General Terms of Trade
1.1 Area of Validity
These General Terms and Conditions shall apply to all business relationships between us Swissshoparea GmbH, Dufourstrasse 81, 8008 Zürich, and you, in the version that is valid at the time of contract conclusion. Should you use contrary General Terms and Conditions, these are hereby expressly rejected forthwith.
1.2 Contract Agreement
Contract language is German and English. If you are younger than 18, you will need the consent of your legal representative to place an order.
In order to use the complete scope of our websites, a customer account is required. For this purpose, we ask for data in order to provide our services. The data will be confirmed by clicking the button “Register”. You will then receive an Account Activation e-mail and a welcome e-mail providing the necessary log-in details. Registration will only be completed once you log into our website for the first time.
The password which gives you access to a personal area, as well as the password which must be assigned later in order to access our online shop, are to be treated with strict confidentiality and may not be distributed to third parties. You should take the appropriate and necessary measures to prevent knowledge of your passwords transferring to any third party. A customer account cannot be transferred to another user/customer, or any other third party.
1.4 Close of Contract
The presentation of the assortment in our online shop is initially non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data, including billing address and, if applicable, different delivery address, if you have not already stored these in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to review all information (i.e., name, address, method of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the button "purchase now". With this order, you initiate a legally-binding contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, by post or by notifying the dispatch of the goods . The contract only comes into existence upon acceptance.
The contract’s text body will be saved by us and will be sent to you in writing (e.g., e-mail, facsimile or regular mail) along with these General Terms and Conditions and Customer Information after your order has been submitted. The contract’s text body cannot, however, be accessed by you via the website following your submission of order. You may print the applicable website page showing the contract’s text body through the browser’s Print function.
2.1 Partial deliveries We are entitled to partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Performance Delays
Delays of performances and services based on Acts of God/force majeure, and extraordinary and non-foreseeable events, which cannot be prevented by ourselves despites precautionary measures (including for example, strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller), are outside our control. We take no responsibility and assume no liability for delays or postponements caused by any such circumstances. They entitle us to postpone delivery by the period of the relevant circumstance.
Should we be unable to provide a service, based on the above-mentioned reasons, we may cancel the contract. We commit to inform you without delay about the non-availability and will reimburse payments for any services we are no longer able to fulfill.
2.4 Exclusion of delivery
PO Box addresses are not supplied.
2.5 Default of acceptance
If you default the delivery of the order, we are able to withdraw from the contract and claim damages for delay or non-performance, after we confirmed you with a reasonable period. During the default of acceptance, you carry the risk of accidental loss or accidental deterioration.
2.6 Time of Performance
Provided nothing else has been expressly agreed upon, we shall perform the services during five (5) days. With prepayment, the period for the service commences on the day following payment order with the financial institution making the transfer. The period ends on the following fifth (5th) day. Should the last day of the period fall on a Saturday, Sunday or Federal / generally recognized Holiday, the period ends on the next business day.
3.1 Prices All prices include VAT. Also, there are the separately reported costs for packaging and shipping, unless you agree on collection at our place of business.
3.2 Delay of payment
You will be in default of the payment if the payment is not received within two weeks after receipt of invoice. If you default your payment, we have the right, to get default charges in the amount of 2.50 euros.
3.3 Right of retention
The enforcement of the right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.
4. Notice to the Right of Cancellation for consumers with long-distance contracts
Notice to the Right of Cancellation
You may cancel this contract within fourteen (14) days without stating any reasons. The cancellation period lasts fourteen (14) days from the day of closing the contract. To exercise your right of cancellation, you must inform us (Swissshoparea GmbH, Dufourstrasse 81, 8008 Zürich, Web: www.swissshoparea.ch, E-Mail: firstname.lastname@example.org) with a clear statement (e.g., a letter mailed through the postal service, by facsimile, or e-mail) regarding your decision to cancel this contract. For this purpose, you can use the enclosed sample Form of Cancellation although this is not mandatory. To adhere to the cancellation period, it suffices, that you send the notice to execute the right to cancellation before the end of the cancellation period.
