Terms of service
Terms and Conditions
1. Scope and Extent
These General Terms and Conditions (T&C) apply to all business relationships between you and the online shop www.autopolier.ch of Autopolier.ch, Seestegstrasse 5, 5330 Bad Zurzach (hereinafter autopolier; we) for products you purchase through the online shop.
We reserve the right to change the T&C at any time; the current T&C at the time of your binding order submission apply. Deviating and/or conflicting T&C between you and us do not apply.
You must carefully read the T&C with the following provisions. A binding order may only be submitted after you have declared your agreement to the following conditions and our Privacy Policy (https://autopolier.ch/pages/datenschutz) by submitting a binding order in our online shop. You also expressly declare that you are at least 18 years old and authorized to enter into legally binding contracts.
2. Conclusion of a Purchase Contract
The presentation of our products in the online shop does not constitute a legally binding offer. Our online shop is a non-binding online catalog, a non-binding suggestion to order the products in our online shop. We, therefore, reserve the right to change products and content (e.g., images, prices, descriptions, etc.) at any time without prior notice. Please note that all illustrations, images, advertisements, and other information related to our products are for your information only; they are not binding on us. You acknowledge that, to the extent they are handmade or natural products, there may be color deviations from the representations.
You can order the desired products in our online shop. To do this, you select products, which are then placed in the so-called "shopping cart." Simply placing products in the "shopping cart" does not constitute a binding order. The order only becomes binding when you click on the "Proceed to Payment" button at the end of the ordering process in the order overview. Before submitting the order, you can change all the details, recognize any input errors, and correct them before the binding order is placed.
After submitting your binding order, you will immediately receive an automated order confirmation. The order confirmation contains your order data and a copy of the T&C. We recommend saving the order and especially the T&C on your device. Please note that by submitting the order, no purchase contract is concluded. By submitting the order, you confirm that you have read the T&C and agree to them without reservation.
After your binding order and acceptance of the T&C, we are free to either accept your order at our discretion or reject/cancel it by sending a corresponding notification via email without any liability to you or any third party. Any payment already made by you will be refunded in the event of rejection/cancellation.
In any case, the following reasons, as well as other important reasons, constitute a permissible reason for rejection/cancellation: A product is no longer available; we do not receive authorization for the payment; the payment is not received; you violate the T&C; you commit fraudulent and/or other criminal activities.
The binding purchase contract is concluded upon our acceptance of the order. Acceptance is made by dispatching the ordered products. Please note that the commercial distribution or resale of our products is prohibited.
3. Availability and Reservation of Performance for Non-Deliverable Products
All information about the availability of our products and information on shipping and delivery is provisional and considered approximate guidelines. These are neither binding nor guaranteed shipping and delivery dates. We assume no liability for unavailable products or delays in shipping and delivery; liability for this is expressly excluded.
Our products are available as long as stocks last. Should we find that there are not enough products available, we will inform you immediately. In this case, the contract between you and us will not be concluded. In addition, we reserve the right to limit the number of items per order and/or customer. In such cases, we will inform you immediately by email.
4. Prices and Shipping Costs
The prices of our products correspond to those in the online shop. All prices are quoted in Swiss francs and include the applicable VAT for the respective country. You can view the total price of your order, including any ancillary and/or shipping costs and VAT applicable to the respective country, at the end of the ordering process. Additional customs fees may apply for shipping abroad (outside Switzerland). These are not included in the aforementioned total price and must be paid by you.
By placing a binding order, you declare that you agree with the displayed total price of your order. This price cannot be adjusted afterward.
We reserve the right to change prices at any time. The point in time of the binding order is decisive.
5. Payment Terms / Credit Check
Your orders are generally due for payment immediately. You can pay the total price using the methods displayed in the online shop. However, we reserve the right not to offer certain payment methods in individual cases. In such cases, we will refer you to other payment methods.
You expressly authorize us to carry out credit checks at our discretion and to pass on data about you to third parties for this purpose.
