General Terms and Conditions under Swiss law
1. General
All services provided by the online shop for the customer are carried out exclusively on the basis of the following general terms and conditions. Deviating regulations shall only apply if they have been agreed in writing between the online shop and the customer. The customer expressly acknowledges these general terms and conditions with his order.
2.Contract conclusion
Only persons who have reached the age of 18 and are not limited in their ability to operate at the time of conclusion of the contract are entitled to conclude a contract with the online shop. We only sell in commercial quantities. The offers of the online shop on the Internet are a non-binding offer to the customer to order goods in the online shop. By ordering goods from the online shop on the Internet, the customer makes a binding offer for the conclusion of a purchase contract. The online shop is entitled to accept this offer within 10 calendar days by sending an order confirmation. The order confirmation is carried out by RudeZone, but at the latest with delivery of the goods. We are free to decide whether to accept an order. If we will not place an order, we will notify the customer immediately. If a product is no longer available, we will also notify the customer immediately. In this case, no contract is concluded. The order confirmation, which is automatically sent to the customer immediately after the order, does not constitute a legally commercial acceptance on our part. Automatic e-mail notification is only considered an acknowledgement of receipt. After the 10-day period has expired unanswered, the offer is deemed to have been rejected.
3. Right of withdrawal
3.1
The customer is entitled to withdraw from the contract or to exchange the goods within at least ten working days from the receipt of the goods by the customer. It is sufficient if the declaration of withdrawal is sent within the time limit. The online shop does not cover the postage costs and the risk of return.
The return sand address is:
rudezone shop Küffer
Wasserfluhstrasse 7
9620 Lichtensteig
3.2
In the event of withdrawal from the purchase, the online shop will refund the customer within 20 days if payment has already been made. The customer must set aside the received services at his own expense and pay the online shop a reasonable fee for the use, including compensation for a related reduction in the common value of the service. However, this does not apply if the deterioration of the goods is solely due to their inspection. If the provision of the services already provided by the online shop is impossible or excluded, the customer must remunerate the online shop for their value, provided that they give him a clear and overriding advantage. The provisions of this paragraph shall not affect claims for damages.
3.3
Excluded from the right of withdrawal are, contracts for: audio or video recordings or software, provided that the delivered goods have been unsealed by the customer
4. Delivery
4.1
All items are delivered immediately, if available from stock and only as long as the stock lasts, subject to a successful identity and credit check
4.2
The delivery time within Switzerland is, unless otherwise stated in the offer, a maximum of 10 working days. The delivery time begins with the dispatch of the order confirmation. The delivery time is non-binding, unless there is a written agreement to the contrary. If an item is not available at short notice, we will inform the customer by e-mail as soon as possible about the expected delivery time, if we have an address. We reserve the right to a partial delivery insofar as this serves an efficient processing of the entire delivery. In this case, no additional shipping costs will be charged for subsequent delivery. In the event of delivery delays, e.g. due to force majeure, traffic disruptions and high-level orders, as well as other events for which the online shop is not responsible, no claim for damages can be asserted against the online shop. If the delivery is delayed due to the fault of the previous suppliers and has not been possible (impossibility), the online shop shall not be responsible for this.
The delivery time abroad is between 5 and 20 working days
5. Packaging and dispatch of goods
5.1
Shipping costs Within Switzerland
1-100g: Economy 2 CHF / Priority 3 CHF
101-200g: Economy 4 CHF / Priority 5 CHF
201-300g: Economy 6 CHF / Priority 7 CHF
From 400g: Economy 7 CHF / Priority 9 CHF
5.2
For orders with a net weight of more than 1.6 kg, we deliver within Switzerland and Lichtenstein free of charge.
5.3
Costs for international shipping
We only deliver packages with a maximum gross weight of 2.0 kg abroad
0.01 kg - 0.1kg: 4 CHF
0.1 kg - 0.25 kg: 6 CHF
0.25 kg - 0.5 kg: 10 CHF
0.5 kg - 1.0 kg: 12 CHF
1.0 kg - 2.0 kg: 23 CHF
The online shop accepts no responsibility for any customs duties that may arise
6. Prices
6.1
All prices quoted are final prices, we are not subject to VAT according to the Federal Act VAT Art. 21
6.2
Final prices do not include packaging and shipping costs.
6.3 Due to the constant updating of the internet pages of the online shop, information about the price and quality of the goods provided at an earlier time ceases to be valid. Errors and printing errors are reserved.
