General Terms and Conditions (GTC) – CALIDA Online Shop Switzerland & Liechtenstein
Applicable for sales contracts from 13.06.2014.
Orders can be placed exclusively by consumers resident in Switzerland and Liechtenstein with shipping addresses in Switzerland and Liechtenstein on the Internet page labelled “Schweiz“. Goods will be issued in standard household quantities only. If included, these general terms and conditions of CALIDA AG (hereafter: CALIDA) apply to all orders in the Swiss CALIDA online shop only. Customers who wish to place orders for commercial or freelance professional requirements should contact the provider by e-mail (firstname.lastname@example.org).
2) Establishment of contract
The ordering process for Switzerland and Liechtenstein available in German, English, Italian and French comprises the following steps:
- Firstly, select your desired merchandise and place it without commitment in your shopping bag using the “Add to Shopping Bag” button. You can then look at the content of your bag with no commitment.
- Secondly, you can use your data to register for or log on to our website in order to access and check previously saved billing and shipping data. You can also place an order as a “guest”, which means that we will not create an online customer account for you.
- Thirdly, choose your mode of payment and confirm your type of delivery.
- Fourthly, you can check your order again before sending it off and correct any errors by clicking on “Change details”. The order is forwarded to us by clicking on "buy now for CHF xxx,xx“.
- You will receive a printable order confirmation by e-mail after placing your order.
The presentation of our goods on the Internet is merely a non-binding invitation for you to order goods from us. By placing your order you are making a binding offer to conclude a purchase contract. We accept the offer by, for example, delivering the goods.
The automatically generated e-mail order confirmation does not constitute acceptance of the offer, and is merely an indication that the order has been received. If you do not receive further notice on our part within six working days, your order is considered accepted by our company.
3) Shipping costs and delivery
We deliver free of charge around 4-6 working days after receipt of order.
If, after formation of the contract, we find that we are unable to complete an order due to reasons beyond our control (e.g. act of God, non-delivery despite reorder), we are entitled to withdraw from the agreement. In any event, we will notify you without delay if we are unable to complete an order. If this occurs, any payments already made will naturally be reimbursed to you.
4) Prices and payment
The prices displayed on the Internet site at the time of ordering apply. The prices shown include statutory value added tax.
Goods can be paid for by PayPal, PostFinance or credit card. The payment amount will be charged to you on receipt of your order. Our customers in Switzerland can also pay by invoice. Transactions will be processed by Billpay (Billpay.de).
4.1) Payment by invoice (only in Switzerland)
When paying by invoice, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (https://www.billpay.de/endkunden/). There is no payment slip attached to the invoice. The payment by invoice does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to pay by invoice, then the payment will be processed in cooperation with Billpay GmbH, to whom we after conclusion of the contact of sale transmit our claim of payment. As payment by invoice via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions (https://www.billpay.de/allgemein/datenschutz/) of Billpay GmbH apply. In the event of non-fulfillment of your payment obligations, you will set in default following the lapse of your payment period without any further notice and the default interest of 8% is to be paid. Billpay is entitled to charge per payment reminder a reminder fee of up to CHF 30.00 and other fees, in particular the cost s of a possible debt collection process. In addition, Billpay may in the future refuse providing payment methods for contracts of sales, including those with other merchants. The General Terms and Conditions (https://www.billpay.de/ch/datenschutz-en/) of Billpay GmbH are applicable.
4.2) Limitation of ownership
(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
(2) A right of compensation is available for you if your counterclaims are legally established, recognized or accepted by us. You also have a right of retention only if and when your counterclaim is based on the same contract.
(3) If the customer has any remaining default payments due to us, all existing receivable are due immediately.
5) Saving of contract text
We will save your order data. You will receive your order data after sending your order by e-mail with the order confirmation. If you have a customer account, your order data can also be viewed in your user account. Only the currently applicable General Terms and Conditions can be accessed and printed out on our Internet site.
6) Reservation of title
Goods remain the property of CALIDA until full payment has been made.
7) Information concerning the exercise of the right of withdrawal
Information concerning the right of withdrawal
Right of withdrawal:You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
To exercise the right of withdrawal, you must inform us (by mail to CALIDA AG, CALIDA Online Shop, Postfach, CH-6210 Sursee, by e-mail to email@example.com or by fax to +41 (0)41 925 42 84 Mo - Fr: 9.00 - 17.30) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to CALIDA AG, CALIDA Online Shop, Postfach, CH-6210 Sursee, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Important:The right of withdrawal is not provided for contracts where non-prefabricated goods made on the basis of an individual choice of or decision by the consumer are delivered or for the supply of goods made to the consumer's specification. This also applies to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Unless expressly agreed otherwise, the statutory warranty provisions apply within a period of two years starting with the delivery.
Please note that the colours shown are dependent on the monitor used and camera technology. Not every colour deviation therefore constitutes a defect.
9) Applicable law
Swiss law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Tel.: +41 (0)41 925 45 25 Mo - Fr: 9.00 - 17.30
Fax: +41 (0)41 925 42 84 Mo - Fr: 9.00 - 17.30
11) Model withdrawal form:
(Complete and return this form only if you wish to withdraw from the contract)
To CALIDA AG, CALIDA Online Shop, Postfach, CH-6210 Sursee:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods,
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.