ONLINESHOP - GENERAL TERMS AND CONDITIONS
§ 1 - Business area
(1) For the business relations between e-Forster Home AG (hereinafter referred to as "we") and the purchasers (hereinafter referred to as "you"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. We do not recognize any deviating conditions on your part.
(2) We are entitled to amend, modify or delete the General Terms and Conditions at any time.
§ 2 - Offer and conclusion of contract
(1) The purchase contract is concluded as soon as you place your order in the online store by clicking the [[Buy...]] button.
(2) For the scope and execution of the delivery, the conditions specified and selected by you are authoritative. The contract is concluded under the conditions applicable in the respective offer (price, shipping costs).
(3) If we are in default of delivery, you have the right to withdraw from the contract from the 30th calendar day after the order. In this case, we will refund any amounts already paid in advance. There shall be no further claims against us.
(4) You acquire the products for personal use. It is prohibited to resell the purchased goods commercially. We reserve the right to take appropriate (trademark) legal measures.
§ 3 - Prices and payment
(1) The prices are in Swiss Francs. Orders delivered to Switzerland or Liechtenstein shall be invoiced in Swiss francs. Any value added taxes are already charged by us and are shown in the shopping cart.
(2) Deliveries are only made against payment with the accepted means of payment. Currently, Twint, Postfinance, Visa, Maestro and Mastercard are accepted as means of payment.
§ 4 - Right of withdrawal
(1) You as a consumer have the right to revoke this contract within 30 days after receipt of the goods in accordance with the provisions of this section without giving any reason.
(2) 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 fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(3) All items returned in this manner will be inspected by us. You will be responsible for the cost of return shipping. You must pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods that was not necessary for the inspection of the condition, properties and functioning of the goods. The amount to be reimbursed by us may be reduced by us in particular if:
traces of use are visible;
the product is damaged during return transport.
§ 5 - Our right of withdrawal
We are entitled to withdraw from the contract, even with regard to an outstanding part of the delivery or service, if false information about your creditworthiness has been provided.
§ 6 - Retention of title
Until full payment of the purchase price and the associated costs, the delivered goods remain our property.
§ 7 - Warranty and liability
(1) In the event of a defect in the goods, you shall be entitled to the statutory warranty rights. You are free to demand a replacement product, withdraw from the contract (i.e. return the goods and receive a refund of the purchase price) or reduce the purchase price. In the event of defects, e-Forster Home AG shall bear the costs for return shipments.
(2) The warranty period is 24 months, calculated from the date of delivery. This period is a statute of limitations and also applies to claims for compensation for consequential harm caused by a defect, unless claims are made in tort.
(3) Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, body or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the customer may regularly rely, shall remain unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, unless it is a claim for damages arising from injury to life, limb or health. The foregoing shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act shall remain unaffected.
§ 8 - Data security
(1) Data is encrypted using proven SSL technology. Each transaction is authorized and checked online at the responsible credit card company. Blocked or false credit cards cannot be used. We undertake not to sell or pass on any customer data to third parties. An exception is the passing on of customer data for logistical reasons (shipping partners).
§ 9 - Protection of intellectual property
Our trademarks, business designations, designs, products and website content are protected under intellectual property law. Modifications, reproductions, imitations of any kind are prohibited.
§ 10 - Final provisions
(1) For customers in Switzerland: These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Zurich.
(2) For all other customers: Swiss law shall apply to all transactions. The place of jurisdiction is Zurich. However, in the case of you as a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) In the event that individual provisions of these General Terms and Conditions should be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provisions shall be replaced by provisions whose content is as close as possible to that of the invalid provisions.