Terms of service
Disclaimer
This English version has been translated from the original German Terms and Conditions for informational purposes only. The translation is intended to reflect the meaning of the German text as accurately as possible. In the event of any discrepancies, inconsistencies, or interpretation issues, only the German version of the Terms and Conditions shall be legally binding and authoritative. The German Terms and Conditions exclusively govern the contractual relationship.
Table of Contents
- Scope of Application
- Conclusion of Contract
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Liability for Defects
- Special Conditions for the Processing of Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law and Jurisdiction
1) Scope of Application
1.1
These Terms and Conditions of Zehnder Trading and Services Sole Proprietorship, Owner: Pauline Zehnder (hereinafter referred to as the “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding the goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.
1.2
A consumer within the meaning of these Terms and Conditions is any natural person entering into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.
An entrepreneur within the meaning of these Terms and Conditions is any natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when entering into a legal transaction.
1.3
These Terms and Conditions shall apply accordingly to contracts concerning vouchers unless expressly stated otherwise.
2) Conclusion of Contract
2.1
The product descriptions displayed in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2
The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After entering their personal data and clicking the button completing the ordering process, the Customer submits a legally binding offer regarding the goods and/or services contained in the shopping cart.
2.3
The Seller may accept the Customer’s offer within five days by:
- sending the Customer a written order confirmation or confirmation in text form (e-mail or fax), whereby receipt by the Customer is decisive;
- delivering the ordered goods to the Customer, 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 these alternatives occur, the contract is concluded at the moment when the first alternative occurs. If the Seller does not accept the offer within the aforementioned period, the offer shall be deemed rejected and the Customer shall no longer be bound by their declaration of intent.
2.4
If the Customer selects “PayPal Express” as the payment method, clicking the order button simultaneously constitutes a payment instruction to the payment service provider. In deviation from Section 2.3, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer initiates the payment process.
2.5
The acceptance period begins on the day following dispatch of the offer by the Customer and ends at the expiry of the fifth day following dispatch.
2.6
The contract text is stored by the Seller and sent to the Customer together with these Terms and Conditions in text form (e-mail, fax, or letter) after the order has been submitted. In addition, the contract text is archived on the Seller’s website and may be accessed free of charge through the Customer’s password-protected account, provided that the Customer created such an account before submitting the order.
2.7
Before submitting the binding order, the Customer may correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed once again in a confirmation window and may also be corrected there.
2.8
The contract language is German.
2.9
Order processing and communication are carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided is correct and capable of receiving e-mails sent by the Seller or third parties commissioned by the Seller. In particular, spam filters must be configured accordingly.
3) Prices and Payment Terms
3.1
All prices stated by the Seller are total prices. VAT is not shown because the Seller is subject to the Swiss small business exemption. Any additional delivery or shipping costs are indicated separately in the respective product description.
3.2
The available payment methods are displayed in the Seller’s online shop.
3.3
If advance payment has been agreed, payment is due immediately upon conclusion of the contract.
3.4
If a payment method offered through Shopify Payments is selected, payment processing is carried out by:
Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin, Ireland
Stripe may use additional payment service providers, whose specific terms and conditions may apply. Further information regarding Shopify Payments is available at:
https://www.shopify.com/legal/terms-payments-de
4) Delivery and Shipping Conditions
4.1
Goods are generally delivered by shipment to the delivery address provided by the Customer. The address specified during order processing is decisive. If PayPal is selected, the delivery address stored with PayPal at the time of payment shall prevail.
4.2
If the shipping company returns the goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.
4.3
As a general rule, the risk of accidental loss or deterioration of the goods passes to the Customer once the goods are handed over to the carrier or dispatched.
4.4
Collection in person is not possible for logistical reasons.
5) Liability for Defects
The statutory provisions regarding liability for defects shall apply.
6) Special Conditions for the Processing of Goods According to Customer Specifications
6.1
If, in addition to delivery, the Seller is required to process goods according to Customer specifications, the Customer must provide all content required for processing (such as texts, images, or graphics) in the file formats, formatting, image sizes, and file sizes specified by the Seller and grant the necessary rights of use.
The Customer alone is responsible for obtaining such content and the corresponding rights. The Customer warrants that they are entitled to use the content provided and ensures that no third-party rights, particularly copyrights, trademark rights, or personality rights, are infringed.
6.2
The Customer shall indemnify the Seller against claims by third parties arising from the contractual use of the Customer’s content. This includes reasonable legal defence costs, court fees, and attorneys’ fees. This does not apply if the Customer is not responsible for the infringement.
6.3
The Seller reserves the right to reject processing orders if the content provided violates legal regulations, official prohibitions, or accepted moral standards. This particularly applies to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, or glorifies violence.
7) Redemption of Promotional Vouchers
7.1
Promotional vouchers issued free of charge by the Seller as part of advertising campaigns and not available for purchase may only be redeemed in the Seller’s online shop and only within the specified validity period.
7.2
Certain products may be excluded from voucher promotions if such restrictions are stated in the voucher conditions.
7.3
Promotional vouchers must be redeemed before completion of the order process. Retroactive redemption is not possible.
7.4
Only one promotional voucher may be redeemed per order.
7.5
If the voucher represents a fixed amount, the order value must at least equal the voucher value. Any remaining balance will not be refunded.
7.6
If the voucher value is insufficient, another payment method offered by the Seller may be used to cover the difference.
7.7
Voucher balances are neither paid out in cash nor do they accrue interest.
7.8
If the Customer returns goods paid for wholly or partly with a promotional voucher under an agreed right of withdrawal, the voucher value will not be refunded.
7.9
Promotional vouchers are transferable. The Seller may discharge its obligations by performing to the holder redeeming the voucher, unless the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement.
8) Redemption of Gift Vouchers
8.1
Gift vouchers purchased through the Seller’s online shop may only be redeemed in the online shop unless otherwise stated on the voucher.
8.2
Gift vouchers and remaining balances are valid until the end of the third year following the year of purchase.
8.3
Gift vouchers must be redeemed before completing the order process. Subsequent offsetting is not possible.
8.4
Gift vouchers may only be used to purchase goods and not additional gift vouchers.
8.5
If the voucher value is insufficient, another available payment method may be used to cover the difference.
8.6
Voucher balances are neither redeemable for cash nor interest-bearing.
8.7
Gift vouchers are intended exclusively for the person named on the voucher and are not transferable. The Seller may, but is not obliged to, verify the entitlement of the voucher holder.
9) Applicable Law and Jurisdiction
9.1
If the Customer is a consumer, all legal relationships between the parties shall be governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for disputes shall be the Customer’s place of residence.
9.2
If the Customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from the contract shall be the Seller’s place of residence or business.