Consequences of cancellation
In case of your contract cancellation, we are required to return all payments to you which we have received from you, including the shipping cost (with the exception of additional cost caused by a different kind of delivery method than our lowest standard delivery offered), without delay and within fourteen (14) days at the latest, from the day when we have received the notice of your contract cancellation. For this return of payment, we shall use the same form of payment which you used for your original transaction, except where expressly agreed to with you otherwise; under no circumstances will you be charged with fees for this return of payment. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
- End of Cancellation Notice -
Exclusion of the Right of Cancellation
The right of cancellation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of cancellation for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special instructions for premature termination of the Right of Cancellation
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the sealing of the goods has been removed after delivery. For contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of cancellation expires prematurely if the seal has been removed after delivery.
5. Retention of title
The delivered goods remain in our property until full payment of the purchase price. You have to treat the goods under simple retention of title at any time with care. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the delivered goods. If you behave in breach of contract, especially in case of default, we are entitled to take back the purchased item. In the withdrawal of the thing, in this case, is no resignation from the contract, unless we explain this explicitly in writing.
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise about the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular, about the descriptions, representations, and information in our offers, brochures, catalogs, on the website and other documents may lead to technical and design differences (e.g., color, weight, dimensions, design, scale, positioning, etc.), as far as these changes are reasonable for you. Such reasonable reasons for change may arise from commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions in each case with the product. Possible guarantees do not affect the warranty rights.
6.2 Guarantee to consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you realize that the outer packaging arrives damaged or notice damage on receipt of the goods, we ask you to inform us. However, there is no obligation to make such a notification, nor are the warranty rights affected by any failure to do so. If the goods are defective, you can optionally demand supplementary performance in the form of repair or subsequent delivery. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw or reduce the price.
6.3 Guarantee to entrepreneurs
Contrary to the legal warranty regulations, it applies to contractors that in the event of a defect we provide the supplementary performance in the form of the elimination of the defect or the new delivery. The risk of accidental loss or deterioration of the thing is already transferred to the person destined for transport to you. Entrepreneurs must immediately report obvious defects and non-obvious defects immediately upon discovery in writing. Otherwise, the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
6.4 Rights with an insignificant defect
If there is only an insignificant defect, you have the exclusive right to reasonably reduce the purchase price to the exclusion of the right of withdrawal.
6.5 Damages for defects
No warranty is given for damages resulting from improper handling or use. The following disclaimer is expressly indicated.
6.6 Statute of limitations
For used goods, the warranty is one year. As far as you are an entrepreneur, the warranty for used goods is excluded, and for new goods, this is one year. Excluded from this is the recourse claim under § 478 BGB (German Civil Code). The shortening of the statute of limitations expressly excludes the liability for damages resulting from injury to life, limb or health or in case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
7.1 Liability exemption disclaimer
We, and our legal representatives and associated agents, shall only be liable for intent or gross negligence. As far as significant contract duties (consequently such duties, whose adherence are of considerable meaning for the reaching of the contract purposes) are affected, even slight negligence is covered. Liability is limited in this case to foreseeable, contract-typical, immediate average damages. We shall be liable towards business owners in case of a grossly negligent violation of non-essential contractual duties only in the amount of the foreseeable, contract-typical damage.
7.2 Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
8. Final Clauses
8.1 Place of Jurisdiction Our head office is agreed as the exclusive place of jurisdiction for all litigation proceedings based on this contract, as far as you are a merchant, a corporate body under public law or a separate public estate or as far as you don’t have a place of jurisdiction in Switzerland.
8.2 Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall be valid excluding the UN Convention on the International Sale of Goods.
8.3 Consumer Dispute Settlement Procedure (B2C)
The European Commission has created an Internet platform for Online Dispute Settlement Procedures regarding contractual responsibilities originating from online contracts (OS Platform). You can reach the OS Platform by clicking the following link: http://ec.europa.eu/consumers/odr/. We are not required and not willing to participate in this Dispute Settlement Procedure before a Consumer Arbitration Board.
8.4 Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.