GENERAL TERMS AND CONDITIONS (GTC) WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Shipping and delivery terms
- Reservation of proprietary rights
- Liability for defects
- Redemption of vouchers
- Redemption of gift certificates
- Jurisdiction, applicable law
1.1 These Terms and Conditions (hereinafter “GTC”) of the the company Suchmich Ltd. (hereinafter “Seller”) apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) concludes with the seller regarding the seller’s goods and / or services in his online store. Herewith the inclusion of the customer’s own terms is contradicted, unless it is has been otherwise agreed.
1.2 These GTC shall apply mutatis mutandis for the purchase of vouchers, provided that no other regulation is explicitly in force.
1.3 The consumer within the meaning of these GTC shall mean any natural person who enters into a legal transaction for purposes that can mostly be attributed neither to commercial nor to independent vocational activity. An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership, who / which is carrying out their commercial or independent professional activity when concluding a legal transaction.
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 instead are intended to facilitate the submission a binding offer by the Customer.
2.2 The Customer can submit his offer via the order form integrated in the online shop of the Seller. Here the Customer, after he has placed goods and / or services in the virtual shopping cart and gone through the electronic ordering process, can conclude a legally binding contract in relation to the goods and / or services contained in the basket by clicking the final purchase button.
2.3 The seller may accept the Customer’s offer within five days by forwarding a written confirmation of the order or an order confirmation in writing (fax or email) to the Customer, wherein the receipt of the order confirmation by the Customer is decisive, or the delivery of the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or he demands payment from the Customer after delivery of the order. If a situation involving more of the aforementioned alternatives arises, the contract comes into effect on the date on which one of the alternatives occurs first.
If the Seller does not accept the offer of the Customer within the aforementioned period, it shall be deemed a rejection of the tender, with the result that the Customer is no longer bound by his declaration of intention.
2.4 The deadline for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends with the end of the fifth day from which the order was sent.
2.5 When submitting an order via the online order form provided by the Seller, the contract will be stored by the Seller and sent to the Customer in writing (e.g. as email, fax or letter) together with the these GTC after submitting his order. In addition, the text of the contract shall be archived on the Seller’s website and can be accessed free of charge by the Customer via his password protected customer account using the respective login information, provided that the Customer has created an account in the Seller’s online shop before placing his order.
2.6 Before placing a binding order via the Seller’s online order form, the Customer may correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can be corrected by means of the usual keyboard and mouse functions.
2.7 The conclusion of the contract shall be carried out exclusively in the German language.
2.8 Order processing and communication are usually conducted via email and automated order processing. The Customer must ensure that his or her designated email address for order processing is correct so that emails sent by the seller to this address can be received. In particular, in case spam filters are used, the Customer must ensure that all emails shipped by the Seller or third parties entrusted with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers have a basic right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless the product description of the Seller specifies otherwise, the prices are all-inclusive prices that include VAT. As necessary, additional delivery and shipping costs are shown separately in the respective product description.
4.2 Deliveries to countries outside the European Union may incur other costs in individual cases for which the Seller is not responsible and these shall be borne by the Customer. These include costs for money transfer through banks (e.g. bank transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery does not take place in a country outside the European Union, however the Customer remits payment in a country outside the European Union.
4.3 The Customer has several payment options, which are indicated in the Seller’s online shop.
4.4 If prepayment has been agreed upon, then payment is due immediately after the conclusion of the contract
4.5 If PayPal is selected as the payment method, payment processing is conducted via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at .
4.6 If credit card is select as the payment method, payment processing is conducted via the payment service provider Sage Pay. Transaction details are encrypted using 128-bit SSL certificates to provide the highest level of data security. The Sage Pay servers are protected by 256-bit encryption standards. In addition, Sage Pay has a level 1 certificate, which confirms compliance with the Data Security Standard PCI DSS established by the payments industry. More information about data security at Sage Pay can be found here: .
4.7 If “payment by invoice” is selected, the the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price shall be paid in full within 14 (fourteen) days from receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the option of payment by invoice only up to a certain order volume and to refuse this method of payment when the specified order volume is exceeded. In this case, the Seller will inform the Customer of payment restrictions in his payment information in the online shop.
4.8 The Seller also reserves the right to perform a credit check when payment by invoice is selected and to refuse the Customer this payment option if the credit check yields a negative result.
4.9 When direct debit is selected as the method of payment, payment is due immediately upon contract conclusion. The Seller is revocably authorized to collect the invoice amount from the account specified by the Customer. If the direct debit is not carried out due to insufficient funds or because an incorrect bank account was specified or because the Customer has contradicted the debit, although he is not entitled to do so, the Customer shall bear the relevant bank charges if he is responsible for the reversal. If direct debit is selected as the payment method, the seller reserves the right to carry out a credit check and to refuse the Customer this payment option if the credit check yields a negative result.
5) Shipping and delivery terms
5.1 Unless otherwise agreed, goods will be shipped to the delivery address specified by the Customer. For the completion of the transaction, the delivery address specified in the Seller’s order summary is decisive. Deviating from this, when PayPal is selected as the payment method, the Customer’s delivery address as known to PayPal at the time of payment is decisive.
5.2 İf the transport company sends goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he was not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the delivery, unless the Seller had announced the delivery a reasonable time in advance.
5.3 If the Customer is an entrepreneur, he shall carry the risk of accidental loss and accidental deterioration of the goods sold as soon as the Seller has handed over the goods to the forwarding agent, the carrier or otherwise specific person or institution entrusted with the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold only transfers to the Customer in general upon delivery of the goods to the Customer or a person authorized to receive the delivery. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also transfers to a consumer acting as Customer as soon as the Seller hands the goods over to the forwarder, carrier or person or institution authorized to dispatch the goods if the Customer himself entrusted the said forwarding agent, carrier or person or institution with the dispatching of the goods and the Seller had not previously named that person or institution to the customer.
