Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Liability for Defects
- Special Conditions for the Processing of Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law, Place of Jurisdiction
1) Scope
1.1 These General Terms and Conditions of Florian Pümpin, operating under "Florian Pümpin" (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his commercial or independent 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 his independent professional or commercial activity.
1.3 These General Terms and Conditions apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly agreed otherwise.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute 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 via the online order form integrated into the Seller's online shop. After entering his personal data, by clicking the button that concludes the ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart.
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, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence 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, by clicking the button that concludes the ordering process, he also places a payment order with his payment service provider. In this case, the Seller declares, deviating from Section 2.3, the acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.5 The period for accepting the offer begins on the day after the Customer sends 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 contract text is stored by the Seller and sent to the Customer after sending his order, together with these General Terms and Conditions, in text form (e.g. email, fax or letter). However, the contract text can no longer be accessed by the Customer via the Seller's website after sending his order.
2.7 Before submitting a binding 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 take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by him with order processing can be delivered.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 The prices stated by the Seller include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if the delivery takes place within Switzerland, but the Customer makes the payment from a country other than Switzerland.
4.3 The Customer has various payment options available, which are specified in the Seller's online shop.
4.4 If prepayment is agreed, payment is due immediately after conclusion of the contract.
4.5 If the payment method "PayPal" is selected, 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, subject to the PayPal terms of use, viewable at https://www.paypal.com
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com
5) Delivery and Shipping Conditions
5.1 The delivery of goods generally takes place by shipment and to the delivery address specified by the Customer. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes with the handover of the goods for shipment or with the handover to the commissioned transport person.
5.4 Self-collection is not possible for logistical reasons.
6) Liability for Defects
The statutory liability for defects applies.
7) Special Conditions for the Processing of Goods According to Specific Customer Requirements
7.1 If, according to the content of the contract, the Seller also owes the processing of the goods according to specific customer requirements in addition to the delivery of goods, the Customer must provide the operator with all content required for processing, such as texts, images or graphics, in the file formats, formats, image and file sizes specified by the operator and grant him the necessary rights of use for this. The Customer alone is responsible for the procurement and acquisition of rights to this content. The Customer declares and takes responsibility for having the right to use the content provided to the Seller. He particularly ensures that no third-party rights are infringed thereby, especially copyrights, trademark rights and personal rights.
7.2 The Customer indemnifies the Seller from claims of third parties that they may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. The Customer also bears the reasonable costs of the necessary legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged, in the event of a claim by third parties, to immediately, truthfully and completely provide the Seller with all information necessary for the examination of the claims and a defense.
7.3 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 morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion, if such a restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 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 chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the Customer returns goods paid for entirely or partially with the promotional voucher within the scope of his contractual right of withdrawal, if such a right has been agreed.
8.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances will be credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 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 chosen to settle the difference.
9.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder 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 lack of authorization, the incapacity to act or the lack of power of representation of the respective holder.
10) Applicable Law, Place of Jurisdiction
10.1 If the Customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer's place of residence.
10.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of residence or business.
