Terms and Conditions
General Terms and Conditions Table of Contents
Scope of Application Conclusion of Contract Right of Withdrawal Prices and Payment Conditions Delivery and Shipping Conditions Reservation of Title Liability for Defects (Warranty) Special Conditions for the Processing of Goods According to Specific Customer Specifications Applicable Law Place of Jurisdiction Alternative Dispute Resolution
- Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Sticherkland Tscherrig (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC 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 self-employed professional activity.
- 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 rather serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, 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 respect to the goods contained in the shopping cart by clicking the button that concludes 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 (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this regard, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this regard, or
- by requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry 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 consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online ordering form, the text of the contract is stored by the seller after the conclusion of the contract and is sent to the customer in written form (e.g. email, fax or letter) after the customer's order has been sent. The seller does not provide any further access to the text of the contract. If the customer has set up a user account on the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge by logging into their password-protected user account and providing the corresponding login data.
2.6 Before bindingly submitting the order via the seller's online ordering form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and communication typically take place via automated order processing. The customer must ensure that the email address provided by them for the order processing is correct, so that they can receive the emails sent by the seller. 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.
- Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
- Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise will be specified separately in the respective product description.
4.2 For deliveries to countries outside Switzerland, such as the European Union, additional costs may arise in individual cases that the seller is not responsible for and that the customer must bear. These may include costs for money transfers by banks (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 transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
- Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made to the delivery address specified by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified by the seller during the order processing shall be authoritative for the transaction.
5.2 If the delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs thereby incurred by the seller. This shall not apply to the costs of the initial shipment if the customer effectively exercises his right of revocation. In case of effective exercise of the right of revocation by the customer, the provisions made in the seller's revocation instructions shall apply to the return costs.
5.3 If the customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder 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 sold goods shall, in principle, not pass to the customer until the goods have been handed over to the customer or to an authorized recipient. However, in deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall already pass to the customer if the customer has commissioned the carrier, the freight forwarder or the person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the non-delivery is not attributable to the seller and the seller has concluded a concrete covering transaction with the supplier with due care. The seller shall make every reasonable effort to obtain the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
- Retention of Title
If the seller provides advance performance, he reserves ownership of the delivered goods until full payment of the purchase price owed.
- Defective products (warranty)
7.1 Unless otherwise stated in the following provisions, the regulations of the statutory warranty apply. In contracts for the delivery of goods, the following provisions apply:
7.2 If the customer acts as an entrepreneur,
- The seller has the choice of the type of subsequent performance;
- The limitation period for defects is one year from delivery of the goods for new goods;
- For used goods, rights and claims for defects are excluded;
- The limitation period does not start anew if replacement delivery is made within the framework of the warranty for defects.
7.3 The liability limitations and shortening of limitation periods regulated above do not apply
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used in a manner customary for a building and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty of inspection and notification in accordance with § 377 of the HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed to have been approved.
7.6 If the customer is a consumer, the customer is requested to report any obvious transport damage to the carrier and to notify the seller thereof. If the customer fails to do so, this has no effect on his legal or contractual claims for defects.
- Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to specific customer specifications, the customer must provide the seller with all content required for the processing, such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the seller and grant the seller the necessary usage rights. The customer is solely responsible for the procurement and acquisition of the rights to this content. The customer declares and assumes responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he ensures that no third-party rights, in particular copyright, trademark, and personality rights, are infringed thereby.
8.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with the contractual use of the customer's content by the seller, which infringe their rights. In doing so, the customer shall also bear the necessary costs of 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 legal infringement. The customer is obliged to provide the seller with all information required for the examination of claims and for defense purposes immediately, truthfully, and completely in the event of any claims by third parties.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates statutory or official prohibitions or the principles of morality. This applies in particular in the case of the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, hazardous to young people, and/or glorifies violence.
- Applicable law
For all legal relationships between the parties, Swiss law applies, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has his registered office outside the territory of Switzerland, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in any case, the seller is entitled to call upon the court at the customer's registered office.
- Alternative dispute resolution
The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.