1. CONCLUSION OF CONTRACT AND DELIVERY OF GOODS
1.1 We conclude contracts exclusively in the German language. The following terms and conditions apply to contracts that you conclude with us as a provider (smaract GmbH) via the website creasteel.ch. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
1.2 Already with the placement of the respective product on our website, we make you a binding offer to conclude a contract under the terms and conditions stated in the item description. The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data and the payment and shipping terms, all order data is finally displayed again on the order overview page.
If you choose an instant payment system (e.g. PayPal / PayPal Express) as the payment method.If you use PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the option here to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the button "order subject to payment", you declare legally binding acceptance of the offer, whereby the contract is concluded. The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. A binding contract is concluded upon receipt of the order confirmation. Please note that in the case of prepayment (reservation), the delivery of the ordered goods will take place as soon as we have received payment of the full purchase price and any shipping costs. Therefore, we ask you to transfer the purchase price immediately after receipt of the order confirmation, but within 7 days at the latest.
1.3 Please note that we are exceptionally not obliged to deliver the ordered goods, if we have ordered the goods properly on our part, but have not been supplied correctly or on time. The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In the event that the goods are subsequently unavailable, we will immediately reimburse you for any payments already made.
1.4 We do not assume the risk of having to procure goods ordered (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. We deliver orders within Switzerland. If working days are specified as deadlines, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.
1.5 Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
1.6 You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed. You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context. We do not check the transmitted data for correctness of content and in this respect do not accept any liability for errors.
2. PRICES, SHIPPING, SHIPPING COSTS AND EXPRESS SHIPPING
2.1 The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the statutory value added tax applicable at the time.
2.2 The shipping costs are automatically calculated for each order and shown separately, unless the shipping is declared as free of charge. Free delivery applies exclusively if the place of delivery is easily accessible by the appropriate means of transport. If this is not the case, extra costs may arise, which will be charged to the customer.
2.3 Deliveries are made by a carrier free curbside.
3.1 In principle, we offer the payment methods prepayment, credit cards and TWINT and purchase on account. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept payments from accounts in Switzerland and within the European Union (EU). Any costs of a money transaction are to be borne by you.
3.2 The purchase price is due for payment in the case of purchase on account on the day of receipt of the delivery by the customer. If payment is not made within 30 days after the due date, the customer will be in default. In this case, creasteel reserves the right to charge the customer a reminder fee of CHF 7.00 per reminder in addition to the invoice amount. The outstanding invoice amount (including interest on arrears and reminder fees) may be surrendered or sold for the purpose of collection. In addition to the payment of the invoice amount, the customer is also obligated to reimburse all costs arising from the delay in payment.
3.3 You agree to receive invoices, credit notes and reminders in electronic or paper form.
3.4 Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
Upon conclusion of the purchase contract, POWERPAY assumes the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of POWERPAY. (powerpay.ch/en/agb).
4. PROMOTION VOUCHERS AND THEIR REDEMPTION
4.1 Promotional vouchers are vouchers which cannot be purchased but which we issue as part of promotional campaigns with a specific period of validity.
4.2 Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Individual branded products may be excluded from the voucher promotion. Promotion vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
4.3 The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
4.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other, unless we have agreed otherwise.
4.5 If you have used a promotional voucher in your purchase, we reserve the right to charge you the original price of the goods you keep, if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher.
5. GIFT VOUCHERS AND THEIR REDEMPTION
5.1 Gift Vouchers are vouchers that you can purchase. They can only be redeemed for the purchase of UniqueDeal items, but not for the purchase of other gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered.
5.2 Gift vouchers and credits can only be redeemed before the order process is completed. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
6. RIGHT OF RETURN FOR ARTICLES
In principle, we do not accept returns of goods. Returns without prior notification will not be accepted. Complaints will only be considered if they are made within 8 days after receipt of the goods. In case of defects acknowledged by us, the goods will be taken back and, at our discretion, either replaced or the equivalent value will be refunded. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Further claims cannot be asserted. Claims for damages by the buyer due to defects, due to delay in delivery or for other legal reasons, are expressly excluded.
We will automatically arrange for any refunds to be made to the account you used for payment. If you have paid by invoice and prepayment, the refund will be instructed to the account from which the transfer was made. If you paid by credit card, the refund will be made to the associated credit card account. If you have used a gift voucher with your purchase, we will credit you the corresponding amount.
8. CUSTOMER SERVICE
You can reach our service as follows:
9. LEGAL LIABILITY FOR DEFECTS, WARRANTIES AND FURTHER INFORMATION
9.1 The statutory warranty for defects applies. smaract GmbH expressly reserves the right to supply the purchaser with a replacement free of defects in the event of asserted and established defects in the purchased item. The stated warranty period begins on the day of delivery, but does not apply in the case of improper handling (including the use of chemical products, fire accelerators, self-inflicted damage to powder-coated or thermo-lacquered surfaces, etc.) or disregard of the operating instructions. All defects , which have their causes in material, in the processing and in the construction, are covered.
9.2 You can also additionally archive the GTC as well as the data of your order simply by either downloading the GTC and saving the data summarized on the last page of the order process in the Internet store with the help of the functions of your browser or you wait for the automatic order confirmation, which we will send to you additionally by e-mail after completion of your order to the e-mail address indicated by you. This order confirmation e-mail contains once again the data of your order and our terms and conditions and can be easily printed or saved with your e-mail program.
9.3 If individual provisions of the contract including these provisions are or become invalid in whole or in part or if the contract contains an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
10. APPLICABLE LAW AND JURISDICTION
10.1 Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 With regard to consumers, the place of jurisdiction shall be the Swiss place of residence of the consumer. In business transactions with merchants, our place of business is agreed as the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case we are also entitled to sue at the (residential) domicile of the customer.