6.4 The stated price at the time of submission of the customer's offer is decisive for the invoicing.
7. Payment
For delivery within Switzerland and abroad, the following payment methods are possible:
By prepayment:
The customer is obliged to pay the purchase price to our account immediately after conclusion of the contract, but at the latest within ten days, by bank transfer. If you pay in advance, you will receive an e-mail from us with the exact invoice details. Please enter your e-mail address in the order form so that we can contact you. Please enter your order number for your transfer as a purpose, so that we can assign your payment receipt to the order. If the customer has not yet transferred within ten days, the online shop reserves the right to cancel the order and to offer the goods for sale again.
By Pay Pal:
The customer is obliged to pay the purchase price immediately after conclusion of the contract by bank transfer to our Pay Pal account.
8. Retention of title of goods
Until full payment has been made, the ordered goods remain the property of the online shop (reservation of title). In the event of a delay in payment by the customer, the online shop is entitled to take back the goods. This does not constitute a withdrawal from the contract, unless it is expressly stated. The customer must inform us immediately of the enforcement measures of third parties in the reserved goods by handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the rights existing on the goods.
9. Warranty for defects in goods
9.1
The customer's claims against the online shop, based on a defect in the goods, are governed by the statutory provisions.
9.2
The customer undertakes to inspect the goods upon receipt for any defects and to inform the online shop immediately if such a defect is found. Should the customer determine at a later date that the goods are defective, he is obliged to inform the online shop immediately after discovery of the goods. If the customer fails to report a defect, the goods are deemed to have been approved.
9.3
A defect to the goods does not include damage caused by the customer due to improper or non-contractual treatment. The information provided by the manufacturer of the goods is decisive for the improperness and lack of conformity.
9.4
The warranty period is 10 days, unless a different period is indicated on the delivered goods. It begins to run with the receipt of the goods. The provisions of paragraph 9.2 remain unaffected by this period.
9.5
If the subsequent performance is carried out by means of the replacement delivery, the customer is obliged to return the first delivered goods to the online shop within 30 days. The return of the defective goods must be carried out in accordance with the statutory provisions. The online shop reserves the right to claim damages under the statutory conditions.
9.6
In any case, the warranty expires in the event of any intervention, repair or repair attempt by the buyer or unauthorized third parties, without our written consent.
9.7
Should transport damage to the goods be found, we ask the recipient to report damage to the carrier (shipping service) without delay. Other recognizable transport damages must be asserted against us in writing within 14 days after receipt of the goods. However, the failure to comply with this complaint has no consequences for your legal claims.
10. Limitation of Liability
10.1
Claims for damages against us are excluded, unless they are based on our intentional or grossly negligent conduct or that of our vicarious agents. The limitation period for claiming damages is three years and begins on the date on which the act triggering the compensation obligation was committed. Should the statutory limitation periods lead to a shorter limitation period for us in individual cases, these shall apply. Liability for guarantees is independent of fault.
10.2
The provisions of the foregoing paragraph (10.1) extend to damages in addition to performance, compensation instead of performance and compensation for futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
11. Data protection
The customer agrees that his personal data, which is to be sent to the online shop within the framework of the business relationship, will be stored and processed electronically. It should be noted that data determined for the purposes of this provision are collected and processed exclusively for the purpose of providing services, in particular for the purpose of order processing and accounting. The online shop does not pass on customer data to third parties. However, no liability can be assumed for the security of the data transmitted on the Internet.
12. Copyright
All displayed third-party logos, images and graphics are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines displayed on these pages, which are our own developments or have been prepared by us, may not be copied or otherwise used without our consent. All rights reserved.
13. Place of jurisdiction
13.1
The place of jurisdiction is 9620 Lichtensteig, Switzerland
13.2
Swiss law shall apply to all disputes that may arise as a result of this legal relationship, excluding conflict-of-law rules. The application of unrelated sales law is excluded.
14. Severability clause and validity of the GTC
With an order, the customer acknowledges the general terms and conditions of the online shop. Should any provision of these General Terms and Conditions be void, for whatever reason, the validity of the remaining provisions shall remain unaffected. The ineffective regulation will be replaced immediately by the relevant statutory regulation. Oral agreements require written confirmation in order to be effective.
Last revised on: 06.10.2020 Lichtensteig,
Jan 22, 2015 Jonas Küffer