General terms and conditions of business
1. Scope and extent
These General Terms and Conditions (GTC) apply to all business relationships between you and sui.polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach (hereinafter sui.polewear; we) for products that you purchase via the online shop www.suipolewear.ch buy.
We reserve the right to change the Terms and Conditions at any time; the Terms and Conditions current at the time of placing the binding order apply. Terms and Conditions that deviate from and/or conflict with these Terms and Conditions do not apply between you and us.
You must read the terms and conditions carefully with the following provisions. A binding order may only be placed when: By placing a binding order in our online shop, you agree to the following conditions and our privacy policy ( www.suipolewear.ch/datenschutz ). You also expressly declare that you are at least 18 years old and authorized to enter into legally binding contracts.
2. Conclusion of a purchase agreement
The representations of our products in the online shop do not constitute a legally binding offer. Our online shop is a non-binding online catalog, and therefore a non-binding suggestion to order the products in our online shop. We therefore reserve the right to change products and content (e.g. images, prices, descriptions, etc.) at any time and without prior notice. We would like to point out that all illustrations, pictures, advertising and other information in connection with our products are for your information only; they are not binding for us.
You can place a binding order for the products you want in our online shop. To do this, select products that are then placed in the so-called "shopping cart". Simply placing the products in the "shopping cart" does not constitute a binding order. The order is only considered binding when you click on the "Order with payment" button in the order overview at the end of the ordering process. Before submitting the order, you can change all details, identify any input errors and correct them if necessary before placing the binding order.
After placing your binding order, you will immediately receive an automated order confirmation. The order confirmation contains the details of your order and a copy of the General Terms and Conditions. We recommend that you save the order and in particular the General Terms and Conditions on your device. We would like to point out that submitting the order does not constitute a purchase contract. By submitting the order, you confirm that you have read the General Terms and Conditions and agree to them without reservation.
After you have placed a binding order and accepted the Terms and Conditions, we are free to either accept your order at our own discretion or to reject/cancel it by sending you a corresponding notification by email and without assuming any liability to you or any third party. Any payment you have already made will be refunded to you in the event of rejection/cancellation.
In any event, the following reasons, as well as other important reasons, constitute a valid reason for rejection/cancellation: a product is no longer available; we do not receive authorization for payment; the payment is not received; you violate the Terms and Conditions; you commit fraudulent and/or other criminal activities.
The binding purchase contract is created by our acceptance of the order. Acceptance occurs by dispatching the ordered products. We would like to point out that the commercial distribution or resale of our products is prohibited.
3. Availability and performance reservation for non-deliverable products
All information about the availability of our products as well as information about shipping and delivery is provisional and is intended as an approximate guide. These are neither binding nor guaranteed shipping and delivery dates. We accept no liability for unavailable products or for delays in shipping and delivery; liability for this is expressly excluded.
Our products are available as long as our stocks last. If we find that there are not enough products, we will inform you immediately. In this case, the contract between you and us will not be concluded. Furthermore, we reserve the right to limit the number of items per order and/or customer. In this case, we will inform you immediately by email.
4. Prices and shipping costs
The prices of our products correspond to those in the online shop. All prices are given in Swiss francs and include the VAT applicable in the respective country. The total price of your order, including any additional and/or shipping costs as well as the VAT payable in the respective country, can be viewed at the end of the order process. For deliveries abroad (outside Switzerland), additional customs fees may apply. These are not included in the aforementioned total price and must be paid by you.
By placing a binding order, you declare that you agree with the total price of your order shown. This price cannot be adjusted afterwards.
We reserve the right to change prices at any time. The time of the binding order is decisive.
5. Payment terms / credit check
Your orders are generally due for payment immediately. You have the option of paying the total price using the options shown in the online shop. However, we reserve the right not to offer certain payment methods in specific individual cases. In this case, we refer you to other payment methods.
You expressly authorize us to carry out credit checks at our own discretion and to pass on your data to third parties for this purpose.
By choosing the payment method, you authorize the payment either by entering your credit card details or access data from a payment service provider. You authorize us to collect or collect payments to the corresponding extent. If there are chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. Under no circumstances are we liable for any fees and/or other amounts that your card issuer or bank charges you as a result of processing your order.
If you pay by credit card or alternative payment method, we reserve the right to check the validity of the card, check the availability parameters and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. In any case, if payment is refused, we reserve the right to cancel the order and refuse to ship the products. In this case, you will receive an email from us immediately.
If we offer you payment by invoice or advance payment, you will receive the invoice and the payment slip either in advance by email or together with the ordered products. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to cancel the delivery (advance payment). If payment is not made on time when ordering by invoice, we are entitled to additionally invoice our expenses with reminder fees of CHF 25.00 per reminder. We will also charge additional costs associated with debt collection as well as statutory default interest. If it is necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.00.
6. Delivery conditions
Delivery is generally made via the delivery service of Swiss Post AG. The delivery costs are calculated according to the order overview at the end of the order. The following delivery services are used for delivery to the EU: Swiss Post AG. The costs incurred are paid by you in advance (see order overview).
The goods that you order from our online shop will be delivered to you within 2-8 working days after receipt of full payment, depending on the destination and availability of the products. If products are marked as "out of stock" when ordering, we will endeavor to deliver the goods as quickly as possible. We do everything we can to adhere to the stated delivery times. We are under no circumstances responsible for delivery delays, regardless of their cause. We will inform you of delivery delays immediately by email.
