Published: January 2018
1. Scope and Contracting Party
1.1 The following General Terms and Conditions apply to orders for goods from the product range available on the Setthim SA Online Shop (www.setthim.ch) in the respective version in force at the time of the order.
1.2 The contracting party of the customer is Setthim SA, Strada Regina 42, 6934 Bioggio, Switzerland, tel.: +41 91 600 10 45, e-mail: firstname.lastname@example.org (hereinafter referred to as the “Setthim Online Shop”).
1.3 The General Terms and Conditions form an integral part of the contract concluded between the Setthim Online Shop and the customer. Provisions deviating from the General Terms and Conditions will only be legally binding if they have been expressly accepted in writing by the Setthim Online Shop. Any conflicting terms and conditions will not be recognized.
2. Orders Procedure and Conclusion of the Contract
2.1 The customer can select items in the Setthim Online Shop product range and put them together in a shopping cart by clicking on the “Add to cart” button.
2.2 By clicking on the “Payment” button, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these General Terms and Conditions.
2.3 The resulting order confirmation, which is automatically sent out by e-mail, confirms that the order of the customer has been received by the Setthim Online Shop; however, this does not yet constitute acceptance of the customer’s offer.
2.4 The contract is only concluded when the Setthim Online Shop sends a declaration of acceptance to the customer by e-mail (order confirmation), or when the ordered goods are shipped, or a notice that the goods are ready for collection is issued.
2.5 If the ordered goods are not available, the Setthim Online Shop reserves the right not to accept the offer of the customer, meaning that no contract is concluded. The customer will be informed of this by e-mail. In this case, the customer will be refunded for any payments already made for the items ordered.
2.6 If only a part of the ordered goods is available, the Setthim Online Shop reserves the right to accept the offer of the customer for only a part of the goods, so that a contract is concluded solely with respect to the aforementioned part of the goods. The customer will be informed of this by e-mail. In this case, the customer will be refunded for any payments already made for the other part of items ordered.
2.7 If, once the contract has been concluded, the partial or total shipping of items ordered is not possible due to force majeure or for reasons not attributable to the Setthim Online Shop, the latter is entitled to fully or partially rescind the contract. The customer will be informed of this by e-mail. The customer will be refunded for any payments already made for the relevant items, with such a refund being in full (in the case of total rescission), or partial, covering items that cannot be sent (in the case of partial rescission). The customer is not entitled to any further claims; therefore, any right of the customer to compensation or damages, and any contractual or noncontractual liability for direct or indirect damage to persons and/or property, caused by the failure of acceptance or processing of an order, in full or in part, is excluded.
3.1 The Setthim Online Shop is authorized to perform split deliveries. Subsequent deliveries will take place immediately following the arrival of the goods. Where the Setthim Online Shop indicates shipping or collection periods, these will be nonbinding indicative values.
3.2 If the customer opts to have goods shipped, the customer will be notified by e-mail when the goods have been passed on to the carrier for shipment. The Setthim Online Shop reserves the right to select the carrier.
Once the goods have been delivered to the carrier, the risk of loss will pass on to the customer. The Setthim Online Shop insures goods against transport damage if their value exceeds the maximum liability limit of the carrier. In order to safeguard against claims against the carrier and/or the insurance company, the customer must verify that the goods, upon acceptance of the shipment, are intact and received in their entirety. In the event of transport damage or discrepancies in quantity that are clearly visible, the customer must provide the carrier with a precise and detailed reservation. Transport damage or discrepancies in quantities that are not clearly visible must be reported to the Setthim Online Shop customer services department (tel.: +41 91 600 10 45; e-mail: email@example.com). Unconditional acceptance (in the event of transport damage or differences in quantities that are clearly visible) or the expiry of the five-day period (in the case of transport damage or discrepancies in quantities that are not clearly visible) will result in the forfeiture of claims against the carrier and/or insurance claims.
It must be possible to deliver and collect goods in a reasonable manner, without the use of support equipment such as hoists, flexible controls, special vehicles, or the like. The customer shall notify any difficulties and/or impediments in or to the delivery or collection of goods in advance and clarify any additional financial costs arising as a consequence. If the carrier cannot directly reach the destination, the goods will be transported to the nearest accessible place.
The customer is obliged to accept the shipment. If a shipment proves to be undeliverable and the carrier returns the goods to the Setthim Online Shop, then the Setthim Online Shop reserves the right to waive the subsequent fulfillment of the obligations of the customer; the Setthim Online Shop is under no obligation to grant an extension period during which the goods are to be collected. The Setthim Online Shop is also entitled to claim damages for contractual breach. The customer’s right of voluntary return (see section 6) regarding goods that are not accepted does not apply.
3.3 If the customer decides to collect the goods from a collection point, the customer will be notified by e-mail as soon as the order is ready for collection. On receipt of the collection notice, the risk of loss of the item passes to the customer. In order to be able to collect the goods, the customer must present the collection notice along with a photo ID issued by a public office (national identity card, driver’s license, passport, etc.).
The customer is obliged to accept the order within 10 days of receipt of the collection notice. If the customer does not collect the order within 10 days, the Setthim Online Shop reserves the right to waive the subsequent fulfillment of the obligations of the customer; the Setthim Online Shop is under no obligation to grant an extension period during which the goods are to be collected. The Setthim Online Shop is also entitled to claim damages for contractual breach. The customer’s right of voluntary return (see section 6) regarding uncollected goods does not apply.
