These terms and conditions of Gustus GmbH (hereinafter referred to as the "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
These General Terms and Conditions shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.3 The seller may accept the customer's offer within five days,
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer may continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4.1 The Seller's stated prices include the statutory value added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer has various payment options at his disposal, which are indicated in the Seller's online shop.
4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.4 If the payment method delivery on account is selected, the purchase price shall become due after the goods have been delivered and invoiced.
If the payment method delivery on invoice is selected, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check when selecting the payment method delivery on invoice and to reject this payment method in the event of a negative credit check.
5.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. In deviation from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be authoritative.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass when the goods are dispatched or when they are handed over to the appointed carrier.
5.4 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.
The statutory liability for defects shall apply.
7.1 Gift vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
7.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
7.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Several gift vouchers can be redeemed for one order.
7.5 Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
7.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
7.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.
7.8 The Gift Voucher is intended only for use by the person named on it. The Gift Voucher may not be transferred to any third party. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder.
8.1 If the customer is acting as a consumer, all legal relations between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
8.2 If the customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.
We deliver on account. The invoice amount is due without any deduction within 10 days of the invoice date.
Zürcher Kantonalbank, 8010 Zurich
Account: 1130-0125.842 BIC 700
IBAN: CH48 0070 0113 0001 2584 2
BIC: ZKBKCHZZ80A
Retention of title: The goods remain the property of Gustus GmbH, 8610 Uster, Switzerland, until payment has been made in full. The place of jurisdiction is Uster, Switzerland.