General Terms and Conditions
As of 6. August 2026
1. PROVIDER
The provider and contracting partner is:
Rock Tribe Audio
Owner: Fikret Pike Mujkic
Löwengartenstr. 42
9400 Rorschach
Switzerland
Website:
https://rocktribeaudio.com
Hereinafter referred to as "Rock Tribe Audio".
2. SCOPE
These General Terms and Conditions apply to all offers, deliveries, and services provided by Rock Tribe Audio to private individuals, companies, and other organisations.
They particularly apply to:
– Acoustic consulting,
– Acoustic measurements,
– Room acoustic analyses,
– Room acoustic planning,
– Project planning and consulting,
– Manufacture and sale of acoustic elements,
– Broadband absorbers,
– Bass traps,
– Ceiling Clouds,
– Diffusers,
– Custom-made products,
– Delivery and shipping,
– Assembly and installation,
– Additional project and service offerings.
Deviating conditions of the customer apply only if Rock Tribe Audio has expressly agreed to them in writing.
Individual agreements in the offer, in the order confirmation, or in a separate contract take precedence over these General Terms and Conditions.
Mandatory statutory rights of consumers remain unaffected.
3. OFFERS AND CONTRACT CONCLUSION
Representations, descriptions, and information on the website serve for general information and do not constitute a binding offer.
An inquiry submitted via the contact form, by email, by phone, or in any other way is non-binding.
A contract is concluded when:
– the customer accepts an offer from Rock Tribe Audio in writing,
– Rock Tribe Audio confirms the order in writing,
– or Rock Tribe Audio begins execution of the agreed service after consultation.
Written form includes, in particular, email, electronic order confirmations, and other permanently retrievable electronic communications.
Unless a different deadline is stated in the offer, the offer remains valid for 30 days from the date of issue.
Changes or additions after the conclusion of the contract require the consent of Rock Tribe Audio and may lead to adjustments in price, scope, and deadlines.
4. SCOPE OF SERVICES
The specific scope of services is derived from the respective offer, the order confirmation, the service description, the plans, or other written agreements.
Services not expressly agreed upon are not part of the order.
This particularly includes additional measurements, further planning variants, subsequent changes, additional trips, disassemblies, electrical work, painting work, plastering work, structural reinforcements, scaffolding, lifting equipment, or other work by third parties.
Rock Tribe Audio is entitled to make technically or aesthetically equivalent changes, provided that the agreed function and overall character are not significantly impaired.
5. CUSTOMER'S OBLIGATIONS TO COOPERATE
The customer must provide Rock Tribe Audio in a timely manner with all information necessary for the execution of the order.
This may particularly include:
– accurate room and building dimensions,
– current floor plans and drawings,
– information about wall, floor, and ceiling constructions,
– details regarding electrical, ventilation, and building services installations,
– photos and videos of the premises,
– information about existing facilities and installations,
– details regarding the intended use of the room,
– access to the premises,
– necessary permits and approvals.
The customer is responsible for the accuracy and completeness of the information provided by them or by third parties.
Changes to rooms, facilities, usage, speakers, listening positions, or structural constructions must be communicated to Rock Tribe Audio if they may be relevant for planning or execution.
Delays or additional effort due to missing, incorrect, or late information may be charged additionally.
6. ACOUSTIC MEASUREMENTS, ANALYSES, AND PLANNING
Acoustic measurements and evaluations refer to the condition of the room and the measurement conditions at the time of measurement.
The results may particularly be influenced by:
– room geometry,
– construction,
– furnishings,
– doors and windows,
– temperature and humidity,
– background noise,
– speakers and their placement,
– listening and measurement positions,
– use of the room,
– later structural or technical changes.
Measurement reports, recommendations, simulations, and plans are based on the available information and the conditions present at the time of service.
A specific acoustic improvement, a specific frequency response, a specific reverberation time, or a specific subjective sound result is only owed if this has been expressly and measurably agreed upon in writing.
Acoustic forecasts and simulations represent professional assessments. Deviations between forecasts and actual results may occur due to the actual construction, material properties, and use of the room.
7. CUSTOM-MADE PRODUCTS
Custom-made products are those that are manufactured or procured according to individual dimensions, colours, materials, fabrics, shapes, surfaces, technical specifications, or customer requests.
The customer is obliged to carefully check order drawings, dimensions, colours, materials, and other specifications before production begins.
With the approval, the customer confirms that the presented information meets their requirements.
Changes arising after approval can only be implemented if this is still technically and organisationally possible. The customer bears any resulting additional costs and delays.
Minor deviations in colours, grains, structures, fabrics, wood, surfaces, dimensions, and craftsmanship do not constitute a defect, provided they are typical for the material, technically unavoidable, or insignificant for use.
