General Terms and Conditions

GENERAL TERMS AND CONDITIONS
General Terms and Conditions with Customer Information

1) Scope of application

1.1 These General Terms and Conditions of the company/company Shop Control AG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. 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 concludes a legal transaction for a purpose that cannot be attributed to either their 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, is acting in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

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

2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order 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, whereby the receipt of the order confirmation by the customer is decisive in this respect, 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 the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in 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 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.5 When placing an order via the seller's online order form, the GTCs are accepted and the contract text is saved by the seller. As a result, the customer receives an order confirmation. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before submitting his order.

2.6 Before submitting a binding order 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 submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact shall take place by e-mail 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 by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 The customer has a right of revocation in accordance with the following provision, whereby the customer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. The customer has the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods. To exercise the right of withdrawal, the customer must inform the seller (Shop Control AG, Blegistrasse 23, 6340 Baar, phone: +41 41 768 09 90, e-mail: info@clickandcare.ch) by means of a clear statement (e.g. a letter sent by post or e-mail) of the decision to withdraw from the contract. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

3.2 If the customer has withdrawn from the contract, the seller must refund all payments received to date, excluding delivery costs, immediately and at the latest within fourteen days of the day on which the seller receives notification of your withdrawal from this contract. For this repayment, the customer shall use the same means of payment that he used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment. The seller may refuse to refund the customer until he has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier. The customer must return or hand over the goods to the seller immediately and in any case no later than fourteen days from the day on which the customer notifies the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period. The customer must avoid damaging or soiling the goods and their original packaging. All goods that have been opened or used by the customer are excluded from the right of withdrawal for reasons of hygiene. The goods, including their original packaging and all accessories, must be returned to the seller.

4) Prices and terms of payment

4.1 The prices quoted by the seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 Various payment options are available to the customer, which are specified in the seller's online store.

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

4.4 If the payment method delivery on account is selected, the purchase price is due after the goods have been delivered and invoiced.

If the payment method delivery on account is selected, the purchase price is payable within 20 (twenty) days of receipt of the invoice without deduction, unless otherwise agreed. If the payment deadline is exceeded, the seller is entitled to demand reminder fees of CHF 20 for the 2nd reminder and CHF 50 for the 3rd reminder in addition to the invoice amount to partially cover the costs incurred.

4.5 The customer acknowledges that the seller may transmit personal data to Intrum AG for the purpose of credit checks. The legal basis for this transfer is Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation (GDPR) The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative.

4.6 If the payment method "PayPal" is selected, payment is processed via 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

5) Discounts

5.1 Discounts or discount vouchers (e.g. a voucher with a discount code or a newsletter bonus) can only be redeemed under the terms and conditions of the respective promotion. Multiple discounts and discount vouchers cannot be combined. Discounts cannot be subsequently offset after the order has been completed.

6) Delivery and shipping conditions

6.1 The delivery of goods is carried out regularly by mail order and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction.

6.2 If 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.

6.3 Self-collection is not possible for logistical reasons.

6.4 The seller reserves the right to reject an order if there is already a legal dispute with the customer or if invoices otherwise due for payment from the same person or a person living in the same household are still outstanding.

6.5 The identity and credit check is carried out online by the debt collection service provider Intrum Justitia AG. The seller is therefore entitled to forward customer data to Intrum Justitia AG for this purpose. Orders that are rejected by Intrum Justitia AG are given the option to purchase online by credit card, PayPal or PostFinance Card.

5.6 The customer is responsible for providing a complete and correct delivery address. If the Buyer provides incorrect delivery addresses, delivery may not be possible under certain circumstances, and the Seller may refrain from delivering the product altogether without any claims for compensation or damages being able to be asserted.

7) Returns

If the customer wishes to return products for which he has no claim against the seller for repair or replacement in accordance with point 3, the customer may send the seller a request for a return shipment within 14 days of receipt of the goods. However, whether the seller agrees to such a return is at the sole discretion of the seller. There is no obligation to accept returns. Any declaration of consent by the seller for a return will be communicated to the customer within 48 hours. Returned products or packages will only be accepted in their original packaging, unused and undamaged. The costs of the return shipment must be borne by the customer. In the event of a return, the shipping costs may be recalculated depending on the value of the goods.

8) Exclusion of warranty and liability

The seller warrants that the products are undamaged at the time of shipment. Products that were damaged at the time of shipment will either be repaired or replaced, provided that the customer notifies the seller of the defect in writing within 8 days of receipt of the goods. If the seller so wishes, the buyer must also immediately return the damaged products in their original packaging to the seller. The Seller shall be liable to the Customer for damages to the extent that such liability is mandatory under the Product Liability Act. Any further warranty for the delivered products and any liability for damage caused by these products is excluded, unless the seller has fraudulently concealed the relevant product defects. However, if the seller can assert further warranty claims against its suppliers for the product in question, the seller shall assign these claims to the customer at the customer's request, insofar as this is possible. The seller assumes no responsibility for ensuring that these claims can be successfully enforced. The same applies to any claims that the seller may have against the postal service for any damage incurred during transportation.

The seller does not guarantee that the products are suitable for the customer's intended use or that they will produce a specific result. Also excluded from the warranty is damage for which the customer is responsible, e.g. as a result of improper handling or damage caused by external influences for which the seller is not responsible, such as damage caused during transportation.

Parcels are provided with a tracking code and handed over to Swiss Post for further transportation (transport order). As soon as Swiss Post has delivered the parcel to the customer (including the milk crate, leaving it outside the door), it is deemed to have been delivered. If the parcel has been delivered by Swiss Post but not accepted by the customer, this is considered theft.

9) Disclosure of personal data

9.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. click&care may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. More information under data protection

By accepting the GTC and data protection declarations, the user authorizes the provider to use the personal data collected for marketing purposes. This includes, in particular, contact by telephone, fax, post, SMS and/or e-mail for advertising purposes (to the extent permitted by law).

10) Applicable law, place of jurisdiction

10.1 If the customer acts as a consumer within the meaning of clause 1.2, Swiss law shall apply 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 shall be the customer's place of residence.

10.2 If the customer acts as an entrepreneur within the meaning of clause 1.2, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.