General terms
General terms and conditions The following Terms & Conditions cover legal information concerning your rights under the laws of distance contracts and e-commerce.
§ 1 Applicability
These general terms and conditions apply to all orders placed in the online shop of Gabor Trading GmbH, Weinbergstrasse 2a, 6300 Zug, Switzerland, company identification number:CHE-451.698.430, CEO: Stanislav Gabor, commercial registry Kanton of Zug- Nr. CH-170.4.010.430-9 (hereinafter „Gabortradingstore“).
Customer service:
For questions, returns or complaints you can reach us at Telephone Nr.: ++41 41 / 710 70 66 or per E-Mail: sales@gabortrading.ch within 8:00 - 17:00 Swiss time.
§ 2 Inception of the Agreement
§ 2.1 The presentation of products in the online shop does not constitute a binding offer but an invitation to place an order.
§ 2.2 By clicking on the [Order] button, the customer places a binding order for the products listed on the order page. The customer cannot change the order once it has been placed.
§ 2.3 As soon as the order is received, Gabortradingstore online shop confirms receipt of the order by e-mail. The purchase contract is concluded only when Gabortradingstore online shop confirms dispatch of the goods by e-mail within 7 days. (the order or dispatch confirmation) or at the latest upon delivery of the goods.
§ 3 Price
§ 3.1 Prices quoted on the product pages include VAT and other price components. The currency is in Swiss francs (CHF) and euros (EUR).
§ 3.2 Should there be any taxes, customs duties, fees or similar expenses introduced on exporting from Switzerland and importing into the respective country, those additional costs shall be borne by the buyer. The buyer alone is responsible for determining and verifying the amount of those charges.
§ 4 Delivery costs
§ 4.1 Delivery of the ordered articles is charged to the customer. Postage, packaging and delivery costs are indicated separately on the invoice. Packaging and delivery costs are itemised during the order process for deliveries within Switzerland and prior to completion of the order for deliveries to other countries.
§ 4.2 Delivery costs / duty-free surcharge Delivery costs are calculated individually based on destination (delivery zone), mode of shipment, weight and customs charges and are therefore not shown until just before the order is completed. Delivery is dependent on receipt of order, day of the week, destination and mode of shipment. Orders are usually delivered in 2-8 working days. However, delivery dates cannot be guaranteed. http://www.post.ch/post-startseite/post-privatkunden/post-versenden/post-versenden-inland-paket.htm
§ 5 Terms of delivery
§ 5.1 Goods are delivered worldwide. Within Switzerland and Europe Post (Priority) in partnership with courier services (TNT, Federal Express (FedEx), DHL).
§ 5.2 Estimated delivery times are for guidance only. Gabortradingstore shall not be held liable for delays caused by events beyond its control, e.g. force majeure, traffic congestion, severe weather conditions or the unusual, unexpected holding of the goods by Customs, and such events shall not entitle the customer to withdraw from the purchase contract or claim compensation.
§ 5.3 If not all the products ordered are in stock, Gabortradingstore is entitled to make part-deliveries.
§ 5.4 If the goods cannot be delivered through the fault of the customer, Gabortradingstore shall be entitled to withdraw from the contract after three attempts at delivery. Any payments made will be reimbursed immediately.
§ 5.5 If the ordered product is not available, because the Seller has not received the goods from his suppliers for reasons beyond his control, the Seller shall be entitled to rescind the contract. In this case, the Seller shall notify the Customer immediately and may offer to deliver a comparable product. If no comparable product is available or the Customer will not accept a comparable product, the Seller shall refund any payments already made to the Customer immediately.
§ 6 Payment terms
§ 6.1. The Customer can select the mode of payment from the available payment methods during the ordering process and before completing the order. Information about the available payment methods is provided to customers on a separate information page. § 6.2. International orders may be subject to customs duties and bank charges may be payable on international bank transfers; any such charges, duties or taxes shall be borne by the buyer. These are so-called OUR transfers. In the Single Euro Payments Area (SEPA), a low-cost SEPA transfer in EUR is therefore recommended.
§ 6.3 Where customers are paying per invoice, the payment must be made within 14 days of receipt of the goods and the invoice. In the case of all other methods of payment, the payment must be made in advance and in full.
