General Terms and Conditions of the Zvrich Online Shop Switzerland

 

1. Scope, definitions

1.1.      For the business relationship between the  ZVRICH GmbH and the customer in connection with the ZVRICH online shop at the URL  www.zvrich.swiss  (“Online Shop”), the following General Terms and Conditions (“GTC”) apply exclusively in the version valid at the time of the respective order. 

1.2.      Deviating or supplementary conditions of the customer will not be recognized unless we expressly agree to their validity in individual cases in writing. Individual agreements in individual cases always have priority.

1.3.      The online shop is aimed exclusively at customers who have their habitual residence, a delivery address and a billing address in Switzerland and abroad and who are consumers in the legal sense, ie natural persons who purchase the goods for personal or family use. The online shop is not aimed at minors.

 

2. Conclusion of contract, product presentation 

2.1.      The presentation of the range in the online shop does not constitute a legally binding offer, but an invitation to the customer to submit his own offer to conclude a purchase contract. We would like to point out that the colors of the products may differ from those shown in the online shop.

2.2.      Your order is placed by placing the selected products in the ZVRICH shopping cart and submitting the order by clicking the “Order for a fee” button. By submitting you are submitting a binding offer to conclude the purchase contract for the products in the ZVRICH shopping cart. Before sending the order form, you can check your selection and information and correct input errors.

2.3.      You will then receive a confirmation of receipt by email confirming that we have received your order. This confirmation of receipt only documents that we have received your order and does not yet represent an acceptance of your contract offer. 

2.4.      The contract is only concluded when we have sent you either a separate declaration of acceptance by email (“purchase confirmation”) or a dispatch confirmation of the goods you have ordered within five days of placing your order. No contract is concluded for products ordered that are not listed in the purchase confirmation or the dispatch notification. This can also affect products that are offered in the online shop, but are not available when your order is received. 

2.5.      Your contractual partner is ZVRICH GmbH in Switzerland.

 

3. Prices, payment, set-off, right of retention and retention of title

3.1.      All prices stated in our online shop are in CHF and include VAT. The euro prices are prices without VAT, as you pay this separately. The prices stated at the time of the order are decisive for the prices of the products.

3.2.      The shipping costs to be borne by you are specified in the Zvrich shopping cart before your order is sent. In the case of deliveries abroad, there are additional customs and VAT costs.

3.3.      Payment for orders in the online shop can only be made by SOFORT transfer, by credit card, PayPal or Twint.  In the case of payment by credit card, we accept Visa, Mastercard and American Express.

3.4.      Payment of the purchase price is due immediately after the conclusion of the contract. When paying with all payment methods, we collect the payment amount immediately after the conclusion of the contract.

3.5.      You are only entitled to offset if your counterclaims have been legally established by a court of law or are undisputed or have been recognized by us.

3.6.      Ownership of the delivered goods remains reserved until full payment has been made. 

 

4. Dispatch and assumption of risk

4.1.      Unless otherwise agreed, the goods will be shipped to the delivery address specified when ordering using the shipping method you selected. Partial deliveries are permitted within the framework of what is reasonable for you. In the case of partial deliveries, we will indicate this in the shipping confirmation. 

4.2.      The dispatch takes place through the  DHL.  Unless otherwise stated, the goods will be received by the customer on the next working day within Switzerland. For international shipments, the transport time varies.

4.3.      Malfunctions for which we are not responsible or with any company commissioned by us (e.g. logistics company to process the contract) as well as force majeure may delay delivery further. We will inform you about such delivery delays as soon as we become aware of them. We will give you a new delivery time that is appropriate to the respective circumstances. If the goods are still unavailable after their expiry due to circumstances beyond our control, we can withdraw from the contract in whole or in part. If acceptance of the goods has become unreasonable for you as a result of the delay, you can withdraw from the contract. We ask you to notify us at least in text form (such as e-mail). Any payment already made will be reimbursed immediately.

 

5. Redeeming campaign vouchers

5.1.      Promotion vouchers are vouchers that we issue for promotional purposes with a certain period of validity. These cannot be purchased by you.

5.2.      Please note that the following conditions as well as the conditions specified on the respective campaign vouchers apply to campaign vouchers. 

5.3.      A customer account is required to redeem campaign vouchers. 

5.4.      If the campaign voucher provides for a minimum purchase or minimum order value, the voucher value is a discount on the actual, final purchase price. The prerequisite for the granting of the discount is that the respective value is actually achieved with the respective purchase. Revocations and other returns made by the customer and accepted by us will be taken into account, i.e. the value of the returned goods will be deducted from the original order value. If the stipulated minimum order value is not reached in this way, the value of the voucher that has already been credited will be offset against any amount to be reimbursed and deducted from it.  

5.5.      Campaign vouchers are only valid for the specified period and can only be redeemed once as part of an order process. Promotion vouchers cannot be combined with one another (not even with different promotion vouchers). 

5.6. Promotion vouchers can only be redeemed after creating a customer account before completing the order process. Subsequent redemption or offsetting is not possible. The value of the voucher is neither paid out in cash nor is interest paid. Any remaining credit will not be refunded.

5.7. If the order amount exceeds the value of a promotional voucher, the difference can be paid using the payment methods offered. 

5.8.      If campaign vouchers are issued in advertising campaigns without consideration, they will be used for (even partial) goods returns in accordance with Digit  6th . not reimbursed.

 

6. Right of return

6.1. As a special service, we grant you the right to return goods purchased in the online shop. This exists according to the following conditions.

