§ 1 Scope of application and contracting parties
(1) These General Terms and Conditions apply to all business relations between the Swiss Structured Products Association (hereinafter: SSPA) and its customers concerning physical products (e.g. books).
(2) The General Terms and Conditions apply in the respective version current at the time of the conclusion of the contract. If you, as an entrepreneur, use conflicting or supplementary general terms and conditions, these will only become part of the contract if we have expressly agreed to them.
(3) The address and contact details of your contractual partner are: Swiss Structured Products Association SSPA, Rämistrasse 4, 8024 Zurich, Switzerland
E-mail: firstname.lastname@example.org Phone: +41 43 534 97 72 (Monday to Friday 8 a.m. to 5.30 p.m.)
§ 2 Formation of the contract
(1) The presentation of the product range of SSPA does not constitute an offer to conclude a purchase contract with the Customer. It is non-binding.
(2) By sending an order via internet (by clicking the button “Order now”), e-mail or telephone or via other communication channels, the Customer submits a binding offer to conclude a purchase contract. The customer receives a confirmation of receipt of the order by e-mail (order receipt confirmation). This order receipt confirmation does not constitute an acceptance of the offer, but shall only inform the Customer that the order has been received by SSPA.
(3) A purchase contract for physical products is concluded when SSPA accepts the Customer’s offer by sending the ordered product to the Customer or by confirming the shipment to the Customer with a second e-mail (shipment confirmation).
(4) No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation. In case of the payment method “payment in advance”, the purchase contract is already concluded with the placement of the order by the Customer and the dispatch of the request for payment in advance by SSPA. If SSPA cannot receive the payment within a period of 14 days, the order will be cancelled.
(5) If SSPA cannot accept the Customer’s offer, the Customer will be informed about the unavailability or rejection of the order instead of the acceptance of the order. Temporarily unavailable titles will be noted for the Customer, the Customer’s order remains valid. If necessary, the Customer will be informed separately about possible errors in the information on the assortment on the Website and, if possible, a corresponding counter-offer will be made to the Customer.
(6) SSPA is entitled to make partial deliveries and partial invoices at any time. If partial deliveries are made, SSPA will bear the additional shipping costs. In case of delays in delivery, the Customer will be informed immediately.
§ 3 Price, due date, payment
(1) All prices include the applicable value added tax.
(2) Price fluctuations are possible. The price indicated at the time of submission of the offer is decisive.
(3) SSPA only accepts the payment methods displayed to the Customer during the order process.
(4) Subject to the provision in paragraph 4, the purchase price as well as shipping costs, if any, shall become due upon conclusion of the contract.
(5) SSPA reserves the right to demand advance payment in the amount of the order value, in particular in cases where open invoices are already in the reminder process at the time of receipt of the order. The same applies if the value of goods of all orders, the sum of still open invoices or orders already in the process of being shipped at the time of a new order exceed an amount of 500 CHF. A request to pay in advance will also be sent to any customer whose credit notes reach or exceed 30 percent of their previous total invoice volume. The order will be processed after receipt of payment.
(6) If the Customer is in default, SSPA is entitled to claim higher damages, in particular with regard to the enforcement of the claim by a collection agency or a lawyer.
(7) The Customer shall only be entitled to set-off if and to the extent his counterclaims have been legally established, are undisputed or acknowledged. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.
§ 4 Warranty
(1) If the delivered goods are defective at the time of transfer of risk, e.g. due to a manufacturer’s defect, or if there is a wrong delivery or an incomplete delivery, SSPA shall, at its option, deliver a replacement or cancel the purchase and refund the purchase price to the Customer.
(2) SSPA will refund the postage of the return shipment in case of wrong delivery or delivery of defective goods.
(3) The Customer’s warranty claim expires if he does not notify SSPA of the defect or wrong delivery within 14 days after receipt of the goods by e-mail (email@example.com), telephone or mail.
§ 5 Liability
(1) All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Under no circumstances shall the customer have any claims for compensation for damage that has not occurred to the product itself. This also applies with regard to the personal liability for damages of our employees, workers, representatives and vicarious agents. Any liability claim exceeding the value of the order is excluded.
(2) The exclusion of liability according to paragraph 1 above shall not apply to unlawful intent (intent) or gross negligence.
(3) The ordered products may only be used for the agreed and intended use. Written consent must be obtained in advance for other applications.
§ 6 Data protection
SSPA undertakes to treat the personal data of the customers according to the data protection regulations of Switzerland.
§ 7 Final provisions
(1) The contract is concluded exclusively in German. The legal relations between the Customers and SSPA are governed by the provisions of Swiss substantive law excluding the UN Convention on Contracts for the International Sale of Goods (CISGG).
(2) If the Customer is a merchant, Zurich is the exclusive place of jurisdiction for all claims in connection with the business relationship. Otherwise the place of jurisdiction is determined according to Art. 32 of the Swiss Code of Civil Procedure.
(3) SSPA reserves the right to change these General Terms and Conditions at any time.
§ 1 Revocation
(1) SSPA grants the Customer a voluntary right of revocation. The Customer is entitled to revoke his declaration of intent directed at the conclusion of the contract without stating reasons within 14 days after receipt of the goods in text form (e.g. letter, e-mail, fax) or by returning the goods. The period begins on the day of receipt of the goods by the recipient. The timely dispatch of the revocation or the goods is sufficient to meet the revocation deadline. The revocation in text form is to be sent to the address given in point 1 or by e-mail to firstname.lastname@example.org. The customer bears the burden of proof for the return of the goods.
(2) In the event of an effective revocation, both parties must refund the services already received. If the customer can only return the received goods in a deteriorated condition, he must pay compensation for the value.
(3) The customer shall bear the costs and risk of the return shipment, unless the delivered goods do not correspond to the ordered goods.
(4) Until the goods have been returned in full, SSPA shall exercise its right of retention.
(5) In case of exclusion of the right of revocation and return, the Customer shall bear the costs of resending the goods to us.
§ 2 Household quantities
The sale of physical products (hereinafter referred to as “Products”) shall only take place in quantities customary in the household.
§ 3 Retention of title
Until full payment, the delivered Products remain the property of SSPA.
§ 4 Import of goods abroad
In case of import of goods into countries outside Switzerland, export restrictions may exist and import duties and taxes may be incurred which have to be borne by the Customer. These vary in different customs territories. The customer is responsible for the proper payment of the necessary duties, taxes and fees.
§ 5 Return costs in case of revocation
If the consumer makes use of his right of revocation, he has to bear the direct costs for the return of the goods.