Art. 1 Validity of these terms and conditions

(1) The deliveries and services as well as offers of BÖLLE (hereinafter also referred to as “Contractor” or “we”) based on orders placed by our clientele via our BÖLLE online store or in any other way shall be made exclusively on the basis of these General Terms and Conditions if the customer (hereinafter also referred to as “Customer” or “you”) is a consumer within the meaning of Swiss law.

(2) Deviating General Terms and Conditions of the Customer shall not apply. They shall not apply even if we do not expressly object to them.

Art. 2 Conclusion of contract for orders placed via our website

(1) The presentation of our products on our website is for information purposes and does not constitute a binding offer to conclude a contract.

(2) Your order via our website, however, constitutes a binding offer to conclude a contract. By clicking on “Buy now” in the order overview, you bindingly declare that you wish to order the product(s) selected by you and pay the price stated on the website and in these GTC.

(3) A binding contract is concluded when you have received an order confirmation from us by e-mail after placing your order. With this e-mail or as an attachment to this e-mail you will receive your order information and these Terms and Conditions, which you can save and print. We will also be happy to send you this information at a later date upon request.

Art. 3 Prices, change of order, return costs

(1) All prices quoted by us are final prices in Swiss francs and include the statutory value added tax. Our prices include packaging and shipping within Switzerland and to Liechtenstein. In the case of deliveries of goods to countries outside Switzerland, import duties (customs duties and import turnover tax) and other duties and costs may also be incurred; these are to be borne by you.

(2) If, after the order has been placed, the Customer requests changes to the data provided by the Customer for the execution of the order or arranges for similar additional work to be carried out, the Contractor shall only carry out such work after separate agreement with the Customer and against reimbursement of the additional expense caused thereby.

(3) If you exercise your right of revocation granted by us (cf. Art. 5 of these GTC), you shall bear the direct costs of returning the goods.

Art. 4 Cancellation policy

Right of revocation

(1) You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, or a third party named by you who is not the transporting person, has taken possession of the last goods.

(2) In the event of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the revocation period shall be fourteen days from the day on which you or a third party named by you, or a third party named by you who is not the person transporting the goods, has taken possession of the last goods.

(3) In order to exercise your right of withdrawal, you must inform us (Verein BÖLLE, Witikonerstrasse 38, CH-8032 Zurich, boelleischlebe@gmail.com, +41 78 815 48 50) by means of a clear declaration of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

(4) If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

(5) We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

(6) You shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

(7) You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Art. 5 Exclusion of the right of withdrawal

The right of revocation does not apply to donations in connection with the Guinea Project, even if tangible objects may be designated as the subject matter of the contract.

Art. 6 Delivery

Standard shipping to Switzerland is free of charge and takes between 1-5 business days. The contractor reserves the right to change the modalities in each product description in individual cases.

Art. 7 Force majeure

(1) If we are unable to deliver the ordered goods on time or at all due to unavailability of goods or their materials due to force majeure, we will inform you about this immediately and inform you about the expected new delivery time.

(2) If delivery is impossible or if we are also unable to meet the anticipated new delivery deadline, we may withdraw from the contract at any time without incurring damages if the conditions set out in Art. 7 (3) are met. In this case, we shall immediately refund any payments already made (without interest).

(3) The Contractor may withdraw from the contract in the event of force majeure, i.e. if an unforeseeable and extraordinary event delays the delivery not only for a short time or makes it impossible and we cannot avoid this with reasonable means, such as strikes at the production site, accidents for which we are not responsible, epidemic/pandemic or storms on the transport routes.

(4) Any rights to which we are entitled in such cases by law or otherwise (e.g. due to impossibility or unreasonableness) shall remain unaffected by the right of withdrawal under this clause.

Art. 8 Shipment

Delivery shall be made to the delivery address specified by the customer. A subsequent change at the request of the customer (also with regard to the initially selected delivery option) must be agreed upon as a change to the contract, insofar as this is still actually possible. In this case, a flat-rate processing fee of CHF 10.00.- (incl. VAT) plus any further costs arising from a change to the delivery option shall be incurred, subject to a deviating regulation in the individual case.

Art. 9 Rights of the Customer in case of defects / warranty

(1) If the delivered item/service/goods does not correspond to the quality agreed between the Customer and the Contractor or if it is not suitable for the use assumed under the contract concluded or for general use or if it does not have the properties to be expected on the basis of public statements made by the Contractor, the Contractor shall be obliged to provide subsequent performance. Only if the supplementary performance fails at least twice, the Customer may either withdraw from the contract or reasonably reduce the purchase price and claim damages under the further conditions of Art. 9. A right to substitute performance is excluded.

(2) Obvious defects shall be notified to us immediately, at the latest within a period of 14 days from receipt of the goods, in text form and in detail; otherwise the assertion of warranty claims shall be excluded. Timely dispatch shall be sufficient to meet the deadline; the burden of proof for this shall be on you

(3) Claims for defects shall become time-barred 2 years after delivery of the goods.

Art. 10 Limitation of liability

(1) The contractor shall be liable to you in cases of intent and gross negligence, for injury to life, limb or health; in accordance with the provisions of the Product Liability Act; in the event of the assumption of a guarantee by the contractor as well as in all other cases of statutory mandatory liability, in each case in accordance with the statutory provisions.

(2) In all other respects, claims for damages against the Contractor – for whatever legal reason, in particular for breach of duties arising from the contractual obligation by the Contractor, its legal representatives, employees or auxiliary persons or for tortious acts – shall be excluded.

(3) Insofar as the Contractor’s liability is limited or excluded under the above provisions, this shall also apply, insofar as legally permissible, to the personal liability of the Contractor’s legal representatives, employees and auxiliary persons.

Art. 11 Retention of title

(1) We retain title to the purchased item until the invoice amount has been paid in full. The Customer shall be obliged to cooperate in measures to protect the Contractor’s property.

(2) If the Customer is in default with any payment obligations to the Contractor, all existing claims shall become due immediately.

Art. 12 Payment

(1) You can choose from the payment methods offered in the order process.

(2) In case of payment by credit card, the invoice amount will be collected from the Customer before shipment.

(3) If the Customer culpably refuses to accept the goods without justification, the Contractor shall be entitled to charge a flat-rate compensation fee of CHF 10.00 (net). If the Customer proves a lower damage, this shall be taken as a basis. Likewise, the Contractor shall have the option to prove higher damages, which shall then be the basis for the compensation.

(4) The Customer agrees to the transmission of electronic invoices. Invoices shall be payable immediately upon receipt without deduction, unless there is an agreement in text form on other payment terms or a different payment period is stated on the invoice.

(5) If older debts of the Customer exist with the Contractor, the Contractor shall be entitled to credit payments first against the older debts of the Customer despite any provisions to the contrary. The Contractor shall inform the Customer of the offsetting that has taken place. Costs and interest already incurred shall entitle the Contractor to set off the payment of the Customer first against the costs, then against the interest and finally against the main performance.

Art. 13 Data and Order Documents

Within the scope of the business relationship, the Contractor shall process, if necessary, personal data or personal data (e.g. title, name, address, telephone number, bank details) of the Customer or of third parties provided by the Customer. The Customer shall be responsible for the lawfulness of the transmission and processing for the fulfillment of the order or the request as well as for the fact that – insofar as necessary – corresponding consents of the persons concerned have been obtained. In this respect, the Customer shall fully indemnify the Contractor against any claims by data subjects.

Art. 14 Final Provisions

(1) Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction is the city of Zurich. We are also entitled to sue you before any other competent court.

(3) If general terms and conditions or other contractual agreements have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.

  

Zurich, 04.05.2023