General Terms and Conditions with Customer Information
Table of contents
- Scope
- Conclusion of the contract
- Prices and terms of payment
- Terms of delivery
- Liability for defects
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Governing law, place of jurisdiction
1) Scope
1.1 These Terms and Conditions of Kompromisslos GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or a business (hereinafter "Customer") with the Seller relating to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These Terms and Conditions apply accordingly to contracts for the supply of vouchers, unless expressly provided otherwise in this respect.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor to their independent professional activity. A business within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2) Conclusion of the 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 to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after entering their personal data, the Customer submits a legally binding offer to conclude a contract in respect of the goods and/or services contained in the basket by clicking the button that completes 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 (fax or e-mail), in which case receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting the Customer to make payment after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects "PayPal Express" as the payment method during the ordering process, by clicking the button that completes the ordering process the Customer at the same time issues a payment order to their payment service provider. In this case, by way of derogation from clause 2.3, the Seller hereby already declares its acceptance of the Customer's offer at the time at which the Customer initiates the payment process by clicking the button that completes the ordering process.
2.5 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer.
2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these Terms and Conditions after the Customer has sent their order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login details, provided that the Customer created a customer account in the Seller's online shop before sending their order.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer can correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed once more in a confirmation window before the order is bindingly placed and can also be corrected there using the usual keyboard and mouse functions.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact take place by e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, where SPAM filters are used, 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.
3) Prices and terms of payment
3.1 The prices stated by the Seller include statutory value added tax and other price components. Any additional delivery and shipping costs are stated separately in the respective product description.
3.2 Various payment options are available to the Customer, as indicated in the Seller's online shop.
3.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
3.4 If the "PayPal" payment method is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the Customer opens a PayPal account or already has such an account.
4) Terms of delivery
4.1 Goods are generally delivered by shipment to the delivery address provided by the Customer. The delivery address stated in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
4.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over for shipment or delivered to the commissioned carrier.
4.4 Collection in person is not possible for logistical reasons.
5) Liability for defects
Statutory liability for defects applies.
6) Redemption of promotional vouchers
6.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the stated period.
6.2 Promotional Vouchers can only be redeemed by consumers.
6.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
6.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
6.5 Only one Promotional Voucher can be redeemed per order.
6.6 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.
6.7 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.
6.8 The credit balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.
6.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher under their contractual right of withdrawal, where such a right has been agreed.
6.10 The Promotional Voucher is intended solely 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 verify the substantive entitlement of the respective voucher holder.
7) Redemption of gift vouchers
7.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
7.2 Gift Vouchers and remaining credit on Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiry date.
7.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
7.4 Only one Gift Voucher can be redeemed per order.
7.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.
7.6 If the value of the Gift 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.
7.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it bear interest.
7.8 The Gift Voucher is transferable. The Seller may make performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is unaware due to gross negligence, of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.
8) Governing law, place of jurisdiction
8.1 If the Customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer's place of residence.
8.2 If the Customer acts as a business, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of residence or registered office.