Terms & Conditions

Terms & Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Warranty for Defects
  7. Special Conditions for the Processing of Goods According to Customer Specifications
  8. Redemption of Promotional Vouchers
  9. Redemption of Gift Cards
  10. Governing Law and Jurisdiction

1) Scope of Application

1.1

These Terms and Conditions of Florian Pümpin, trading as Florian Pümpin (hereinafter referred to as the "Seller"), apply to all contracts concluded between the Seller and a consumer or business customer (hereinafter referred to as the "Customer") concerning the goods and/or services offered in the Seller's online store.

Any terms and conditions of the Customer shall not apply unless expressly agreed otherwise.

1.2

A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

A business customer is any natural or legal person or legally recognized partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3

These Terms and Conditions shall also apply accordingly to contracts relating to the purchase of gift cards or vouchers unless expressly stated otherwise.


2) Conclusion of Contract

2.1

The product descriptions displayed in the Seller's online store do not constitute legally binding offers but are intended to invite the Customer to submit a binding offer.

2.2

The Customer may submit a binding offer by completing the online order form provided in the Seller's online store.

After entering the required personal information and clicking the button to complete the order process, the Customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart.

2.3

The Seller may accept the Customer's offer within five (5) days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (e.g., email), whereby receipt of the confirmation by the Customer is decisive;
  • delivering the ordered goods, whereby receipt of the goods by the Customer is decisive; or
  • requesting payment from the Customer after the order has been placed.

If several of the above alternatives occur, the contract is concluded at the moment the first of these events takes place.

If the Seller does not accept the Customer's offer within the above-mentioned period, the offer shall be deemed rejected and the Customer shall no longer be bound by it.

2.4

If the Customer selects PayPal Express as the payment method during checkout, clicking the final order button also constitutes a payment instruction to the respective payment service provider.

In this case, notwithstanding Section 2.3, the Seller accepts the Customer's offer at the moment the Customer initiates the payment process by clicking the order confirmation button.

2.5

The acceptance period begins on the day following the Customer's submission of the offer and expires at the end of the fifth day thereafter.

2.6

When an order is submitted through the online order form, the contract text is stored by the Seller and sent to the Customer together with these Terms and Conditions in text form (e.g., by email).

After submitting the order, the contract text is no longer accessible via the Seller's website.

2.7

Before submitting a binding order, Customers may correct their entries at any time using the standard keyboard and mouse functions.

Additionally, all entered information is displayed once more in a confirmation window before the order is submitted and can also be corrected there using the usual input methods.

2.8

The contract language is German.

2.9

Order processing and communication are generally carried out by email and through automated order processing systems.

The Customer is responsible for ensuring that the email address provided during the ordering process is accurate and capable of receiving emails from the Seller.

In particular, if spam filters are used, the Customer must ensure that emails sent by the Seller or by third parties engaged for order processing can be successfully delivered.

3) Right of Withdrawal

Consumers are generally entitled to a statutory right of withdrawal.

Further information regarding the right of withdrawal can be found in the Seller's Cancellation Policy.


4) Prices and Payment Terms

4.1

All prices stated by the Seller include applicable value-added tax (VAT) and any other applicable price components.

Any additional delivery or shipping costs will be clearly indicated in the respective product description.

4.2

For deliveries outside Switzerland, additional costs may arise in individual cases that are beyond the Seller's control and must be borne by the Customer.

These may include, for example:

  • bank transfer fees,
  • currency conversion charges,
  • import duties,
  • customs fees,
  • taxes.

Such charges may also apply if the delivery takes place within Switzerland but the payment is made from another country.

4.3

The available payment methods are displayed in the Seller's online store.

4.4

If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.

4.5 PayPal

If PayPal is selected as the payment method, payment processing is carried out through:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg

The transaction is subject to the applicable PayPal User Agreement, available at:

https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH

Use of PayPal requires that the Customer has or creates a valid PayPal account.

4.6 Shopify Payments

If a payment method offered through Shopify Payments is selected, payment processing is carried out by:

Shopify International Limited
Victoria Buildings
2nd Floor, 1–2 Haddington Road
Dublin 4, D04 XN32
Ireland

The payment methods available through Shopify Payments are displayed during checkout.

Shopify may use additional payment service providers to process payments. In such cases, separate payment terms may apply, and Customers will be informed where applicable.

Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments/de


5) Delivery and Shipping Conditions

5.1

Orders are generally shipped to the delivery address provided by the Customer during checkout.

If PayPal is selected as the payment method, the delivery address stored in the Customer's PayPal account at the time of payment shall be considered the valid shipping address.

5.2

If a shipment is returned to the Seller because delivery to the Customer was unsuccessful, the Customer shall bear the costs associated with the unsuccessful delivery.

5.3

Unless otherwise required by applicable law, the risk of accidental loss or deterioration of the goods passes to the Customer once the goods have been handed over to the shipping carrier.

5.4

Personal collection is not available for logistical reasons.


6) Warranty

The statutory warranty rights apply.


7) Special Conditions for the Processing of Goods According to Customer Specifications

7.1

Where the Seller is required not only to deliver goods but also to customize or process them according to the Customer's specifications, the Customer must provide all content necessary for production, including text, images, graphics, or other materials, in the required file formats, dimensions, and specifications.

The Customer must also grant the Seller all rights necessary to use such content.

The Customer is solely responsible for obtaining all required rights and permissions for the submitted content and warrants that they are legally entitled to use and provide the content.

In particular, the Customer must ensure that the submitted content does not infringe the rights of third parties, including copyright, trademark, or personality rights.

7.2

The Customer shall indemnify and hold the Seller harmless from any third-party claims arising from the Seller's contractual use of the Customer's submitted content.

The Customer shall also bear all reasonable legal defense costs, including court costs and attorneys' fees, unless the Customer is not responsible for the alleged infringement.

If third-party claims are asserted, the Customer is obliged to provide the Seller promptly with all information required for the examination and defense of such claims.

7.3

The Seller reserves the right to reject customization or processing requests if the submitted content violates applicable laws, official regulations, or public morals.

This includes, but is not limited to, content that is:

  • unconstitutional,
  • racist,
  • xenophobic,
  • discriminatory,
  • defamatory,
  • harmful to minors,
  • or glorifies violence.

8) Redemption of Promotional Vouchers

8.1

Promotional vouchers issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by customers (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online store and only during the specified validity period.

8.2

Certain products may be excluded from promotional voucher campaigns if such restrictions are stated in the voucher's terms.

8.3

Promotional vouchers must be redeemed before completing the checkout process. Retroactive application is not possible.

8.4

Only one promotional voucher may be redeemed per order.

8.5

If a promotional voucher provides a fixed monetary value rather than a percentage discount, the total order value must be at least equal to the value of the voucher.

Any remaining voucher balance will not be refunded.

8.6

If the value of the promotional voucher is insufficient to cover the total order amount, the remaining balance may be paid using any other payment method offered by the Seller.

8.7

Promotional vouchers cannot be redeemed for cash and do not earn interest.

8.8

If goods paid for in whole or in part using a promotional voucher are returned under an applicable right of withdrawal, the value of the promotional voucher will not be refunded.

8.9

Promotional vouchers are intended solely for the person named on the voucher and may not be transferred to third parties.

The Seller reserves the right, but is not obligated, to verify the eligibility of the voucher holder.


9) Redemption of Gift Cards

9.1

Gift cards purchased through the Seller's online store (hereinafter referred to as "Gift Cards") may only be redeemed in the Seller's online store unless otherwise stated on the gift card.

9.2

Gift cards and any remaining balance are valid until the end of the third calendar year following the year of purchase.

Any unused balance will remain available until the expiration date.

9.3

Gift cards must be redeemed before completing the checkout process. Retroactive application is not possible.

9.4

Gift cards may only be used to purchase products and cannot be used to purchase additional gift cards.

9.5

If the value of the gift card does not cover the total order amount, the remaining balance may be paid using any other payment method offered by the Seller.

9.6

Gift card balances cannot be redeemed for cash and do not earn interest.

9.7

Gift cards are transferable.

The Seller may fulfill its obligations by honoring the gift card presented by its current holder unless the Seller has actual knowledge or is grossly negligent in failing to recognize that the holder is not entitled to use the gift card or lacks legal capacity or authority.


10) Governing Law and Jurisdiction

10.1

If the Customer is a consumer, all legal relationships between the parties shall be governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from this contract shall be the Customer's place of residence, where required by applicable law.

10.2

If the Customer is acting as a business customer, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered place of business or residence.

 

© IT-Recht Kanzlei                                Dated: 05.08.2026, 15:48:55