As of December 2019
The General Terms and Conditions (hereinafter referred to as “GTCs”) apply to all orders placed via the Spurensicherung AG online shop (hereinafter referred to as “Spurensicherung”) and all contracts concluded (hereinafter referred to as “orders”).
Spurensicherung reserves the right to change the GTCs. The valid version of the GTCs at the time of placing the order shall apply. It may not be amended unilaterally for the relevant order.
Offers are made to customers who are either natural persons or legal entities domiciled in Switzerland, Liechtenstein and the European Union (EU). Deliveries may be made only to addresses in Switzerland, Liechtenstein and the European Union (EU).
Offers are valid for only as long as they appear on the online shop and/or while stocks last. Spurensicherung may change its prices and product range at any time. The images used in advertising media, brochures, on the online shop, etc. as well as all information about the products themselves are for illustrative purposes only and are non-binding. Only the specific information displayed on the product packaging shall apply.
Prices are displayed in Swiss francs and exclude freight and taxes (custom fees, value added tax (VAT), etc.)
The prices stated on the online shop at the time of placing an order shall apply.
Orders placed for additional products or services subject to charge, e.g. delivery are listed separately on the invoice.
The presentation of products on the online shop shall not constitute a legally binding proposal but rather a non-binding online catalog or non-binding invitation to customers to order a given product on the online shop. Spurensicherung reserves the right to limit the delivery quantities of specific products and not to deliver orders involving exceptionally heavy or bulky products.
Placing an order shall constitute an offer to enter into a contract with Spurensicherung.
Following placement of the order, the customer is automatically issued with a confirmation by Spurensicherung, documenting receipt of the order. Customers may cancel or add to their order only until order processing commences at our logistic center. Additions to orders are calculated on the basis of the original order value. Any special offers and discounts applicable at the time of the addition are taken into account.
Spurensicherung may reject an order, either in its entirety or in part, without stating the grounds. In such cases, Spurensicherung will inform its customers accordingly and refund any payments already made. No other claims shall be accepted. In particular, undeliverable products will not be delivered at a later date. Temporarily unavailable products cannot be pre-ordered.
5. Conclusion of a contract
A contract shall be deemed to be concluded when the order is processed at the Spurensicherung logistic center. Customers will receive an order confirmation by e-mail as soon as the relevant order is ready for dispatch.
The customer’s delivery address must be in Switzerland, Liechtenstein or in the European Union (EU).
If the customer is not present at the delivery address at the time of delivery and has not given any special delivery instructions, the delivery will be left at the front door of the apartment/house or the reception/entrance of the company. If the customer’s letterbox is part of a letterbox system, delivery staff will place a collection notification in the customer’s letterbox. The customer will then be required to collect the delivery at the specified post office.
Customers will be responsible for delivered products, even if they have not been received in person by the customer.
Delivery costs are listed separately on the invoice and are at the expense of the customer. It is up to the customer to ensure compliance with the regulations on transport, import, transit and the use of the products in the transit and destination countries.
For customers who can provide evidence confirming compliance with the storage conditions, Spurensicherung guarantees that ordered products will meet the relevant standards until the relevant best-before date, though for no longer than two (2) years from the date of delivery. A statutory period of two (2) years from the delivery date applies for products that do not bear a best-before date.
Spurensicherung can fulfill its guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.
Customers do not have a general right to return fault-free products that are delivered properly.
Should delivered products exhibit clear damage to their packaging or contents, the customer must, without prejudice to his/her warranty rights, immediately complain to the delivery staff and refuse acceptance thereof. Customers are obliged to ensure that delivery staff issue a damage confirmation notification. Any transport-related damage must also be reported to Spurensicherung immediately.
Customers are also obliged to check ordered products immediately upon delivery and store them correctly. Any defects to or deviations from an order must be reported to the Spurensicherung customer care service of the day of delivery, by either calling the customer care service on +41 56 640 93 73 or sending an e-mail to email@example.com. Thereafter, customers may only claim for hidden defects that must be reported to the customer care service of Spurensicherung immediately upon discovery. The amount paid by customers for defective goods is credited to their account. Spurensicherung reserves the right to request proof of defects.
9. Modes of payment
Payments must be made in Swiss francs.
Purchase on account
Because Spurensicherung must bear the initial cost of orders, it checks the customer’s creditworthiness before delivery in order to safeguard itself against default risks. Spurensicherung may refuse or convert payment on account without stating the grounds. Only customers domiciled or registered in Switzerland, Liechtenstein or the European Union (EU) are eligible for payment on account.
In the case of payments on account for which payment slips are sent by post, invoices including payment slips for all orders in the preceding four (4) weeks are sent separately. The invoiced amounts are due within thirty (30) days. If the customer opts for payment using an online payment slip, it is due for settlement in full within thirty (30) days.
Should a customer be in arrears and fail to meet their payment obligations either in full or in part, all outstanding amounts that the customer owes Spurensicherung shall be due immediately, regardless of the title, and Spurensicherung may demand settlement thereof immediately. In the event of payment default, Spurensicherung will not be obliged to accept new orders and will be entitled to suspend outstanding deliveries.
In the event of default,Spurensicherung will be entitled to charge dunning fees and late-payment interest. All expenses incurred in connection with the recovery and collection of overdue payments shall be borne by the customer. Should reminders fail to secure payment, Spurensicherung will be entitled to commission a debt-collection agency to recover the invoiced amounts. This debt-collection agency will assert the claims for the outstanding amounts in its own name and may charge additional processing fees and late-payment interest from the due date.
Refunds, credits and vouchers
If a customer is entitled to a refund or other or credit, the relevant amount is credited to the relevant customer account and can be used for purchases at Spurensicherung.
10. Applicable law and jurisdiction
All legal relationships between Spurensicherung and the customer are subject to the substantive law of Switzerland to the exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
The exclusive place of jurisdiction for natural persons and legal entities is Bremgarten AG, Switzerland.