5.4 The seller reserves the right rescind the contract in the event his supplier fails to deliver goods or delivers incorrectly. This applies only in the event that the non-delivery is not attributable to the Seller and he has completed a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be informed immediately and payment promptly reimbursed.
5.5 Pickup by the Customer is for logistical reasons not possible.
5.6 Vouchers will be sent to the Customer as follows: by email.
6) Reservation of proprietary rights
6.1 As far as contracts with consumers are concerned, the Seller will keep the right to the goods with retained title until the purchase price has been fully paid.
6.2 As far as contracts with entrepreneurs are concerned, the Seller retains ownership of the delivered goods until fulfillment of all financial obligations from an ongoing business relationship.
6.3 If the Customer is an entrepreneur, he is entitled to resell the reserved goods within the conduct of his business operations. The Customer transfers all resulting claims against third parties in the amount of the respective invoice value (including VAT) to the Seller in advance. This transfer of rights shall apply regardless of whether the reserved goods have been resold without or after processing. The Customer shall remain entitled to collect receivables even after the transfer. The Seller's right to collect receivables will remain unaffected. The seller, however, will not collect the receivables as long as the Customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been submitted.
7) Liability for defects (warranty) If the purchased goods are defective, the provisions of the statutory liability for defects shall apply. The following exceptions are valid:
7.1 In the case of entrepreneurs a minor defect generally does not constitute a claim for defects; the Seller has the choice of the type of remedy; for new goods, the limitation period for defects is one year from the transfer of risk; the rights and claims for defects are generally excluded with regard to used goods; the limitation period does not start again if a replacement is provided in the context of liability for defects.
7.2 The above regulated limitations of liability and limitation period reductions do not apply to things that have not been used in accordance with their usual purpose for a building and have caused its defectiveness, to damage resulting from injury to one's life, body or health that is based on an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agents of the Seller, for any other damage arising from an intentional or grossly negligent breach of duty by the Seller or on a or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as in the event that the Seller fraudulently concealed the defect.
7.3 If the Customer is a consumer, he is kindly asked to report delivered goods with obvious transport damage to the forwarder and to make the Seller aware thereof. If the customer fails to comply, this has no effect on his legal or contractual claim for defects.
8) Liability The Seller is liable to the customer from all contractual, quasi-contractual and legal points of view, as well as tortious claims for damages and expenses as follows:
8.1 The Seller is legally and fully liable in case of intent or gross negligence, willful or negligent violation of life, body or health, due to a warranty promise, unless otherwise regulated, under mandatory liability laws, such as the product liability law.
8.2 Should the supplier negligently violate a substantial contractual obligation, liability shall be limited to contract-typical, foreseeable damage except in cases of unlimited liability in accordance with the aforementioned item. Material contractual obligations are obligations that the contract imposes on the Seller according to its contents for the determination of the contractual purpose, whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer may regularly rely.
8.3 Any further liability on the part of the Seller is excluded.
8.4 The aforementioned liability regulations also apply with respect to the Seller's liability for his vicarious agents and legal representative.
9) Redemption of vouchers
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a certain validity and cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the online shop of Seller and only in the specified time period.
9.2 Individual products may be excluded from the voucher campaign, provided that a restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed prior to the conclusion of the ordering process. Redemption post factum is not possible.
9.4 Only one promotional voucher can always be redeemed per order.
9.5 The value of the goods must be at least the same as the value of the promotional voucher. Any remaining credit balance will not be paid out by the Seller.
9.6 If the value of the promotional voucher is not sufficient to cover the cost of the order, one of the other payment methods offered by the Seller may be chosen to pay the remaining balance.
9.7 The credit from a promotional voucher will neither be paid in cash nor will it accrue interest.
9.8 The promotional voucher will not be refunded should the Customer, as part of his statutory right of withdrawal, return goods that were completely or partially paid for with the promotional voucher.
9.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is not permitted. The Seller is entitled, although not obliged, to verify the substantive eligibility of the respective voucher holder.
10) Redemption of gift certificates
10.1 Vouchers that can be purchased via the online shop of the Seller (hereinafter "gift certificates") can only be redeemed in the online shop of the Seller.
10.2 Gift certificates and the remaining balance of gift certificates are redeemable up to the end of the third year following the year of purchase. Remaining balances will be credited to the Customer's voucher account up to the expiration date.
10.3 Gift certifices can only be redeemed prior to the conclusion of the ordering process. Redemption post factum is not possible.
10.4 Only one gift certificate can always be redeemed per order. 10.5 Gift certificates can only be used to purchase goods and not for the purchase of other gift certificates.
10.6 If the value of the gift certificate is not sufficient to cover the cost of the order, one of the other payment methods offered by the Seller may be chosen to pay the remaining balance.
10.7 The credit from a gift certificate will neither be paid in cash nor will it accrue interest.
10.8 The gift certificate is only intended to be used by the person named on it. A transfer of the gift certificate to third parties is excluded. The Seller is entitled, although not obliged, to verify the substantive eligibility of the respective holder of the gift certificate.
11) Jurisdiction, applicable law
11.1 Swiss law shall apply exclusively to all contracts, to the exclusion of the Vienna Sales Convention (CISG).
11.2 The exclusive place of jurisdiction, subject to appeal to the Swiss Federal Court, is Langenbruck.