General terms and conditions with customer information

Table of contents

    1. scope
    2. Conclusion of contract
    3. Prices and payment terms
    4. Delivery and shipping conditions
    5. Liability for defects
    6. Redemption of promotional vouchers
    7. Applicable law, place of jurisdiction

 

1) Scope

1.1 These terms and conditions of BS24 Switzerland AG (nachfolgend „Verkäufer“), gelten für alle Verträge, die ein Konsument oder Unternehmer (nachfolgend „Kunde“) mit dem Verkäufer hinsichtlich der vom Verkäufer in seinem Online-Shop dargestellten Waren und/oder Leistungen abschliesst. Hiermit wird der Einbeziehung von eigenen Bedingungen des Kunden widersprochen, es sei denn, es ist etwas anderes vereinbart.

1.2A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their 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 their independent professional or commercial activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.

2.3The 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), 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 at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4  Wählt der Kunde im Rahmen des Bestellvorgangs „PayPal Express“ als Zahlungsart aus, erteilt er durch Klicken des den Bestellvorgang abschliessenden Buttons zugleich auch einen Zahlungsauftrag an seinen Zahlungsdienstleister. Für diesen Fall erklärt der Verkäufer abweichend von Ziffer 2.3 schon jetzt die Annahme des Angebots des Kunden in dem Zeitpunkt, in dem der Kunde durch Klicken des den Bestellvorgang abschliessenden Buttons den Zahlungsvorgang auslöst.

2.5The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.

2.6When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, along with these General Terms and Conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.

2.7Before the binding order is placed via the seller's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard and mouse functions.

2.8To enter the contract you can use German as your prefered language.

2.9Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms

3.1The prices stated by the seller include statutory VAT and other price components. Any additional delivery and shipping costs are stated separately in the respective product description.

3.2The customer has various payment options available, which are specified in the seller’s online shop.

3.3If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.4If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced.

3.5  When paying with Klarna (purchase on account)
The general terms and conditions for the payment provider Klarna can also be found via the following link: Data protection Klarna.

General terms and conditions for purchase on account with Klarna

  1. Klarna Bank AB, acting through Klarna Bank AB, German Branch, Chausseestraße 117, 10115 Berlin, Germany, Charlottenburg District Court, HRB 217291 B, Branch Manager: Wilhelmus Geerling Klaassen (hereinafter: “Klarna”) offers the payment method “purchase on account” (purchase on account) for customers of the online shop or its operator (merchant) as an external service provider. Purchase on account is only available to consumers aged 18 and over. Please note that when purchasing on account, the delivery address, residential address and billing address must be identical.

  2. The purchase contract for the goods is concluded exclusively between you and the dealer. The processing of the purchase contract is governed by the dealer's contractual terms and conditions. In particular, the dealer remains responsible for general customer inquiries (e.g. regarding goods, delivery times, shipping), returns, complaints, revocations and claims as well as credit notes.

  3. After the purchase contract has been concluded, Klarna takes over the merchant's invoice claim and is responsible for the payment terms in connection with the processing of the purchase contract. Payments must be made within the payment term granted by the merchant exclusively to the Klarna account specified in the invoice.

    If you fail to meet your payment obligation, you will be in default without further notice upon expiry of the payment deadline set for you and will have to pay interest on arrears of 8%. Klarna is entitled to charge a reminder fee of up to CHF 30 per payment reminder as well as other fees, in particular the costs of any debt collection proceedings. Furthermore, Klarna can refuse to process the payment terms of purchase contracts in the future, including in relation to other retailers.

  4. The fees incurred when making deposits at the post office counter using payment slips will be passed on to you.

3.6  Bei Auswahl der Zahlungsart „PayPal“ erfolgt die Zahlungsabwicklung über den Zahlungsdienstleister PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg unter Geltung der PayPal-Nutzungsbedingungen, einsehbar unter https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. Dies setzt u. a. voraus, dass der Kunde ein PayPal-Konto eröffnet bzw. bereits über ein solches Konto verfügt.

4) Delivery and shipping conditions

4.1Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during order processing is decisive. In contrast to this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

4.3In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the buyer when the goods are dispatched or handed over to the commissioned transport person.

4.4Pickup is not possible for logistical reasons.

5) Liability for defects

The statutory liability for defects applies.

6) Redemption of promotional vouchers

6.1  Gutscheine, die vom Verkäufer im Rahmen von Werbeaktionen mit einer bestimmten Gültigkeitsdauer unentgeltlich ausgegeben werden und die vom Kunden nicht käuflich erworben werden können (nachfolgend „Aktionsgutscheine“), können nur im Online-Shop des Verkäufers und nur im angegebenen Zeitraum eingelöst werden.

6.2Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

6.3Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

6.4Only one promotional voucher can be redeemed per order.

6.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

6.6If 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 selected to pay the difference.

6.7The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

6.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

6.9The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity or lack of authority to represent.

7) Applicable law, place of jurisdiction

7.1If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

7.2If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.