By choosing the payment method, you authorize payment by entering the credit card details or access data of a payment service provider. You authorize us to collect or withdraw payments accordingly. In the event of chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. We are in no way liable for any fees and/or other amounts charged to you by your card issuer or your bank as a result of processing the payment for your order.
We reserve the right, if you pay with a credit card or an alternative payment method, to check the validity of the corresponding card, verify the availability parameters and address data, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, we reserve the right to cancel the order and refuse to ship the products. You will immediately receive an email from us in this case.
If we offer you payment by invoice or prepayment, you will receive the invoice and payment slip either in advance by email or together with the ordered products. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to cancel the delivery (prepayment). If payment is not made on time for an order on account, we are entitled to charge our expenses with reminder fees of CHF 25.00 per reminder. We also charge other costs associated with debt collection as well as statutory default interest. If enforcement action is necessary, we will charge an additional processing fee of at least CHF 200.
5.1 Purchase on Account with Partial Payment Option (POWERPAY)
MF Group / POWERPAY, as an external payment service provider, offers the payment method "purchase on account." With the single invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified timeframe, you will receive a monthly invoice with an order overview in the following month.
Upon conclusion of the purchase contract, POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. By purchasing on account, you additionally accept our T&C and the https://www.powerpay.ch/en/agb of POWERPAY. (powerpay.ch/en/agb).
6. Delivery Conditions
Delivery is generally made via the delivery service of Swiss Post AG. The delivery costs are calculated according to the order overview at the end of the order. For delivery to the EU, the following delivery services are used: DHL. The costs incurred are paid in advance by you (see order overview).
The goods you order from us in the online shop will be delivered to you, depending on the destination and availability of the products, within 6-8 working days after receipt of full payment. If products are marked as "out of stock" when ordering, we will endeavor to deliver the goods as quickly as possible. We strive to meet the specified delivery times. In no case are we responsible for delivery delays, regardless of their causes. You will be informed of delivery delays immediately by email.
If a delivery delay lasts more than 3 weeks beyond the original delivery date, you are entitled to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.
7. Retention of Title
We retain ownership of the ordered products until they are fully paid.
8. Right of Withdrawal and Return (only for customers residing in the EU)
The following provisions apply only if you are a resident of the EU. If you are a resident of Switzerland, the following provisions are irrelevant:
For all purchases made through our online shop (with the exception of certain products; see the restrictions on withdrawal below), you have a right of withdrawal as a consumer without giving reasons within 14 days of receipt of the products. You or a third party designated by you, who is not the carrier, can withdraw from the contract within 14 days of receipt of the products by returning the respective products to us or sending us a clear declaration of withdrawal in text form (e.g., by letter or email).
The 14-day return period begins on the day after receiving the products and is considered met if the products or the notice of withdrawal are handed over to the post office or another transport company on the last day for return or shipment.
The prerequisite for exercising the right of withdrawal is that you return the products unused, complete, and intact, if possible, in their original packaging, to us. The goods, together with the completed return slip, must be returned to the following address:
Autopolier.ch
Seestegstrasse 5
5330 Bad Zurzach
If you withdraw from the contract and return the goods properly, we will refund the total price you paid (excluding any delivery costs) no later than 14 days from the day we receive notification of your withdrawal from this contract or the goods have been returned to us. The refund will be based on the original payment method and will always be made to the associated account used for payment. Please ensure that you have access to the specified account, as we assume no liability for this.
We may refuse to refund until we have received the delivered products back or until you have provided proof that the products have been returned.
You only have to pay for any loss of value of the products if this loss of value is due to handling not necessary to examine the nature, properties, and functionality of the products.
The right of withdrawal is excluded if the products are made according to your own wishes and specifications or are clearly personalized for you (so-called customer-specific, individualized products). The right of withdrawal is also excluded for products unsuitable for return due to health or hygiene reasons if their packaging has been opened after delivery.
9. Defects / Warranty
We guarantee that the products correspond to the promised properties and do not have any defects that would impair their value or suitability for the intended use.
