1. Scope

1.1 For the business relationship between swiss-distributor GmbH (hereinafter "Seller") and the customer (hereinafter "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections by e-mail at sales@swissdistributor.com.
1.3 Consumer in the sense of these terms and conditions is any natural as well as legal person who can conclude a legal transaction for a purpose.
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity in writing.

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2. Offers and service descriptions

2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.

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3. Order process and conclusion of contract

3.1 The Customer can select products from the Seller's assortment without obligation and collect them in a so-called shopping cart via the button [Add to cart].
3.2 Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout].
3.3 By clicking the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary data are marked with an asterisk (*).
3.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.5 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.

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4. Prices

4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.

 

5. Delivery, availability of goods

5.1 If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.
5.2 If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If prepayment has been agreed, delivery will be made after receipt of the invoice amount.

 

6. Payment modalities

6.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process.
6.2 If payment by invoice is possible, payment must be made within the specified time after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay default interest in the amount of 5 percentage points above the base interest rate.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.6 The Customer shall only have a right to set-off if its counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

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7. Retention of title

Until full payment, the delivered goods remain the property of the seller.

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8. Warranty for material defects and guarantee

8.1 The warranty is determined by statutory provisions.
8.2 A warranty exists for the goods delivered by the seller only if this was expressly given.

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9. Liability

9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, irrespective of the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

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10. Right of withdrawal

10.1 In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the benefits or the deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be shipped by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.

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11. Exclusion of the right of withdrawal

The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.

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12. Returns

12.1 Customers are requested to notify the Seller of the return before returning the products. In this way, they will enable the Seller to allocate the products as quickly as possible.
12.2 Customers are requested to return the goods to the Seller as a prepaid package and keep the receipt. The seller will reimburse the customer for the postage costs in advance if requested, unless the buyer is responsible for the postage costs.
12.3 Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the Seller's possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.

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13. Return costs in case of revocation

13.1 If the customer is a consumer, he shall bear the regular costs of the return shipment in the event of revocation if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the event of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation.
13.2 Otherwise, the return shipment shall be free of charge for the customer.

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14. Storage of the contract text

14.1 The seller stores the contract text of the order. The GTC are available online. The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
14.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Furthermore, the Customer will receive a copy of the GTC with his order.

 

15. Data protection

15.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
15.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfill and process the contract. These data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
15.3 The customer has the right to receive information free of charge on request about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain data.
15.4 Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.

 

16. Jurisdiction, Applicable Law, Contract Language

16.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law.
16.2 The law of Switzerland shall apply. This shall not apply if mandatory consumer protection provisions conflict with such application.
16.3 The contractual language shall be German.

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