§ 6.4. Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
§ 6.5. If there are differences in delivery times for the ordered products, a single invoice will be issued for each partial delivery.
§ 6.6. Where the delivery and billing address are identical, the invoice shall be enclosed in the delivery. Where the order is delivered in multiple shipments, the invoice shall be enclosed in the main delivery. If the delivery address differs from the billing address, the invoice shall be sent by email as a PDF document to the email address specified during the ordering process. The invoice can also be sent by post upon request.
§ 6.7. If a calendar date has been specified for payment, the Customer will be in default if he fails to deliver by that date. In this case, the Customer shall be obliged to pay the statutory late-payment interest.
§ 6.8. The Customer's obligation to pay late-payment interest shall not preclude the Seller's right to assert further late-payments claims.
§ 6.9. The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by the Seller. The Customer may only withhold payment if all the relevant claims arise from the same contractual relationship.
§ 7 Retention of title The Seller shall retain title to any supplied goods until they have been paid for in full.
§ 8 Consumers' right to withdraw Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Gabor Trading GmbH, Weinbergstrasse 2a, CH-6300 Zug, Phone: ++41 (41) 710 70 66, Fax: ++41 41 710 70 67, E-Mail: sales@gabortrading.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will collect the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form The withdrawal form template is attached to the email order confirmation, or it can be downloaded by clicking on this link.
Exclusion or premature lapse of the right of withdrawal The right of withdrawal shall lapse prematurely in the case of contracts for delivery of audio or video recordings or computer software supplied in a sealed package, if the seal has been removed after delivery.
§ 9 Return instructions § 9.1. The guidance provided in this section ("Return instructions") shall not be construed as a precondition for the effective exercise of the right of withdrawal.
§ 9.2. Customers are required to notify the Seller of their intention to return the goods before sending the goods back to the Seller. This enables the Seller to track the goods quickly and efficiently. Customers are required to send the goods as a prepaid package back to the Seller and to keep the proof of posting. The Seller shall refund the Customer for postage costs upon request, unless they are to be borne by the buyer. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.
10. Warranty for material defects § 10.1. The warranty shall be governed by statutory provisions.
§ 10.2. The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller. Customers are informed about the warranty conditions prior to placing the order.
11. Diclaimers and Limitation of Liability § 11.1. The following exclusions and limitations of liability apply with regard to Seller's liability for damage compensation, notwithstanding the other legal claim requirements.
§ 11.2. The Seller assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.
§ 11.3. Furthermore, the Seller assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Seller shall only be liable for the foreseeable damage that might typically occur under the Agreement. The Seller is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
§ 11.4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
§ 11.5. If the Seller liability is excluded or limited, this also applies for personal liability of its employees, representatives, agents or assistants.
12. Saving the text of the contract § 12.1. The Customer can print the text of the contract before submitting the order to the Seller by using the print function of their browser in the last step of the ordering process.
§ 12.2. The Seller shall send the Customer an order confirmation containing all details of the order to the specified email address. With the order confirmation, the Customer shall receive a copy of the GTC in addition to the withdrawal policy, information on delivery costs and terms of payment and delivery. While we store the text of the purchase agreement, we do not make it available on the Internet.
13. Data protection § 13.1. The Seller shall process personal data of the Customer only for the intended purpose and in accordance with statutory provisions.
§ 13.2. The personal data provided by the Customer for the purpose of ordering goods (e.g. name, email, address, payment information) may only be used by the Seller to fulfil and execute a contract. This data shall be treated confidentially and not disclosed to third parties, who are not involved in the ordering, delivery and payment process.
§ 13.3. Upon request, the Customer shall be entitled to receive information about the personal data relating to him stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate information and to block and delete his personal information, insofar as this does not conflict with any statutory retention requirements.
§ 13.4. Further information about the nature, scope, location and purpose of collecting, processing and use of personal data required by the Seller can be found in the privacy policy. (prosim prelinkovat privacy policy na kategoriu Impressum, podkategoriu Datenschutz & Cookies)
14. Place of Jurisdiction, Applicable Law and Final Provisions Place of jurisdiction shall be the Seller's registered office and the German law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.