If a delivery delay lasts more than 3 weeks beyond the original delivery date, you are entitled to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.
7. Retention of title
We remain the owner of the ordered products until they are paid in full.
8. Right of withdrawal and return (only customers residing in the EU)
The following statements only apply to you if you are resident in the EU. If you are resident in Switzerland, the following provisions are irrelevant:
For all purchases made through our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receiving the products without giving any reason. You or a third party designated by you who is not the carrier may withdraw from the contract within 14 days of receiving the products by returning the relevant products to us or by sending us a clear declaration of cancellation in text form (e.g. by letter or email).
The 14-day return period begins on the day after receipt of the products and is met if the products or the cancellation notice are handed over to the post office or another transport company for return or shipping on the last day.
The prerequisite for exercising the right of withdrawal is that you return the products to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach
If you cancel the contract and return the goods properly, we will refund the total price you paid (excluding any delivery costs) no later than 14 days from the day on which we received notification of your cancellation of this contract or the goods were received by us. The refund will be made in the form of a credit to the customer account or the issue of a voucher for our online shop. You as the buyer will bear the costs (postage/shipping) of the return.
We may withhold reimbursement until we have received the products back or until you have supplied evidence of having returned the products.
You only have to pay for any loss of value of the products to the extent that this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the products.
The right of withdrawal is excluded for products that we have manufactured according to your own wishes and specifications or that are clearly customized for you (so-called customer-specific, customized products). The right of withdrawal is also excluded for products that are not suitable for return for health or hygiene reasons and whose packaging was opened after delivery.
9. Notice of Defects / Warranty
We guarantee that the products correspond to the promised properties and have no defects that impair their value or suitability for the intended use.
You must check our products immediately upon receipt for accuracy, completeness and any damage. Errors or damage must be reported to us within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after they are discovered. If you do not check the products and/or report the defects immediately, the product is deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the corresponding product. Products that are damaged through your own fault are excluded from the warranty.
Your warranty claims are limited to replacement delivery or remedy of defects/repair, excluding all other claims, in particular reduction or compensation for indirect damage and consequential damage. We decide at our own discretion whether to deliver a replacement or repair. If the repair or replacement fails, you are entitled to withdraw from the contract - only in the case of significant defects.
If you have any complaints or service questions, please contact us at the following address with your order number, customer number, a description of the fault and other helpful information:
sui. polewear GmbH, Sonnenbergstrasse 52, 8603 Schwerzenbach
The faulty product must be returned to the above address with a copy of the invoice sent and a detailed description of the defect. Returning a product is at your own expense and risk. You should have the return confirmed and keep the confirmation so that the return can be processed in the event of a package loss.
10. Account registration
41) When registering a customer account, customers can view information about completed, open and recently sent orders, as well as manage and save address details, any payment details and any newsletter. The customer data is thus saved; there is no need to re-enter it when placing a new order.
You are responsible for registering your customer account and must provide your personal data required for registration truthfully and completely. You undertake to treat the personal access data for your customer account confidentially and not to make it available to unauthorized third parties. We guarantee that customer data will be treated confidentially and will not be passed on to third parties. For further information on data protection, please refer to our data protection declaration at www.suipolewear.ch/datenschutz .
Registration in our online shop is free. You are only entitled to one customer account. We reserve the right to delete multiple accounts and, if you violate the terms and conditions, to warn you, block you, delete and/or change the content.
We are also not obliged to accept your registration and/or order, even if you are a registered customer.
11. Liability
If we breach our own obligations under these terms and conditions and the contractual relationships based on them, we are liable for damages caused and proven by us through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on a contract, a tort or for any other reason, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of our services. In addition, we do not accept any contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The above exclusions and limitations of liability do not apply in the event of culpable injury to life, body or health caused directly by us or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, your total liability under these Terms and Conditions, regardless of the cause, and to the extent permitted by law, shall be limited to the price of the products you ordered and received from us.
In the event of events that are beyond our control (so-called force majeure), we accept no liability or responsibility for the non-fulfillment or delayed performance of any obligations under these Terms and Conditions and the contractual relationship based thereon. An event beyond our control includes, for example, the following: strikes, protests, protest actions, blockades or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, road routes or other means of public or private transport.
If an event occurs outside our control which affects the performance of our obligations under the contract, we will notify you as soon as possible.
12. Data Protection
We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of customers' personal data, rights and related questions can be found in our data protection declaration at www.suipolewear.ch/datenschutz , which forms an integral part of these Terms and Conditions.
13. Copyright
The information and content published in the online shop are protected by copyright and are our property or the property of the respective rights holder. Duplication, processing, distribution or any other form of exploitation is not permitted and requires our prior written consent or the consent of the respective rights holder. We and/or the respective rights holder expressly reserve all rights in this regard.
14. Severability Clause
Should one of the provisions of these General Terms and Conditions be or become illegal, invalid or unenforceable, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes the economic purpose of the provision and the will of the parties at the time the contract was concluded as far as possible into account. The same applies to any gaps in these General Terms and Conditions.
15. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for you as a natural person is either our registered office or your place of residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.
sui.polewear GmbH, version June 2023