Screen displays and photos may represent colours and surfaces differently depending on the device, lighting, and recording conditions.
8. PRICES AND ADDITIONAL COSTS
The prices stated in the individual offer or in the order confirmation apply.
As far as VAT is due, it will be indicated in accordance with legal requirements.
Unless expressly included in the offer, the following services may be charged additionally:
– travel and journey time,
– overnight and travel expenses,
– shipping and packaging,
– customs and import costs,
– parking fees,
– scaffolding, lifts, and lifting equipment,
– material transport,
– disposal,
– waiting times,
– additional measurements,
– additional planning and modification services,
– work outside the agreed times.
For international deliveries, the customer bears any import duties, customs, local taxes, and fees unless otherwise agreed in the offer.
9. PAYMENT TERMS
The payment terms are derived from the respective offer or invoice.
Unless otherwise agreed, invoices are payable within 14 days from the invoice date without deduction.
Rock Tribe Audio may require an appropriate advance or partial payment, particularly for custom-made products, material procurement, extensive planning, or assembly projects.
Production or procurement must only begin after the agreed advance payment has been received.
In the event of payment default, Rock Tribe Audio is entitled to:
– temporarily suspend further services,
– withhold deliveries,
– demand reasonable reminder and collection costs,
– as well as assert the statutory consequences of default.
The right to assert further provable damages is reserved.
10. CHANGES AND ADDITIONAL SERVICES
Customer requests for changes after the conclusion of the contract are considered additional services unless they are already covered by the agreed scope of services.
Rock Tribe Audio will inform the customer, if possible, before execution about significant impacts on price and deadlines.
If an immediate decision is required to avoid standstill, damage, or disproportionate additional costs, Rock Tribe Audio may carry out and charge for necessary minor additional services at its discretion.
The customer bears additional costs that arise particularly from:
– subsequent change requests,
– incorrect plans or dimensions,
– unrecognised structural conditions,
– insufficient load-bearing capacity,
– concealed lines or installations,
– difficult access,
– waiting times,
– delays by other involved companies.
11. DEADLINES AND TIMEFRAMES
Stated delivery, planning, and execution dates are generally non-binding target dates unless expressly confirmed as binding.
Deadlines assume that:
– the customer provides all necessary information in a timely manner,
– necessary approvals are in place,
– agreed payments have been received,
– access and installation conditions are ensured,
– materials and preliminary services are available.
Delays due to force majeure, delivery bottlenecks, transport disruptions, official measures, illness, power or system failures, natural events, or other circumstances not attributable to Rock Tribe Audio extend the affected deadlines appropriately.
Rock Tribe Audio will inform the customer about significant delays as soon as they become apparent.
12. DELIVERY AND SHIPPING
Delivery method, delivery location, and shipping costs are derived from the respective offer.
The customer checks the delivery upon receipt for visible transport damage and missing parts.
Recognisable transport damage should be documented immediately with the transport company and reported to Rock Tribe Audio as soon as possible.
For consumers, the risk passes in accordance with mandatory legal provisions.
For business customers, the risk passes, unless otherwise agreed, upon handover of the goods to the transport company or the customer.
Partial deliveries are permissible, provided they are reasonable for the customer.
13. ASSEMBLY AND INSTALLATION
The customer ensures that the mounting surfaces and building components are sufficiently load-bearing and suitable for the intended attachment.
The customer informs Rock Tribe Audio before assembly about:
– concealed electrical lines,
– water and heating lines,
– ventilation lines,
– substructures,
– underfloor heating,
– weak load-bearing components,
– asbestos-containing or other hazardous materials,
– other special risks.
Rock Tribe Audio is not obliged to investigate concealed lines, pollutants, or static conditions without a separate order.
The assembly area must be freely accessible and sufficiently cleared. The customer protects or removes sensitive items and provides the necessary access, power, and lighting options.
If safe or proper assembly conditions are not provided, Rock Tribe Audio may interrupt or postpone the work. Additional costs arising from this may be charged to the customer.
Electrical, sanitary, fire protection, structural, and other licensed specialist work will only be carried out if expressly agreed and performed by appropriately qualified persons.
14. ACCEPTANCE AND DEFECTS
The customer checks the services rendered and the products delivered after handover or completion within a reasonable period.
Recognisable defects must be reported to Rock Tribe Audio as soon as possible and in a traceable manner.
The defect report should particularly include:
– a precise description,
– meaningful photos or videos,
– the date of detection,
– the affected service or product.
Rock Tribe Audio is given the opportunity to examine the reported defect and, if a defect exists, to remedy it within a reasonable period.
Mandatory statutory rights regarding defects and warranties remain unaffected.
15. WARRANTY
The statutory warranty rights apply unless a permissible deviating agreement has been made in the individual contract.
