General terms and conditions of business
Conditions
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
- scope
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Alternative Dispute Resolution
- VAT and import duties
- Transport of the goods to the consumer
- organization of transport
- Disclaimer
- VAT
- customer support
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of Hurni Online Business (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the Seller goods presented in its online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been 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 purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
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 serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 e-mail), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is relevant, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If the "PayPal Express" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) RIGHT OF WITHDRAWAL
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of cancellation, you must send us (Hurni Online Business, Ronen Hurni, Colmarerweg 7c, support@personalizd.ch) a clear statement (e.g. a letter sent by post or email) of your decision to cancel this to revoke the contract. You can use the attached sample revocation form for this, but this is not mandatory. This only applies to goods that are not personalised.
Personalized goods are excluded from the right of withdrawal.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to repay you the order value immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
General information
- Please avoid damage and contamination of the product. Please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
- Please do not send the goods back to us freight collect.
- Please note that the above numbers 1-2 are not a prerequisite for
the effective exercise of the right of withdrawal.
WITHDRAWAL FORM
If you want to revoke the contract, please fill out this form and send it back.
Email: support@personalizd.com
_______________________________________________________ Ordered on (*) ____________ / received on (*) __________________
__________________________________________________________ Name of consumer(s)
__________________________________________________________ Address of consumer(s)
__________________________________________________________ Signature of consumer(s) (only if notification is made on paper)
_________________________ Date
(*) Delete where not applicable
4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, 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 banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed via the payment service provider Shopify Payments. The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Shopify Payments may use other payment services for which special payment terms may apply, to which the customer may be referred separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/de/payments .
5) DELIVERY AND SHIPPING TERMS
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the shipped 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 is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 Collection by the customer is not possible for logistical reasons.
6) RESERVATION OF TITLE
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (GUARANTEE)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) ALTERNATIVE DISPUTE RESOLUTION
8.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
8.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
9) VAT AND IMPORT DUTIES
The consumer acts as the recipient of imports and is therefore responsible for importing the products purchased and, in any case, for paying the VAT and import duties applicable in the country of destination.
10) TRANSPORTATION OF THE GOODS TO THE CONSUMER
At the moment when the contract is formed between the consumer and the entrepreneur (ie after payment by the consumer in the online web shop), the consumer becomes the integral owner of the purchased goods. At this time, the goods end outside of Europe, in China.
The transport of the products to the consumer begins after the contract between the entrepreneur and the consumer has come into being. So, transportation begins after the consumer has become the owner of the purchased products. The transport is carried out in the relationship between the entrepreneur and the consumer.
11) ORGANIZATION OF TRANSPORT
The products are transported at the expense of the entrepreneur, by an external supplier. Consequently, the supplier is responsible for transporting the products to the consumer's door and bears the risk in the event of loss or damage to the products. In case of damage or loss during delivery, contact the supplier.
12) DISCLAIMER OF WARRANTIES
Product Disclaimer
Hurni Online Business acts as a "marketer". Hurni Online Business manages the website, advertisements, customer support and other administrative activities. The products are manufactured, packaged, sold and shipped by an independent third party. Hurni Online Business disclaims any responsibility for product quality and product import.
Hurni Online Business forwards the orders to a third party who acts independently. The sales contract between Hurni Online Business and the customer ensures that the incoming payments are successful, returns are possible and the product is sent and received by the customer. Any relationship to the product is excluded from the purchase contract. Hurni Online Business cannot be held responsible for the product. Liability for the product, product import and other consequences arising from the purchase of this product rests with the manufacturer of this product and not Hurni Online Business or persons representing Hurni Online Business.
13) VAT
In certain countries, a VAT is charged on the products. In case of doubt, VAT can be demanded retrospectively from the customer.
14) CUSTOMER SUPPORT
Customer support is made in Switzerland. Any statements made by customer support can be revoked afterwards.