1. Scope
The buyer enters into a legally binding purchase contract with the company:
Helvetic Shop GmbH
Espenstrasse 135
CH – 9443 Widnau
Switzerland
Tel.: +41 71 372 00 22
E-Mail: info@helvetic-shop.com
(hereinafter “Seller”) and the customer/buyer (hereinafter “Buyer”), recognizing the following terms and conditions. The applicability of other general terms and conditions (GTCs) is excluded, even without explicit objection. Side agreements are only binding if confirmed in writing. We only acknowledge conflicting or different conditions of the buyer if we have explicitly agreed to their validity in writing. Oral statements are non-binding without written confirmation. The language of the contract is German.
2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer. Product images, texts, and data sheets may vary and are non-binding. The buyer assembles a shopping cart from the online assortment, which they submit to the seller by confirming the cart via email. The seller confirms the cart via automated email, and thus the purchase becomes legally valid.
2.2 The seller reserves the right to reject the customer’s offer in exceptional cases, for example, if the product is unavailable or if delivery is refused due to existing payment arrears of the customer. Additionally, in the case of “purchase on invoice,” a credit check may be carried out; if this is negative at the seller’s discretion, the seller reserves the right to deliver the goods only after the buyer has made an advance payment.
3. Prices and Shipping Costs
3.1 All listed prices are final prices and include the statutory 8.1% VAT. They are fixed offer prices and apply for the duration of the offer. Prices are legally binding upon confirmation by the seller via email.
3.2 Shipping costs for Switzerland: A-Post CHF 9.- per order.
Express delivery CHF 22.50 (per package up to 30 KG). Guaranteed delivery the next day by 9:00 a.m., including Saturday delivery (express delivery surcharges are the customer’s responsibility).
Free shipping for orders over CHF 300.00 net (deliveries outside Switzerland are excluded).
All price indications are approximate. They can be changed at any time without prior notice.
Delivery to EU: Goods to European countries are only shipped upon request, and shipping costs are calculated according to effort. EU guidelines apply.
The costs for customs clearance and all fees for handling the delivery of goods are to be borne by the buyer.
Self-collection (free) at our warehouse is also possible – our opening hours are Mon-Fri 07:30 – 12:00 and 13:00 – 17:00.
The buyer will be informed by the seller about the pickup day.
3.3 Service fees are charged for payments via PayPal and credit card (MasterCard, Visa, American Express, etc.). These amount to 2.4% of the ordered value of the goods (excluding shipping). The percentage may vary and can be changed at any time without prior notice. Service fees are always borne by the buyer.
4. Delivery
4.1 Delivery is made to the address provided by the customer, unless otherwise agreed. If incorrect delivery addresses are provided by the buyer, delivery may not be possible. The incurred costs will be charged to the buyer.
4.2 Delivery of the ordered goods is subject to availability and the possibility of reorder from our suppliers. If the complete or individual ordered goods are not available, we will produce or order them as per the buyer’s request. The buyer receives an individual confirmation by email upon placing the order. Only with the confirmation of the shopping cart is the customer’s order considered accepted. In this case, the customer will be informed immediately and offered the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will refund any payments already made by the customer immediately.
5. Payment / Default, Late Fees & Collection
5.1 Payment can be made via prepayment, PayPal, Twint, credit card, or invoice, unless otherwise agreed.
5.2 The purchase price is due immediately after the conclusion of the contract. If the customer defaults on payment, the seller is entitled to claim default interest at the rate established by law. The goods are payable within 14 days without any discount (purchase on invoice).
5.3 Helvetic Shop GmbH charges an administrative fee of CHF 10.- for the second reminder and CHF 30.- for the third reminder. If the reminders are unsuccessful, the order will be handed over to a collection agency. In this case, an effective annual interest rate of up to 15% on the outstanding invoice amount from the due date may also be charged.
The commissioned collection agency will claim the outstanding amounts in its own name and at its own expense and may charge additional processing fees.
