GENERAL TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Place of jurisdiction
- SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of SwissExtract AG (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
- CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller’s online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login data. 2.5 Before the order is binding, the Seller will make the order text available to the customer.
2.5 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
- RIGHT OF WITHDRAWAL
3.1 Consumers have the right to cancel the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the consumer or a named third party who is not the carrier takes possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform us of his or her decision to withdraw from the contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the withdrawal period, it is sufficient that he or she sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consumers:inside do not have the right to withdraw from contracts concerning:
Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection for determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. quickly perishable).
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
In case of an effective revocation, all payments received by SwissExtract will be refunded. SwissExtract can refuse the repayment until it has received the goods back or until proof has been provided that the goods have been returned, whichever is earlier. For the repayment, SwissExtract uses the same means of payment that was used for the original transaction.
The direct costs of the return shipment shall be borne by the consumer:in. The return of goods that cannot be sent as a parcel (in particular plants without suitable and appropriate special packaging) will be sent by a forwarding agent and must also be borne by the consumer.
4.1 Returns to SwissExtract AG are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address provided by Alpinols.ch. If Alpinols.ch’s inspection reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, Alpinols.ch may charge the customer for the hassle, return or possible disposal.
Return address: SwissExtract AG, Dorfstrasse 78, 3216 Ried b. Kerzers
- PRICES AND TERMS OF PAYMENT
5.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 In the case of deliveries to countries outside Switzerland, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside Switzerland but the Client makes the payment from a country outside Switzerland.
5.3 The customer has various payment options available to him, which are indicated in the seller’s online shop.
5.4 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. Furthermore, the Seller reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check. 5.5.
5.5 In the case of payment in advance, invoices are due for payment within 14 days net. The goods will only be delivered after full payment of the invoice. The buyer shall be in default of payment if he receives a reminder. From the beginning of default, we are entitled to charge interest at a rate of 5 %. During the period of default, SwissExtract AG is also entitled to withdraw from the contract at any time and to claim compensation for the loss of the contract.
- DELIVERY AND SHIPPING CONDITIONS
6.1 Delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive in the processing of the transaction.
6.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision on this in the seller’s instructions on withdrawal shall apply to the costs of returning the goods.
6.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously notified the customer of such person or institution.
6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6.5 Self-collection is not possible for consumers in the sense of a natural person for logistical reasons. Entrepreneurs in the sense of a natural or legal person can collect raw and finished goods from the SwissExtract logistics centre. Direct collection is only possible by separate arrangement.
- RESERVATION OF OWNERSHIP
7.1 If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
- LIABILITY FOR DEFECTS (WARRANTY)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
- REDEMPTION OF PROMOTION VOUCHERS
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
- APPLICABLE LAW
All legal relations between the parties shall be governed by the laws of Switzerland, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in Switzerland, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is domiciled outside Switzerland, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring an action before the court at the customer’s place of business.