6.2. If you want to make use of the right of return, you must return the goods in question at the latest  30 calendar days  return after receipt. The date of posting is decisive. The goods are to be sent in an unused and undamaged condition to the following address:

ZVRICH GmbH

Limmatquai

8001 Zurich

6.3.      In the event of a return in compliance with the above conditions, you will be reimbursed the purchase price already paid, but not our shipping costs.  The return is at your expense.  Regarding campaign vouchers, section  5.6 .

6.4.      There is no right of return for the delivery of goods that are made according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature.

 

7. Warranty

7.1.      We are liable for defects in accordance with the applicable statutory provisions, unless otherwise specified below.

7.2.      We usually do not give any guarantees, for example regarding durability. A guarantee with regard to the goods delivered by us therefore only exists if this has been expressly given, e.g. in the purchase confirmation for the respective article.

7.3.      Usual or unavoidable material-related deviations in quality, color, size, design and design of the goods are not considered defects. In this respect, no warranty claims arise. However, you are free to prove that such deviations cancel out or considerably reduce the value or suitability of the goods for the intended use.

 

8. Liability

8.1.      We are liable for damages – regardless of the legal basis and including liability for our organs and auxiliaries – in the event of willful intent and gross negligence.

8.2.      In the case of simple and moderate negligence, we are liable for whatever legal reason and including liability for our organs and auxiliary persons:

  1. a)  unlimited for damage resulting from injury to life, limb or health;
  2. b) for all other damage only for direct and immediate damage up to a maximum amount of 50% of the purchase price paid by the customer for the goods in question.

8.3.      The limitations of liability arising from the above do not apply if we have fraudulently concealed a defect. The same applies to your claims under the Product Liability Act.

8.4.      The liability regulations in the preceding paragraphs also apply to personal liability on the part of our organs, employees and auxiliary persons.

9.  privacy

The following provisions of this section 9 only apply if appropriate consent has been given.

9.1. Use of data for measures to prevent abuse and fraud

I agree that, even if an order process is canceled, 1) my data for the execution of the contract (e.g. object of purchase, shopping cart, name, postal address, e-mail address, delivery address, payment method and bank details) and 2) the device and usage data of my website visits to this website (e.g. country settings, device information, information about the start, end and scope of the websites visited as well as click paths) together with 3) a cookie (i.e. a small text file that is stored locally in the cache of the web browser) and / or a visitor ID, each of which is created from non-personal data from the end devices used when visiting the website (e.g. screen resolution and operating system version) and With a certain probability, the terminal devices I use can be recognized during subsequent visits, collected, processed and used by us for the purpose of automatically checking whether there are indications of misuse of the website or in the case of this or a future order or an order attempt exist for attempted fraud.

I assure that I am allowed to give my consent to all end devices used by me when visiting this website and that I inform third parties to whom I give my end devices that I use about this consent and ensure that they also agree to the measures described or otherwise do not visit this website with my end devices.

The usage data of my website visits are taken from a database in which they are stored under a pseudonymous identifier for the purposes of advertising, market research and the needs-based design of these websites. Details can be found in the relevant provisions of the data protection declaration.

9.2. Preference Center

I agree that my details in the Preference Center will be collected, processed and used for the purposes of personal advice, customer service and the personalization of advertising and will be merged with the tracking data of the newsletter, provided that I consent to their collection separately have. For example, the place of residence is used to send invitations to certain store events. Age, gender, time of purchase and purchase history (item, number, size, color, price, order number, exchange, return, place of purchase) are analyzed to enable personalized product recommendations. The personalized product recommendations are sent by email, SMS / MMS, if you have given your separate consent, by advertising, in the store or by print advertising.

9.3 Newsletter

a) I agree that my e-mail address may be used by ZVRICH GmbH to send me advertising and information in connection with products, offers and services of the group of companies, such as newsletters, event invitations, Action communication, product promotions, to be sent. 

I can give this consent at any time by sending an email to  unsubscribe@zvrich.swiss  withdraw.

b) I consent to the collection, processing and use of tracking data from the newsletter for purposes of personal advice, customer service and the personalization of advertising by ZVRICH GmbH. Information about the newsletter is collected (name of the newsletter, category of the newsletter, time of dispatch, time of opening) and when I clicked on which link within the newsletter. 

I can give this consent at any time by sending an email to  unsubscribe@zvrich.swiss  withdraw.

9.4. Affected Rights

In accordance with the GDPR and GDPR, I can obtain information about whether and which data is stored about me, also with regard to its origin, the recipients or categories of recipients to whom the data is passed on and the purpose of storage. In addition, I can also assert the rights of correction and deletion.

9.5. revocation

The above consents 9.1. until 9.3. I can informally revoke this at any time with effect for the future, for example by email to unsubscribe@zvrich.swiss . Further use of the website may then no longer take place at the provider’s choice.

 

10. Final provisions

10.1.  Should individual provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, the relevant statutory provisions apply. This applies accordingly to the filling in of any loopholes in these terms and conditions.

10.2.  All contracts with us are subject exclusively to Swiss law, excluding conflict of laws and all international and supranational legal systems, in particular the UN sales law.

10.3. The European Commission provides under the link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

a platform for online dispute resolution in consumer matters. There is no obligation to participate in a dispute settlement procedure before a consumer arbitration board and we do not take part in these procedures.

 

11. Service

We value your satisfaction. We therefore endeavor to check your request as quickly as possible and will contact you on receipt of the documents or your input or complaint. For service inquiries or complaints, you can contact us on the telephone number  +41 (0) 44 597 32 66  by email at service@zvrich.swiss  or under the in number  6.2  given address  contact by post.