General Terms and Conditions
1. Scope
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop www.christbaum-service.ch. The online shop www.christbaum-service.ch is operated by the company Staub Marcel Gartenbau GmbH (hereinafter referred to as SMG).
SMG reserves the right to change these terms and conditions at any time. The version of these terms and conditions applicable at the time of the order is decisive, which cannot be unilaterally changed for this order. Conditions of customers that contradict or deviate from these GTC will not be recognized.
The offer of goods and services in the online shop (hereinafter referred to as "offer") is aimed exclusively at customers with their place of residence or company headquarters in Switzerland.
Deliveries are made exclusively to addresses in Switzerland.
The offer is valid as long as the product can be found in the online shop and / or stocks last.
2. Content
Products and prices
Images of products in flyers, brochures, online shops, etc. serve for illustration and are non-binding.
The information about products is presented in the online shop as customer-oriented as possible, but is not binding. The information provided by the manufacturer, in particular the manufacturer's guarantee, is authoritative if it is valid in Switzerland.
The prices are net, including value added tax (VAT) in Swiss francs. The decisive factor is the price in the online shop at the time of the respective order. SMG reserves the right to change prices at any time.
Availability and delivery time
SMG attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, delivery delays may occur, in particular due to production or delivery bottlenecks. All information on availability and delivery time are therefore without guarantee and can change at any time.
3. Offer
The products and prices in the online shop are considered offers. However, this offer is always subject to the condition dissolving the contract of an impossibility of delivery or an incorrect price indication. The contract arises as soon as the customer places an order in the online shop. (hereinafter referred to as the "contract").
The arrival of an online order is indicated to the customers by means of an automatically generated order confirmation to the email address they provided. The receipt of the automatically generated order confirmation does not contain any assurance that the product can actually be delivered. It only indicates to the customer that the order placed has arrived at the online shop and that the contract has thus come about under the condition of delivery and the correct price.
4. Delivery dates
With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.
If SMG is in default of delivery, the customer has the right to withdraw from the contract from the 25th calendar day since the originally announced delivery date. In this case, SMG will reimburse the customer for amounts already paid in advance. There are no further claims against SMG.
5. Delivery
The delivery address must be easily accessible in Switzerland and by delivery van. If this is not the case, the customer bears the possible cost consequences.
If the customer does not accept the ordered products on the agreed or indicated delivery date, SMG can dissolve the contract and pay the customer the delivery costs incurred and a compensation of 15% of the order value, but at least CHF 50.– as well as any loss in value of ordered products.
6. Obligation to control the goods
The customer immediately checks the delivered or collected goods for correctness. Delivery damage, incorrect and incomplete deliveries must be reported to SMG within 2 calendar days. SMG examines the situation and tries to replace it. Otherwise, the provisions of Art. 201 OR apply.
- free repairs
- partial and complete replacement with an equivalent product
- Credit at the current price, maximum of the sales price at the time of the order or
- reduction
7. Guarantee
For 2 years after delivery, SMG guarantees that the ordered product is free from defects & functions. SMG can optionally provide the warranty
provide.
SMG completely removes the warranty for wearing parts, lights, rechargeable batteries, batteries & fresh products such as plants, cut flowers or cut Christmas trees. Otherwise, the exclusions of liability in accordance with section 8 apply.
If the manufacturer's guarantee goes beyond SMG's guarantee, SMG also grants this to customers.
- improper, non-contractual or illegal storage, adjustment or use of the products
- Use of incompatible spare parts or accessories (e.g. batteries)
- Failed maintenance and / or improper modification or repair of the products by the customer or a third party
- Force majeure, in particular elementary damage, moisture damage, fall and impact damage, etc., for which SMG is not responsible, and official orders.
8. Liability and Disclaimer
Liability is based on the applicable statutory provisions. However, SMG is in no way liable for slight negligence, indirect and indirect damage and consequential damage and lost profit, unrealized savings, as well as damage from delayed delivery, as well as any actions and omissions of SMG's auxiliary staff, whether contractual or non-contractual.
In addition, SMG is not liable for damage caused by one of the following causes:
The service provider commissioned with the execution is liable for defects, delays in performance and damage caused by service providers (e.g. installations or assembly on site).
9. Payment
Payment options
Payments must be made in Swiss Francs. The current terms of payment shown in the shop apply.
10. Change of order or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by customers can be accepted by SMG at its own discretion and charged with a handling fee of 20% of the canceled order value, but at least CHF 50.– and any loss in value of the canceled products since they were ordered.
If a (partial) impossibility of delivery (condition subsequent) occurs after an order or the conclusion of a contract according to Section 7, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded.
11. Return of goods free of defects
There is no general right to return the ordered products. Under the conditions listed for the return of articles, SMG grants the right to return the ordered products within a maximum of 10 calendar days from receipt. There is no right of return for fresh products such as cut flowers, plants or cut Christmas trees.
In this case, the products are returned at the expense and risk of the customer. The products are to be sent back by registered post or courier to the address agreed with us in advance. The products must be properly packaged with all accessories in the original packaging. Damaged products will not be taken back or the customer will be billed in full.
12. Repair outside the warranty
The costs for a repair outside the warranty according to section 7 are borne by the customer. In the case of devices that do not show any detectable defects or the defect is not covered by the warranty in accordance with Section 7, SMG reserves the right to charge the customer for the costs of checking the alleged defect and the shipping costs.
13. Other provisions
Returns that cannot be assigned
Returns that cannot be assigned to a customer or sent back are kept for 6 months and then disposed of.
Data protection
The data collected will be treated confidentially and in good faith.
When you contact us for the first time, your data is collected in the form of personal information such as surname, first name, address, email, phone number for business transactions and for marketing purposes.
Partial invalidity
Should individual provisions of these terms and conditions become invalid or ineffective, this has no influence on the effectiveness of the remaining provisions and these terms and conditions as a whole.
Place of jurisdiction and applicable law
The provisions of Swiss law apply. The place of jurisdiction for all claims in connection with contractual agreements with SMG is Horgen ZH.
Copyright notice
All image material published on our website may neither be copied nor processed. These may not be published elsewhere without the approval of SMG.
If this requirement is violated, SMG reserves the right to take all legal steps
Version 08.2020