes in connection with the use of this website is the place of jurisdiction of the municipality of Grellingen (BL).

The parties agree that Grellingen (BL) is the place of jurisdiction and fulfillment of their mutual rights and obligations. If you have any questions about these terms and conditions, please contact: Imprint.