In the case of justified defects, Rock Tribe Audio may initially offer a remedy or replacement delivery at its discretion, provided this is reasonable for the customer and mandatory law does not stipulate otherwise.
No defects are particularly:
– usual or minor material and colour deviations,
– natural changes in wood, fabrics, or surfaces,
– normal wear and tear,
– damage due to improper use or cleaning,
– damage due to moisture, heat, direct sunlight, or unsuitable room conditions,
– changes due to interventions by the customer or third parties,
– damage from assembly not carried out by Rock Tribe Audio,
– consequences of incorrect customer information or dimensions,
– minor deviations without impact on function and use.
Special durability, performance, or result guarantees exist only if they have been expressly assured in writing.
16. CANCELLATION AND TERMINATION
A contract can only be cancelled or amended after its conclusion with the consent of Rock Tribe Audio, unless there is a statutory right of withdrawal or cancellation.
In the event of a cancellation requested by the customer, Rock Tribe Audio may charge, in particular, the following costs:
– already rendered work and planning services,
– ordered or reserved materials,
– services from third parties that can no longer be cancelled,
– production and preparation costs,
– transport and storage costs,
– further provable expenses.
In the case of custom-made products, cancellation may be excluded after the start of production or procurement, as far as this is legally permissible.
A voluntary general right of return or exchange exists only if expressly agreed.
Mandatory statutory rights of withdrawal, cancellation, and consumer rights remain unaffected.
17. INTELLECTUAL PROPERTY AND USAGE RIGHTS
Plans, drawings, measurement reports, calculations, concepts, visualisations, constructions, texts, photos, product designs, and other work results of Rock Tribe Audio remain protected by copyright and economically.
The customer receives the non-exclusive right to use the documents created for them for the specifically agreed project after full payment.
Without prior consent from Rock Tribe Audio, the documents may not be:
– reproduced or published,
– passed on to third parties for reproduction,
– used for other rooms or projects,
– altered and disseminated under another name,
– or commercially exploited.
The customer may pass necessary documents to project-related planners and companies, provided they use them exclusively for the specific project.
18. USE OF THIRD PARTIES
Rock Tribe Audio is entitled to engage suitable employees, suppliers, subcontractors, and specialist partners for contract fulfilment.
Rock Tribe Audio remains responsible for the proper provision of its own contractual services.
If the customer directly engages third parties, Rock Tribe Audio is not responsible for their services, deadlines, and errors.
19. LIABILITY
Rock Tribe Audio is fully liable for damages caused intentionally or through gross negligence, as well as in cases where a limitation of liability is not legally permissible.
In cases of slight negligence, Rock Tribe Audio is only liable for breaches of essential contractual obligations and only for the typically foreseeable direct damage.
Towards business customers, liability for indirect damages, consequential damages, lost profits, loss of use, production downtime, and data loss is excluded, as far as legally permissible.
Rock Tribe Audio is not liable for damages or additional expenses caused particularly by:
– incorrect or incomplete information provided by the customer,
– quantities or plans provided by the customer,
– unrecognisable structural defects,
– concealed installations or wiring,
– unsuitable mounting surfaces,
– unauthorised changes,
– improper use,
– work carried out by unauthorised third parties,
– force majeure.
Mandatory statutory liability claims, particularly for personal injury and under mandatory product liability law, remain unaffected.
20. DATA PROTECTION
Rock Tribe Audio processes personal data in connection with offers, contracts, deliveries, and services in accordance with the current privacy policy.
The privacy policy is available at:
https://rocktribeaudio.com/datenschutz/
The customer ensures that they are entitled to transmit personal data, photos, plans, and other documents.
21. ELECTRONIC COMMUNICATION
The contracting parties may generally transmit legal communications via email or in another agreed text form.
The customer is obliged to keep their contact details up to date and to inform Rock Tribe Audio of any changes in a timely manner.
Communications are deemed to have been received when they have been sent to the last known electronic or postal address and there is no apparent delivery error.
22. APPLICABLE LAW AND JURISDICTION
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods, as far as its exclusion is permissible.
For consumers, mandatory provisions of the state of their habitual residence and mandatory statutory jurisdictions remain unaffected.
For contracts with companies, Rorschach in the Canton of St. Gallen is the exclusive jurisdiction, as far as legally permissible.
Rock Tribe Audio is entitled to assert claims against a business customer at their registered office.
23. FINAL PROVISIONS
Should any provision of these General Terms and Conditions be wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected.
In place of the invalid provision, the applicable statutory provisions shall apply.
Rock Tribe Audio may adapt these General Terms and Conditions for future contracts. For an already concluded contract, the version applicable at the time of contract conclusion shall generally apply.