§ 1 Applicability
These general terms and conditions apply to all orders placed in the online shop of Gabor Trading GmbH, Weinbergstrasse 2a, 6300 Zug, Switzerland, company identification number:CHE-451.698.430, CEO: Stanislav Gabor, commercial registry Kanton of Zug- Nr. CH-170.4.010.430-9 (hereinafter „Gabortradingstore“).
Customer service:
For questions, returns or complaints you can reach us at Telephone Nr.: ++41 41 / 710 70 66 or per E-Mail: sales@gabortrading.ch within 8:00 - 17:00 Swiss time.
§ 2 Inception of the Agreement
§ 2.1 The presentation of products in the online shop does not constitute a binding offer but an invitation to place an order.
§ 2.2 By clicking on the [Order] button, the customer places a binding order for the products listed on the order page. The customer cannot change the order once it has been placed.
§ 2.3 As soon as the order is received, Gabortradingstore online shop confirms receipt of the order by e-mail. The purchase contract is concluded only when Gabortradingstore online shop confirms dispatch of the goods by e-mail within 7 days. (the order or dispatch confirmation) or at the latest upon delivery of the goods.
§ 3 Price
§ 3.1 Prices quoted on the product pages include VAT and other price components. The currency is in Swiss francs (CHF) and euros (EUR).
§ 3.2 Should there be any taxes, customs duties, fees or similar expenses introduced on exporting from Switzerland and importing into the respective country, those additional costs shall be borne by the buyer. The buyer alone is responsible for determining and verifying the amount of those charges.
§ 4 Delivery costs
§ 4.1 Delivery of the ordered articles is charged to the customer. Postage, packaging and delivery costs are indicated separately on the invoice. Packaging and delivery costs are itemised during the order process for deliveries within Switzerland and prior to completion of the order for deliveries to other countries.
§ 4.2 Delivery costs / duty-free surcharge Delivery costs are calculated individually based on destination (delivery zone), mode of shipment, weight and customs charges and are therefore not shown until just before the order is completed. Delivery is dependent on receipt of order, day of the week, destination and mode of shipment. Orders are usually delivered in 2-8 working days. However, delivery dates cannot be guaranteed. http://www.post.ch/post-startseite/post-privatkunden/post-versenden/post-versenden-inland-paket.htm
§ 5 Terms of delivery
§ 5.1 Goods are delivered worldwide. Within Switzerland and Europe Post (Priority) in partnership with courier services (TNT, Federal Express (FedEx), DHL).
§ 5.2 Estimated delivery times are for guidance only. Gabortradingstore shall not be held liable for delays caused by events beyond its control, e.g. force majeure, traffic congestion, severe weather conditions or the unusual, unexpected holding of the goods by Customs, and such events shall not entitle the customer to withdraw from the purchase contract or claim compensation.
§ 5.3 If not all the products ordered are in stock, Gabortradingstore is entitled to make part-deliveries.
§ 5.4 If the goods cannot be delivered through the fault of the customer, Gabortradingstore shall be entitled to withdraw from the contract after three attempts at delivery. Any payments made will be reimbursed immediately.
§ 5.5 If the ordered product is not available, because the Seller has not received the goods from his suppliers for reasons beyond his control, the Seller shall be entitled to rescind the contract. In this case, the Seller shall notify the Customer immediately and may offer to deliver a comparable product. If no comparable product is available or the Customer will not accept a comparable product, the Seller shall refund any payments already made to the Customer immediately.
§ 6 Payment terms
§ 6.1. The Customer can select the mode of payment from the available payment methods during the ordering process and before completing the order. Information about the available payment methods is provided to customers on a separate information page. § 6.2. International orders may be subject to customs duties and bank charges may be payable on international bank transfers; any such charges, duties or taxes shall be borne by the buyer. These are so-called OUR transfers. In the Single Euro Payments Area (SEPA), a low-cost SEPA transfer in EUR is therefore recommended.
§ 6.3 Where customers are paying per invoice, the payment must be made within 14 days of receipt of the goods and the invoice. In the case of all other methods of payment, the payment must be made in advance and in full.
§ 6.4. Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
§ 6.5. If there are differences in delivery times for the ordered products, a single invoice will be issued for each partial delivery.