You must check our products immediately after receipt for correctness, completeness, and any damage. Errors or damage must be reported to us within 5 working days. Defects that could not be discovered during a proper examination and only appear later must be reported in writing immediately upon discovery. If you do not check the products and/or report defects immediately, the product is considered approved, and you are no longer entitled to make claims against us.
You acknowledge that, to the extent they are handmade or natural products, deviations in shape, color, and size do not constitute a defect.
The statutory warranty provisions apply to manufacturing defects/material or production defects. The warranty period is 2 years from the receipt of the respective product. Products damaged due to your own fault are excluded from the warranty.
Your warranty claims are limited to replacement delivery or defect rectification/repair, excluding all other claims, particularly reduction or compensation for indirect and consequential damages. We decide at our discretion on replacement delivery or repair. If replacement delivery or repair fails, you are entitled to withdraw from the contract only in the case of significant defects.
For complaints or service questions, we are available at the following address with the order number, customer number, a description of the defect, and other helpful information:
Autopolier.ch
Seestegstrasse 5
5330 Bad Zurzach
The defective product must be returned to the above address with a copy of the invoice sent and a detailed description of the defect. The return of a product is at your cost and risk. You should have the return confirmed and keep the confirmation so that the return can be processed in case of package loss.
10. Account Registration
When registering a customer account, customers can view information about completed, open, and recently shipped orders, manage and store address data, any payment data, and a possible newsletter. Customer data is stored, so repeated entry when reordering is not required.
You are responsible for registering your customer account and must provide your personal data required for registration truthfully and completely. You agree to treat the personal access data to the customer account confidentially and not to make it accessible to unauthorized third parties. We assure you that customer data will be treated confidentially and not passed on to third parties. For more information on data protection, please refer to our Privacy Policy at [https://autopolier.ch/pages/datenschutz].
Registration in our online shop is free. You are only entitled to one customer account. We reserve the right to delete multiple accounts and warn, block, or delete and/or change content if you violate the T&C.
We are also not obliged to accept your registration and/or order, even if you are a registered customer.
11. Liability
We are liable for damages caused by the unlawful intent or gross negligence of our own obligations arising from these T&C and the contractual relationships based on them. Liability for slight and medium negligence, as well as indirect and consequential damages, is expressly excluded, whether based on a contract, tort, or other reasons. Indirect damages, for example, include lost profits, financial losses, reputational damage, damages caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of our services. Furthermore, we do not assume any contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability do not apply in the case of the culpable violation of life, body, and health directly caused by us and in the case of mandatory statutory regulations, including the provisions of the Product Liability Act.
Subject to the foregoing, total liability under these T&C, regardless of the reason, and to the extent permitted by law, is limited to the price of the products you have ordered and received from us.
For events beyond our control and influence (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these T&C and the contractual relationship based on them. An event beyond our control includes the following cases: strikes, protests, protest actions, locks, or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road, or other means of public or private transport.
If an event beyond our control occurs, affecting the fulfillment of our obligations under the contract, we will inform you as soon as possible.
12. Data Protection
We collect and process personal data only within the framework of legal regulations, especially considering the applicable data protection laws. For more information on the processing of personal data of customers, their rights, and related questions, please refer to our Privacy Policy at [https://autopolier.ch/pages/datenschutz], which forms an integral part of these T&C.
13. Copyright
The information and content published in the online shop are protected by copyright and are our property or the property of the respective rights holder. Reproduction, editing, distribution, or any other form of exploitation is not permitted and requires our prior written consent or the consent of the respective rights holder. We and/or the corresponding rights holder expressly reserve all related rights.
14. Severability Clause
Should any provision of these T&C be unlawful, invalid, or unenforceable, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed replaced by a valid provision that most closely reflects the economic purpose of the provision and the parties' intentions at the time of contract conclusion. The same applies to any gaps in these T&C.
16. Applicable Law and Jurisdiction
These T&C, the contractual relationships based on them, and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for you as a natural person is either our registered office or your residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.
autopolier.ch, Version October 2023