General terms and conditions (GTC) and consumer information
General terms and conditions and consumer information within the framework of sales contracts, which are closed via the online shop between Swiss Tallow, Roosstrasse 47, 8832 Wollerau - hereinafter "Seller" - and the customer - hereinafter "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and agreements that have priority before these terms and conditions, only the following general terms and conditions apply to the business relationship between the seller and the customer. Unless otherwise agreed, the involvement of the customer's own conditions is objected to.
(2) The customer is a consumer, insofar as he concludes the contract for purposes, which are mostly not attributed to his commercial or independent professional activity. In contrast, entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
§ 2 Contract conclusion
(1) The contract comes with:
(Swiss Tallow, Hello@swisstallow.ch, Roosstrasse 47, 8832 Wollerau)
(2) The essential features of the goods result from the product description set by the seller.
(3) All offers in the seller's online shop only represent a non -binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be confirmed by the seller of his order with the seller, usually by email (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer can select products from the seller's range and collect them in a so -called shopping cart using the "In the Korb" button. By clicking on the "Cart" button, the customer receives an overview of the selected products. Via the "Buy now" button, he submits a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time by the browser functions "Back" and "further" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "Order now" button and thereby accepted in his application. The seller then sends the customer an automatic receiving confirmation by email in which the customer's order is listed again
And that the customer can print out about the "Printing" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract only comes about by submitting the declaration of acceptance by the seller, which is sent with a separate email.
§ 3 Contract object, quality, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer and the order confirmation specified as part of the order and services for the final prices mentioned in the online shop. Errors and errors there are reserved, especially as far as the availability of goods concerns.
(2) The nature of the ordered goods results from the product descriptions in the online shop. Images on the website may only reproduce the products inaccurately; In particular, colors can differ significantly for technical reasons. Images only serve as visual material and can deviate from the product. Technical data, weight, measure and service description are specified as precisely as possible, but can have the usual deviations. The properties described here are not defects in the products supplied by the seller.
(3) If the customer is not available at the time of the customer's order, the seller informs the customer in the order confirmation. If the product is not permanently available, the seller refrains from declaration of acceptance. In this case, a contract does not come about.
(4) If the product specified by the customer in the order is only temporarily not available, the seller also informed the customer immediately in the order confirmation.
§ 4 delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than two days after receipt of the money, when paying by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller points to any different delivery times on the respective product page.
(2) Delivery takes place worldwide
(3) All article prices contain the statutory VAT. The prices specified are final sales prices plus shipping costs. The customer receives an invoice with VAT.
§ 5 Payment
Payment is made in advance (PayPal, transfer, credit card) or by cash on delivery.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to complain about these errors immediately with the deliverer and contact the seller as quickly as possible.
(2) The failure of a complaint or contact has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or transport insurance.
§ 7 Sach defenders
(1) The provider is liable for material defects in accordance with the legal regulations applicable
(2) There is only a guarantee for the goods delivered by the provider if it was expressly submitted to the respective article in the order confirmation.
(3) You can submit complaints and liability claims under the address given in the provider identification.
§ 8 Reference to Reference
The delivered goods remain owned by the seller until full payment.
§ 9 liability
The legal regulations apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions in his customer account at any time. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data is no longer accessible via the Internet for safety reasons.
§ 11 final provisions
(1) The contractual language is German.
(2) Swiss law applies in contracts between the seller and its customers in Switzerland, to the exclusion of the laws to the international purchase of mobile goods. This choice of law only applies to consumers if their protection in accordance with mandatory provisions of the law of the country of their habitual stay is not affected.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Switzerland or the EU, or his place of residence or habitual residence at the time of the complaint is not known.
Source: © Lawyer Jacob Metzler
(End of the General Terms and Conditions)