§ 6.6. Where the delivery and billing address are identical, the invoice shall be enclosed in the delivery. Where the order is delivered in multiple shipments, the invoice shall be enclosed in the main delivery. If the delivery address differs from the billing address, the invoice shall be sent by email as a PDF document to the email address specified during the ordering process. The invoice can also be sent by post upon request.
§ 6.7. If a calendar date has been specified for payment, the Customer will be in default if he fails to deliver by that date. In this case, the Customer shall be obliged to pay the statutory late-payment interest.
§ 6.8. The Customer's obligation to pay late-payment interest shall not preclude the Seller's right to assert further late-payments claims.
§ 6.9. The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by the Seller. The Customer may only withhold payment if all the relevant claims arise from the same contractual relationship.
§ 7 Retention of title The Seller shall retain title to any supplied goods until they have been paid for in full.
§ 8 Consumers' right to withdraw Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Gabor Trading GmbH, Weinbergstrasse 2a, CH-6300 Zug, Phone: ++41 (41) 710 70 66, Fax: ++41 41 710 70 67, E-Mail: sales@gabortrading.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We will collect the goods. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form The withdrawal form template is attached to the email order confirmation, or it can be downloaded by clicking on this link.
Exclusion or premature lapse of the right of withdrawal The right of withdrawal shall lapse prematurely in the case of contracts for delivery of audio or video recordings or computer software supplied in a sealed package, if the seal has been removed after delivery.
§ 9 Return instructions § 9.1. The guidance provided in this section ("Return instructions") shall not be construed as a precondition for the effective exercise of the right of withdrawal.
§ 9.2. Customers are required to notify the Seller of their intention to return the goods before sending the goods back to the Seller. This enables the Seller to track the goods quickly and efficiently. Customers are required to send the goods as a prepaid package back to the Seller and to keep the proof of posting. The Seller shall refund the Customer for postage costs upon request, unless they are to be borne by the buyer. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.
10. Warranty for material defects § 10.1. The warranty shall be governed by statutory provisions.
§ 10.2. The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller. Customers are informed about the warranty conditions prior to placing the order.
11. Diclaimers and Limitation of Liability § 11.1. The following exclusions and limitations of liability apply with regard to Seller's liability for damage compensation, notwithstanding the other legal claim requirements.
§ 11.2. The Seller assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.
§ 11.3. Furthermore, the Seller assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Seller shall only be liable for the foreseeable damage that might typically occur under the Agreement. The Seller is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
§ 11.4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
§ 11.5. If the Seller liability is excluded or limited, this also applies for personal liability of its employees, representatives, agents or assistants.
12. Saving the text of the contract § 12.1. The Customer can print the text of the contract before submitting the order to the Seller by using the print function of their browser in the last step of the ordering process.
§ 12.2. The Seller shall send the Customer an order confirmation containing all details of the order to the specified email address. With the order confirmation, the Customer shall receive a copy of the GTC in addition to the withdrawal policy, information on delivery costs and terms of payment and delivery. While we store the text of the purchase agreement, we do not make it available on the Internet.
13. Data protection § 13.1. The Seller shall process personal data of the Customer only for the intended purpose and in accordance with statutory provisions.
§ 13.2. The personal data provided by the Customer for the purpose of ordering goods (e.g. name, email, address, payment information) may only be used by the Seller to fulfil and execute a contract. This data shall be treated confidentially and not disclosed to third parties, who are not involved in the ordering, delivery and payment process.
§ 13.3. Upon request, the Customer shall be entitled to receive information about the personal data relating to him stored by the Seller at no charge. In addition, the Customer has the right to correct inaccurate information and to block and delete his personal information, insofar as this does not conflict with any statutory retention requirements.
§ 13.4. Further information about the nature, scope, location and purpose of collecting, processing and use of personal data required by the Seller can be found in the privacy policy. (prosim prelinkovat privacy policy na kategoriu Impressum, podkategoriu Datenschutz & Cookies)
14. Place of Jurisdiction, Applicable Law and Final Provisions Place of jurisdiction shall be the Seller's registered office and the German law applies exclusively, both unless expressly agreed otherwise or pursuant to consumer protection legislation.