Terms and Conditions (General Terms and Conditions)
1. Scope
1.1. Our range of goods in the online shop is aimed at consumers in Switzerland and the Principality of Liechtenstein (hereinafter "customers").
1.2. The operator of the online shop at wwww.shopbeebox.com (hereinafter referred to as "Shopbeebox") and your contractual partner is:
Hug Trading + Consulting, Langmättli 22, CH-5273 Oberhofen (AG) - TAX-ID CHE-294.313.140
1.3. These general terms and conditions (hereinafter “GTC”) apply to all contracts concluded between you as a customer and us as the operator of the online shop www.shopbeebox.com (hereinafter referred to as “Shopbeebox” or “HTC”). As part of the ordering process, you accept the General Terms and Conditions in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing in order to be binding. The written form requirement is also met if a declaration is contained in an e-mail.
2. Conclusion of contract
2.1. The offer to conclude a purchase contract is made by the customer by clicking the "Buy now" button after completing the order page. The customer remains bound to the order for one week. The contract is binding if we accept the order within this period in accordance with Section 2.3. assume.
2.2. After sending the order, the customer receives an automated e-mail in which we confirm that we have received the order (order confirmation). The order confirmation only serves to inform you that we have received the order.
2.3. A contract is only valid when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or at the latest by delivering the goods.
2.4. The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also results in the scope of services.
2.5. The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.
2.6. The customer has the option of printing out the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the customer account after entering the personal access data. HTC reserves the right to suspend customer accounts at its own discretion without giving reasons.
3. Prices and shipping costs
3.1. All prices are stated net in Swiss francs (CHF) including VAT. The prices, conditions and vintages stated on the website are subject to change, with the date of the order being the effective date. Price differences of products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in stationary trade are possible. There is no entitlement to a subsequent price adjustment or credit.
3.2. The delivery costs are calculated as follows:
General shipping costs:
For all orders within Switzerland, a flat rate of CHF 7.00 including VAT applies. A surcharge of currently CHF 16.00 (according to POST) will be charged for parcels that the customer requests to be delivered on a Saturday. If an order can only be carried out in partial deliveries, HTC will of course bear these costs.
For all deliveries abroad, higher shipping costs apply. A flat rate of CHF 10.00 will be charged for preparing the correct customs documents.
Customs and VAT fees that may be incurred for deliveries abroad are the responsibility of the customer or recipient.
4. Payment & Retention of Title
4.1. The purchase price can be paid by credit card, TWINT, PayPal or any of the payment methods provided on the website. Companies that are entered in the commercial register will receive an invoice from HTC with a payment term of 15 days net. Private customers who do not want to use an electronic payment option can choose the prepayment payment method. HTC will then send a proforma invoice.
4.2. Orders are payable immediately, taking into account the following provisions.
4.3. When purchasing on account (corporate customers), the purchases made are invoiced on the day of delivery. If our statements are not objected to within 10 days of the date of the statement, the stated balance is deemed to have been approved. The invoice amount is due within 15 days of the invoice date. In the event of default, we charge default interest of 1% per month on the outstanding amount. In addition, we charge a reminder fee of CHF 10 for each reminder, which is added to the outstanding amount plus default interest.
4.4. As a customer, you are only entitled to offsetting or retention rights insofar as the claim has been legally established or is undisputed. Your reciprocal rights in the event of defects in the delivery remain unaffected.
4.5. We reserve title to the delivered goods in any case until the respective invoice amount for a delivery has been paid in full (final and unconditional credit of the total purchase price).
5. Delivery & Passing of Risk
5.1. The seller delivers worldwide. Delivery is made directly to the delivery address and contact person provided by the buyer. If the customer wishes a specific delivery date, he must inform HTC in writing (e-mail or contact form) in good time.
5.2. The delivery takes place under the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or if the manufacturer or sub-suppliers are unable to deliver, there will be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturers or third parties.
5.3. If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in whole for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
5.4. Our performance is an obligation to send and is fulfilled when the goods are handed over to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. We are not responsible for the fault of the transport company used.
5.5. The information in the online shop or in our order confirmation according to Section 2.3. The delivery times stated are calculated from the time of our order confirmation. The delivery time is a maximum of 7 working days, the goods are shipped by priority mail.
6. Obligation to examine and give notice of defects, liability for defects
6.1. You are obliged to check the delivered products as soon as it is possible in the normal course of business and to inform our customer service immediately at mail@fideadesign.com of any defects that are identified. If you fail to do so, the products will be deemed approved. In any case, approval is deemed to have been given if the customer has not submitted a complaint to customer service by email within 8 days of delivery.
6.2. Defects that were not recognizable during a proper inspection in accordance with the previous paragraph must be reported to our customer service immediately after discovery by e-mail to mail@fideadesign.com, otherwise the ordered products are also considered approved with regard to these defects.
6.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The resulting transport costs are at the expense of the customer.
6.4. We provide a guarantee by correcting defects. At our discretion, this is done either through supplementary performance, namely elimination of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.
6.5. If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of the customer to reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR) etc.
6.6. Normal wear and tear and the consequences of improper handling or damage by the buyer or third parties as well as defects that can be attributed to external circumstances are not covered by the guarantee:
In particular, worn, soiled or damaged items are excluded from the warranty.
Incorrect storage or incorrect assessment of drinking maturity (i.e. premature/delayed consumption) do not count as guarantee cases.
6.7 The customer does not receive any guarantees in the legal sense from the seller. Of course, manufacturer guarantees remain unaffected. The seller assumes no liability for the descriptions of third parties, in particular customers in the context of the online shop, resp. Customer ratings published on our social media presence.
7. Liability
7.1. All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis for which they are made, are conclusively regulated in these General Terms and Conditions. Other claims of the buyer - regardless of the legal reason - are excluded to the extent permitted by law. The seller, your assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit or other financial losses of the buyer.
8. Privacy
8.1. The customer hereby agrees to the storage of the personal data entered by him when using the website. This also applies to the storage of the IP addresses that are transmitted each time the website is used. The customer also agrees to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data is not passed on to advertisers.
8.2. The customer also agrees that the seller may use the customer's personal data for direct marketing purposes. This includes advertising to customers by e-mail and post.
8.3. By accepting the terms and conditions, the customer confirms the correctness of the information provided and authorizes Fidea Design GmbH to obtain all information necessary for checking the order from public offices, credit agencies and the central office for credit information (ZEK). Existing customers are also checked at regular intervals by the above-mentioned bodies.
9. Severability Clause & Subject to Change
9.1. Should individual provisions of these General Terms and Conditions be ineffective or incomplete or should fulfillment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the ineffective provision with a permissible, effective provision that comes as close as possible to the original intention and the economic purpose pursued.
9.2. All changes or additions to these terms and conditions must be in a form that allows for text verification, such as fax and e-mail. This also applies to a change in the written form requirement. As soon as the customer uses the seller's services after the change, he implicitly agrees to the new terms and conditions.
9.3. Different contractual conditions of the customer, namely those which the customer declares to be applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and to the extent that they have been expressly accepted in writing by the seller.
10. Jurisdiction / Applicable Law
Place of jurisdiction for the municipality of Mettauertal is 5080 Laufenburg (AG). The contract is subject to Swiss law.
Contact:
Hug Trading + Consulting
Langmättli 22
5273 Oberhofen (AG)
hello@shopbeebox.com or mhu-trading@bluewin.ch