Information about payment processing may be forwarded to the Swiss Creditreform Association.
6. Retention of Title
Delivered goods remain the property of the seller until full payment is received and must be treated accordingly. Ownership rights transfer only upon expiration of the right of withdrawal or the return period, provided the goods have been fully paid.
7. Right of Withdrawal
7.1 For all purchases of our products through our online shop, the seller grants the buyer a voluntary right of withdrawal of 8 days after receipt of the products, without the buyer having to provide reasons. The buyer can withdraw from the contract within 8 days of receiving the goods by returning the goods or notifying us of the withdrawal by email:
Helvetic Shop GmbH
Espenstrasse 135
CH – 9443 Widnau
Switzerland
E-Mail:
info@helvetic-shop.com
The 8-day return period begins the day after receipt of the goods (delivery date by Swiss Post) and is observed if the goods or the withdrawal notice are handed over for return or to the post or another carrier by the last day. After the expiration of the withdrawal period, the purchase contract is binding.
The condition for exercising the right of withdrawal is that the customer returns the goods unused, complete, intact, and in the original packaging. The goods must be returned to the above address.
7.2 The return of a product is at the customer’s expense and risk. Please obtain confirmation of your return and keep this confirmation. In case of loss of the package, your return can only be credited against the presentation of this document.
Upon proper return of the goods, we will refund the amount paid by the customer, either in full or in part, within 14 days of receiving the goods at our premises. Regarding the amount of the refund, please note the following:
Item returned in unopened original packaging:
If the item is not opened and returned within the period, the full purchase price will be refunded minus shipping costs. For orders that benefited from free shipping, CHF 9.00 in shipping costs will be deducted from the refund.
If the buyer is responsible for the deterioration, damage, or other loss of value, they must compensate for the value.
If the returned goods are damaged or no longer saleable, we reserve the right to claim for reduction of value or damages.
The refund will be made according to the original payment method and will always be transferred to the account associated with the payment, unless otherwise agreed with the buyer. The buyer must ensure access to the indicated bank account as the seller does not assume any responsibility in this regard. The refund will be made within 14 days after receipt of the goods by the seller.
8. Refusal of Acceptance / Withdrawal of Offer
8.1 If the buyer refuses to accept the ordered goods without canceling the order before it leaves our company, we will charge a processing fee of 10% of the value of the goods, but at least CHF 20.00. In case of delay in payment of the goods by the buyer, we charge fees for each reminder. We reserve further claims for damages and legal action. If the buyer partially or completely withdraws from an offer, we are entitled to invoice 5% of the value of the goods, but at least CHF 20.00 as compensation.
Information about payment processing may be forwarded to the Swiss Creditreform Association.
9. Defect Liability / Warranty
The legal liability for defects according to the Swiss Code of Obligations applies.
In case of justified complaints, the buyer has the right to repair, replacement, or credit within the scope of the warranty. For warranty cases, please contact us in writing or by phone:
Helvetic Shop GmbH
Espenstrasse 135
CH – 9443 Widnau
Switzerland
E-Mail:
info@helvetic-shop.com
10. Data Protection
The buyer consents to the necessary processing of the data provided. This data is stored only for the purpose of information, delivery, and invoicing. We guarantee that your data will not be passed on to third parties.
Exception: Information about payment processing may be forwarded to the Swiss Creditreform Association.
12. Final Provisions
12.1 Swiss law applies.
12.2 If individual provisions of these terms and conditions are wholly or partially invalid, the validity of the remaining provisions is not affected.
12.3 The place of jurisdiction is the company’s registered office in Switzerland.
13. Applicable Law and Jurisdiction
Swiss law exclusively applies to deliveries from Helvetic Shop GmbH. Both parties acknowledge the exclusive jurisdiction of the ordinary court in CH-9450 Altstätten SG for all disputes arising from or in connection with deliveries from Helvetic Shop GmbH