3.4 The customer must bear in mind and undertake to abide by the expiration dates on any perishable goods for the purposes of consuming these goods. The customer must also abide by any storage directions stated on the products.
4. Price and Payment
4.1 All Setthim Online Shop prices are in euros (EUR) and include the applicable statutory value-added tax (VAT) and other applicable taxes.
4.2 Shipping costs and any other additional costs (e.g. surcharges connected to the chosen payment method), if applicable, will be displayed separately and charged to the customer.
4.3 The customer is only entitled to use the payment method options given on completion of the order process.
4.4 The agreed price as well as the shipping costs and any other additional costs (see section 4.2) must be paid immediately using the available online payment channels or by cash on delivery (cash payment only) at the time that the goods are delivered and collected. Any costs and disbursements incurred by the Setthim Online Shop or third-party suppliers regarding the recovery of outstanding amounts, namely payment reminder costs, interest on arrears, and costs for the transfer of credit to a debt collection agency, must be borne by the customer. If an extension of at least 10 days is granted to the customer, the Setthim Online Shop also reserves the right to waive, in full or in part, the subsequent fulfillment of the obligations of the customer, the right to claim all or part of the goods that may have already been delivered, and the right to claim damages for breach of contract.
4.5 If the customer chooses to pay online, a service offered by PayPal will be used to make the payment. The customer shall enter their online banking access data on an online portal provided by PayPal; these details will not be retained by the portal itself. The aforementioned online portal along with its technical infrastructure for transmitting access data are outside the sphere of influence of the Setthim Online Shop. Therefore, the Setthim Online Shop accepts no liability whatsoever for any use of this payment method.
5. Retention of Title
The goods will remain the property of the Setthim Online Shop until full payment of all claims arising from or relating to the purchase have been made.
6. Right of Voluntary Return (Right of Rescission)
6.1 The Setthim Online Shop guarantees the customer a free and voluntary right of return (right of rescission) within a period of 14 days from the first delivery or collection of the goods. The right of return is subject to the condition that the goods are not damaged, do not show any signs of use, and are returned in full (including all accessories and other documents relating to the product). Food items (e.g. water bottles) whose original packaging has been opened and cases of misuse, which are determined at the discretion of the Setthim Online Shop, are expressly excluded from the right of return. In cases where several goods have been purchased together for a total price, the right of voluntary return exists only in respect of these goods in their entirety.
6.2 For the assertion and exercise of the right of return (right of rescission), the customer must proceed as follows:
in the event of
a) goods whose original packaging has been opened or damaged or is no longer available: the customer must contact the Setthim SA customer service department via the e-mail address firstname.lastname@example.org;
b) unopened goods with intact packaging: the customer, in addition to the possibility referred to in section 6.2(a), may send these to the address that will be provided following a request sent to the e-mail address email@example.com, through which the respective returns form will also be sent.
6.3 In all cases, the transport of returns or the shipment of returns will take place at the risk and expense of the customer, in accordance with current regulations.
7. Warranty and Liability
7.1 The Setthim Online Shop provides the customer with a warranty period of two years for materials or manufacturing defects, commencing from the first delivery or collection of the goods. All information (product descriptions, illustrations, films, masses, weights, technical specifications, additional reports, and other indications) on the Setthim Online Shop is subject to the right of error and does not constitute any guarantee of its characteristics. The customer’s obligation to verify and object complies with the regulations. The transfer of actions for breach of warranty is excluded.
7.2 The customer’s right to warranty is fulfilled by eliminating defects, the subsequent delivery of replacement goods that are of the same quality and free from defects, reducing prices (reduction), or terminating the contract. The elimination of defects is carried out by persons selected by Setthim.
7.3 In the event that replacement goods are delivered that are of the same value and free from defects, the warranty period is again equal to two years from the date that the customer is notified that the replacement goods are ready for collection.
7.4 For the assertion and exercise of the right to warranty, the customer must contact Setthim via the e-mail address firstname.lastname@example.org.
7.5 For the purposes of exercising the customer’s right to warranty, the customer must report the defect to Setthim within the terms provided for by the regulations in force commencing from the time that the defect is discovered.
8. Data Protection
8.1 The Setthim Online Shop processes personal data of the customer in strict compliance with the applicable provisions of the Swiss Data Protection Act.
8.2 The Setthim Online Shop collects, stores, uses, and processes the personal data of the customer exclusively in accordance with the data protection provisions.
8.3 With respect to orders placed through the Setthim Online Shop, the customer is aware and accepts that their data entered will only be processed by third parties who must necessarily be involved in the process of executing the purchase order to purchase and deliver goods to the customer, and who are therefore authorized to process such data.
9.1 Should one or more of the provisions of these General Terms and Conditions be invalid or unenforceable, the invalid or unenforceable provision(s) will not affect the validity or enforceability of the remaining provisions hereof.
9.2 Swiss substantive law applies exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 The exclusive place of jurisdiction for all legal actions is the place where the registered office of Setthim SA is located.
In the event of disputes arising from contracts concluded with consumers, the place of jurisdiction for legal actions of the customer is the place of residence or registered office of one of the contracting parties; in the case of legal actions of Setthim SA, the place of jurisdiction is the place of residence of the customer.