Terms of service
Table of Contents
- Scope
- Conclusion of contract
- Prices and terms of payment
- Terms of delivery and shipping
- Liability for defects
- Special conditions for the processing of goods according to specific customer specifications
- Redeemment of promotional vouchers
- Gift Voucher Redemption
- Applicable law, place of jurisdiction
1) Scope
1.1 These terms and conditions of the Einfach Schweizer e.K. (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of 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 serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller has five days to accept the customer's offer,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby 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 exist, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he/she also issues a payment order to his/her payment service provider by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that completes the ordering process, in deviation from Section 2.3.
2.5 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer
2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order 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 are made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Prices and terms of payment
3.1 The seller's prices include statutory VAT and other price components. Any additional delivery and shipping costs are specified separately in the respective product description.
3.2 The customer has various payment options available, which are specified in the seller's online shop.
3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
3.4 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced.
If the delivery on account payment method is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative.
3.5 If you select the "PayPal" payment method, the payment will be processed via 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 terms of use, available at https://www.paypal.com/ch/webapps/ mpp/ua/useragreement-full?locale.x=de_CH. This requires i.a. requires that the customer opens a PayPal account or already has such an account.
4) Terms of delivery and shipping
4.1 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer.When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, 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 transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for 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 dispatch or when they are handed over to the transport person commissioned.
4.4 For logistical reasons, pickup is not possible.
5) Liability for Defects
The statutory liability for defects applies.
6) Special conditions for the processing of goods according to specific customer specifications
6.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics to make available the file formats, formatting, image and file sizes specified by the operator and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
6.2 The customer shall indemnify the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
6.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
7) Redeeming promotional vouchers
7.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be used in the seller's online shop and can only be redeemed within the specified period.
7.2 Promotional vouchers can only be redeemed by consumers.
7.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher
7.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
7.5 Only one promotional voucher can be redeemed per order.
7.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
7.8 The credit on a promotional voucher is neither paid out in cash nor does it earn interest.
7.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his contractual right of withdrawal, provided such a right has been agreed.
7.10 The promotional voucher is transferrable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective owner.
8) Redeeming Gift Certificates
8.1 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 in the voucher .
8.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer by the expiration date.
8.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
8.4 Only one gift card can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
8.7 The balance of a gift card will not be paid out in cash or interest.
8.8 The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective owner.
9) Applicable law, place of jurisdiction
9.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Movable Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence of the Customers.
9.2 If the customer acts as an entrepreneur, the sole place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller
