Terms of service

TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. SCOPE

1.1. These General Terms and Conditions (hereinafter “GTC”) of SwissExtract AG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) enters into with the Seller with regard to the terms and conditions specified by the Seller in his online -Shop completes the goods shown. 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 concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. CONCLUSION OF THE CONTRACT

2.1. The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3. The seller can 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, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4. When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available 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 details.

2.5. Before bindingly submitting 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.6. To enter the contract you can use German as your prefered language.

2.7. Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

 

3. RIGHT OF WITHDRAWAL

3.1 Consumers have the right to cancel the contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which the consumer or a named third person who is not the carrier takes possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform about the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or email). In order to meet the cancellation period, it is sufficient that he or she sends the notification of the exercise of the right of cancellation before the cancellation period expires. Consumers have no right of withdrawal from contracts about:

Contracts for the delivery of goods that are not prefabricated and for the production 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 that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery (e.g. perishable).
Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.
In the event of an effective cancellation, all payments received by SwissExtract will be refunded. SwissExtract may refuse reimbursement until it has received the goods back or until proof has been provided that the goods have been returned, whichever occurs earlier. For the repayment, SwissExtract uses the same payment method that was used in the original transaction.

The consumer bears the direct costs of the return. The return of goods that cannot be packaged (in particular plants without suitable and appropriate special packaging) is carried out by a shipping company and must also be borne by the consumer.

4. RETURNS

4.1. Returns to SwissExtract AG are made at the customer’s expense and risk. 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 specified 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 guarantee, Alpinols.ch can charge the customer for the work, return shipping or possible disposal.

Return address: SwissExtract AG, Dorfstrasse 78, 3216 Ried b. Kerzers

5. PRICES AND PAYMENT TERMS

5.1. Unless otherwise stated in the seller's product description, the prices stated are total prices and include VAT. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

5.2. For deliveries to countries outside of Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery does not take place to a country outside Switzerland, but the customer makes the payment from a country outside Switzerland.

5.3. Various payment options are available to the customer, which are specified in the seller's online shop.

5.4. If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 30 (thirty) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method 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. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.

 

5.5. When paying in advance, the invoices are due for payment net within 14 days. The goods will only be delivered once the invoice has been paid in full. If the buyer sends a reminder, the buyer will be in default. We are entitled to charge interest of 5% from the start of the default. During the duration of the delay, SwissExtract AG is also entitled to withdraw from the contract at any time and to demand compensation if the contract expires.

6. DELIVERY AND SHIPPING TERMS

6.1. Goods will be delivered via shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

6.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

6.3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

6.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will 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 immediately.

6.5. For logistical reasons, self-collection is not possible for consumers in the sense of a natural person. Entrepreneurs in the sense of a natural or legal person can collect raw and finished goods from the SwissExtract logistics center. Direct collections only take place after separate arrangement.

7. RETENTION OF TITLE

7.1 If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

8. LIABILITY FOR DEFECTS (WARRANTY)

8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

8.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

9. REDEMPTION OF PROMOTIONAL VOUCHERS

9.1 Vouchers that 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 “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing 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 the amount