Terms of service
General Terms and Conditions and Consumer Information within the framework of purchase contracts concluded via the online shop between www.schonoo.ch - hereinafter referred to as "Seller" - and the Customer - hereinafter referred to as "Customer."
§ 1 Scope and general notes
(1) Subject to individual agreements and agreements taking precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own conditions shall be objected to.
(2) The customer is a consumer, insofar as he concludes the contract for purposes which predominantly cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a legal partnership which, when a legal transaction is concluded, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract shall be concluded with:
SCHONOO.CH, 8627 Grüningen, Switzerland
(2) The essential features of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding offer to the seller. As soon as the seller has received the customer's order, a confirmation of his order will first be sent to the seller, usually by e-mail (order confirmation). The order confirmation does not represent the acceptance of the order. Upon 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 order process in the seller's online shop works as follows:
(4) The customer can select products from the seller's range and collect them via the button "In the basket" in a so-called shopping basket. By clicking on the button "Shopping cart," the customer receives an overview of the selected products. Via the button "Buy now" he makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time by means of the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the button "Accept terms and conditions" and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the order of the customer is listed again
and which the customer can print using the "Print" function. The automatic acknowledgement of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded by submitting the declaration of acceptance by the seller, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, nature, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer within the scope of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and errors there are reserved, especially as regards the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Pictures on the website may only imprecise the products; in particular colors may differ considerably for technical reasons. Images only serve as visual material and may differ from the product. Technical data, weight, dimensions and performance specifications are given as precisely as possible, but may have the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the order, the seller shall inform the customer thereof in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. He will reimburse any payments made by the customer immediately.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than two days after receipt of money. The delivery time is up to five days. The seller points out any different delivery times on the respective product page.
(2) Delivery takes place only within Switzerland
(3) All product prices do not include any statutory VAT. The prices shown are final sale prices including shipping costs. The customer receives an invoice without VAT.
§ 5 Payment
Payment is made in advance (PayPal, bank 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 these errors immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to file a complaint or make contact has no consequences whatsoever for the statutory warranty rights of the customer, but helps the seller to assert his own claims against the carrier or the transport insurance.
§ 7 Material defect warranty
(1) There is a warranty for the goods delivered by the supplier only if this is expressly provided in the order confirmation for the respective article.
(2) You can submit complaints and claims for liability for defects at the address indicated in the provider's identification.
§ 8 Retention of title
Until full payment is made, the delivered goods remain the property of the seller.
§ 9 Liability
The statutory provisions apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the GTC are sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The language of the contract is German.
(2) The law of the Federal Republic of Switzerland applies to contracts between the seller and the customers, excluding the laws governing the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn from the customer.
(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 arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Switzerland or the EU, or his domicile or his habitual residence is not known at the time the action is brought.
Source: © lawyer Jacob Metzler
(End of terms and conditions)