General Terms and Conditions
1. Geltungsbereich
Diese Allgemeinen Geschäftsbedingungen (AGB) gelten für alle Geschäftsbeziehungen zwischen der Marc Eschmann Music (nachfolgend MEM genannt), vertreten durch Marc Eschmann, Göttibachweg 30B, 3600 Thun und seinem Kunden. Die AGB gelten sowohl für Privat- als auch für Geschäftskunden.
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1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between Marc Eschmann Music (hereinafter referred to as MEM), represented by Marc Eschmann, Göttibachweg 30B, 3600 Thun, and its customers.
The GTC apply to both private and business customers.
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2. Conclusion of Contract
2.1. The presentation of services and products on the MEM website and in other advertising materials does not constitute a legally binding offer, but an invitation to submit an order.
2.2. By ordering a service or product, the customer submits a binding offer. The contract is only concluded upon the express acceptance of the offer by MEM.
2.3. Offers (quotations) from MEM are valid for 30 days from the offer date, unless otherwise stated.
2.4. Cost estimates are non-binding. Should deviations from the cost estimate become necessary during the execution of the work, the customer will be informed immediately. Billing is based on the actual effort.
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3. Services
3.1. MEM provides services in the fields of songwriting, music production, scoring, mixing, and mastering. The exact scope of services is determined individually in the respective contract.
3.2. MEM reserves the right to make changes to services, provided these are reasonable for the customer.
3.3. Changes will be communicated to the customer in due time.
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4. Prices and Payment Terms
4.1. All prices are in Swiss francs (CHF).
4.2. Payment is made in accordance with the payment terms specified in the offer or order confirmation.
4.3. In the event of late payment, we reserve the right to charge reminder fees of CHF 30.- and default interest of 5% per year on the outstanding amount.
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5. Right of Withdrawal for Private Customers
5.1. Private customers have the right to withdraw from the contract within 14 days without giving reasons.
5.2. To exercise the right of withdrawal, the customer must submit a clear written declaration to MEM of their decision to withdraw from the contract.
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6. Termination
6.1. Both parties may terminate the contract without notice for good cause.
6.2. In the event of termination, services already provided must be remunerated in accordance with the contractual agreements.
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7. Liability and Warranty
7.1. MEM’s liability for breaches of contractual obligations and for tort is limited to intent and gross negligence.
7.2. For damages caused by simple negligence, MEM is only liable if a material contractual obligation has been breached. In such cases, liability is limited to the foreseeable damage that is typical for this type of contract.
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8. Acceptance and Notice of Defects
8.1. The customer is obliged to examine the services provided immediately upon receipt and to report any defects in writing within 7 days.
8.2. If defects are not reported within this period, the services are deemed to have been accepted.
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9. Rights and Obligations of the Customer
9.1. The customer shall provide MEM with all materials and information necessary for the provision of services in due time and in suitable form.
9.2. The customer is obliged to hold all necessary copyright, neighboring rights, and other rights to the materials provided to MEM.
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10. Rights and Obligations of MEM
10.1. MEM undertakes to provide the contractually agreed services professionally and on time.
10.2. MEM reserves the right to have services provided in whole or in part by third parties.
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11. Copyright and Usage Rights
11.1. All works created by MEM (e.g., music productions, songs) remain the property of MEM until full payment has been made.
11.2. Upon full payment, the customer acquires the agreed usage rights to the created works. The transfer of usage rights to third parties requires the written consent of MEM.
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12. Confidentiality and Data Protection
12.1. MEM undertakes to treat all information disclosed in the course of the business relationship as confidential.
12.2. The customer agrees to the processing of their personal data within the scope of the contractual relationship. Further information on data protection can be found in the privacy policy.
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13. Final Provisions
13.1. Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2. The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of MEM in Oberkulm.
13.3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Statutory provisions shall replace the invalid clause.
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14. Update
These General Terms and Conditions form part of the contract and may be amended by MEM at any time. The version published here at the time of conclusion of the contract shall apply.
Last updated on April 22, 2025