MyPiece Mouthpieces GmbH
Terms and Conditions

1. Scope of application

These General Terms and Conditions ("GTC") apply to the entire business area of MyPiece Mouthpieces GmbH, 3912 Termen. The Company owns and operates the platform mypiece.me and manufactures mouthpieces for brass instruments that are ergonomically adapted to the shape of a musician's mouth. A Professional Line and a Basic Line (customized standard products) are offered to the customer. These GTC apply to the above-mentioned areas as well as to the other services that the company provides directly and indirectly to the customer.

2. Conclusion of contract

The contract is concluded by the customer's order when the customer makes use of the services offered by the company or purchases or uses the company's products.

3. Prices

Unless otherwise quoted, all prices are in CHF, EUR, or USD. All prices are exclusive of any applicable value added tax (VAT).

The prices are exclusive of any other applicable taxes. The company reserves the right to change prices at any time. The prices valid on the website mypiece.me at the time the contract is concluded shall apply or according to the company's separate price list. The prices valid at the time the contract is concluded shall apply to the customer.

4. Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via stripe, credit card, Paypal or other payment systems.

An address and creditworthiness check is carried out to determine whether delivery can be made against invoice. The personal information relevant for order and payment processing may be transmitted to the Swiss Creditreform Gen association and also to partner companies. The Creditreform data protection declaration (DSE) applies to this.

The company reserves the right to demand advance payment at any time without giving reasons.

If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not settle the invoice within the set reminder period, he shall automatically be in default. From the time of default, the customer shall owe default interest in the amount of 5%. The invoiced amount may not be offset against any claims the customer may have against the company. The Company shall be entitled to refuse to provide the service, deliver the product or grant the license in the event of late payment.

5. Obligations of the company

5.1 Provision of services

Unless otherwise agreed, the company fulfills its obligation by providing the agreed service. The service includes the services that are or were published online at the time the contract was concluded. The majority of the company's services are provided online. For all other services, the Company's registered office shall be the place of performance, unless otherwise agreed.

5.2 Auxiliary persons

The parties have the express right to engage auxiliary persons to perform their contractual duties. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.

6. Obligations of the customer

6.1 Exercise of the rights of use

The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of their access data and passwords. The customer is responsible for the content of the data and information collected.

6.2 Obligations to cooperate

The Client is obliged to make all arrangements necessary for the provision of the service by the Company without delay. The client must make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing suitable information and making documents available to the Company.

Furthermore, the customer is obliged to cooperate fully and promptly. He must provide the Company with all documents required in connection with the provision of services in full and with correct content. The Company may assume that the information and documents provided are correct and complete and comply with the statutory duties to cooperate and provide information. The Company shall only be responsible for checking the accuracy and correctness of the Client's information, documents and figures if this has been agreed in writing in advance.

6.3 Further obligations

The customer is fully responsible for the secure storage of their access data and passwords. The customer is responsible for the content of the data and information collected.

The company is entitled to monitor the behavior of customers in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of content entered by the customer on the online platform at any time.

By accepting these GTC, the customer also confirms that he/she has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in compliance with the rights of third parties, common decency and the law.

7. Resignation

7.1 Services

Both parties have the right to withdraw from the contract at any time. The withdrawing party must compensate the other party in full for any expenses already incurred. Withdrawal at an inopportune time is not permitted. The customer shall be invoiced for the costs incurred as a result of the withdrawal.

7.2 Products

The exchange of products is generally excluded.

8. Reservation of title

Ownership of the products shall remain with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, and in particular may not sell, lease or pledge them.

9. Warranty

The company endeavors to ensure good availability of mypiece.me and takes reasonable precautions to protect mypiece.me from interference by third parties. However, it cannot guarantee that mypiece.me and the services offered will function without interruption or disruption, nor can it guarantee that the files are free of viruses. The company provides no guarantee for the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot provide any warranty for non-spamming, malicious software, spyware, hackers or phishing attacks etc. that impair the use of the service, damage the infrastructure (e.g. end devices, PC) of the customer or harm the customer in any other way. The company cannot guarantee the accuracy, completeness, reliability or quality of the information and processes provided, published or transmitted, or the results of the services. Any problems or defects must be reported to the company immediately.

The company must be notified immediately of any defects. The company is free to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded.

10. Liability

Liability for any indirect damages and consequential damages is excluded in full. Liability for direct damages is limited to the amount of the service, product or license purchased by the customer. The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in full.

11. Intellectual property rights

The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner. Neither these GTC nor any associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless explicitly authorized by the company.

If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

12. Data protection

The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer agrees in full to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties. Furthermore, the data protection regulations apply.

13. Changes

These General Terms and Conditions may be amended by the company at any time. The new version shall enter into force upon publication on the Company's website. In principle, the version of the GTC in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.

14. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC shall take precedence over these GTC.

15. Severability clause

Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.

16. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.

17. Force majeure

If the Company, its suppliers or third parties involved are unable to fulfill their obligations on time due to force majeure such as pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The company shall reimburse the customer in full for any payments already made.

Any further claims, particular claims for damages as a result of vis major, are excluded.

18. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.