General Business Conditions of Onlinebuchhandlung Regula Seiler
As at February 2012
1. Scope of applicability
The current version of these General Business Conditions as at the moment when the contract is concluded applies to all business relationships between the Onlinebuchhandlung Regula Seiler (hereinafter referred to as Businessbuch.ch) and its customers.
These General Business Conditions are exclusively applicable. Any terms and conditions of the customer which are contrary to or differ from these General Business Conditions will not be recognised, unless Businessbuch.ch has explicitly agreed to them in writing in an individual case.
Each order of goods will require prior registration as a customer with Businessbuch.ch. Multiple registrations under different names or addresses is not permitted. Once the customer has successfully completed the registration process, he/she will be admitted to the system by Businessbuch.ch.
Businessbuch.ch can withdraw this access at any time without giving reasons, in which case it will have the right to immediately block and delete the user name and the relevant password.
If you require delivery to a P.O. box address, please specify it under a separate delivery address. Only the street address can be given as the invoice address.
3. How the contract arises
The presentation of Businessbuch.ch?s product range on computers which can be accessed via the Internet does not constitute an offer to conclude a purchase contract with the customer, and it is not binding.
When the customer places an order with Businessbuch.ch via the Internet or by e-mail, telephone or fax or other means of communication, it is submitting an offer to conclude a purchase contract with Businessbuch.ch. The customer will receive confirmation of the receipt of the order (order receipt confirmation), which will not constitute acceptance of the offer but is only meant to inform the customer that Businessbuch.ch has received the order. Businessbuch.ch may separately notify the customer of possible errors in the information relating to the product range on the website and submit an appropriate counter offer to him/her.
The contract with Businessbuch.ch will arise if it accepts that offer by invoicing the customer for the product. The order will be fulfilled after payment is received.
Orders are accepted subject to legal permissibility and the availability of the ordered goods or services. If Businessbuch.ch cannot accept the customer?s offer, the customer will be informed of the lack of availability and the full invoice amount will be refunded by Businessbuch.ch. Titles which temporarily cannot be delivered will be booked for the customer and his/her order will continue to exist.
The price specified at the moment when the offer was submitted will apply.
4. Delivery and mailing costs
Businessbuch.ch will deliver the ordered goods, as soon as possible, to the address specified by the customer in the order. Businessbuch.ch will have the right to make partial deliveries and render partial performances at any time, provided that they are reasonable for the customer. If partial deliveries are made by Businessbuch.ch, it shall bear the additional mailing costs.
The delivery will be carried out for the shipping costs individually specified in the respective order process.
Delivery time within Switzerland will usually amount to two to four business days. For products which either have to be specially procured or obtained from abroad, the delivery time may amount to one to eight weeks. Information on the expected delivery time is not binding. More precise information on the non-binding delivery times can be obtained from customer service at email@example.com.
As a rule, deliveries abroad are not possible, unless Businessbuch.ch gives permission for such a delivery in an individual case. All postage and freight costs and customs duties will be paid by the customer.
5. Retention of ownership, rescinding the contract
Businessbuch.ch shall retain the ownership title to the goods until it receives all payments under the purchase contract. The customer must immediately notify Businessbuch.ch in writing of any interventions by third parties, particularly enforcement measures and any other impairments of its ownership title. The customer must compensate Businessbuch.ch for any damage and costs that arise due to a breach of this obligation and any necessary measures aimed at countering interventions by third parties.
If the customer breaches the contract, particularly if it fails to fulfil its payment obligation despite receiving a reminder from Businessbuch.ch, Businessbuch.ch will be able to rescind the contract after first setting a reasonable time limit.
Businessbuch.ch reserves the right not to enter into a contract if the result of a creditworthiness assessment is negative.
6. Due date and payment
Businessbuch.ch will only accept the payment methods specified to the customer during the ordering process.
As a rule, Businessbuch.ch delivers goods to customers against prepayment. Any exemptions from this rule will be granted by Businessbuch.ch in writing.
If the customer delays in making payment, Businessbuch.ch will have the right to demand a flat collection fee in the amount of CHF 10.00. Businessbuch.ch?s right to claim higher compensation, particularly where a claim is pursued by a debt collection agency or lawyer, is not affected by this.
Only vouchers issued by Businessbuch.ch are valid. The voucher will be sent exclusively as a PDF document.
When payment is made by voucher any residual balance will not be paid out but will remain on the customer?s account, and the customer will be able to make further orders on that basis.
Vouchers that provide a certain percentage reduction on products and discounts cannot be accumulated.
The customer will have the right to cancel its declaration of will to conclude a contract without giving reasons within 14 days after receiving the goods, in text form (e.g. by letter or e-mail) or by sending the goods back to Businessbuch.ch. The time limit will begin on the date when the goods are received by the recipient. For the time limit for cancellation to be deemed to have been met, it is sufficient for the cancellation notice or goods to be sent in good time. The cancellation notice in text form must be sent to the address specified in section 10 or by e mail to Info@businessbuch.ch. The customer will bear the burden of proof of the dispatch of the goods to be sent back.
In the event of an effective cancellation, both Parties will have to return the performances they have already received. If the customer can only return the received goods in a deteriorated condition, it must provide Businessbuch.ch with compensation to the extent of the deterioration.
The customer must bear the costs and risk of the return shipment, unless the delivered goods do not correspond to the goods ordered.
Businessbuch.ch will exercise its right of retention until the complete return of the goods.
The right of cancellation is excluded for contracts:
I. on the delivery of goods which are declared as being ?exempt from cancellation?;
II. on the delivery of perishable goods;
III. on the delivery of goods which by their nature are unsuitable for returning (e.g. e-books, downloads, etc.);
IV. on the delivery of newspapers, journals or magazines;
V. on the delivery of DVDs, CDs, videos, music cassettes, software and hardware, unless they are sent back unused and welded or sealed in the original packaging.
If cancellation and return are excluded, if the customer sends the goods back to us he/she will have to bear the costs of sending them back to him/her.
8. Customs duties and VAT
Import charges are not deemed to be shipping costs.
For deliveries within Switzerland the price specified includes the applicable statutory VAT. For exports to other countries, the price given is the net price excluding VAT.
9. Warranty and liability
If the delivered goods are defective at the moment when risk is transferred, for example manufacturing defects, or if a wrong delivery occurs, if possible Businessbuch.ch will arrange for a replacement delivery. If the replacement delivery fails, the customer will be able to demand the annulment of the purchase. The claim will expire if the customer fails to report the defect or wrong delivery to Businessbuch.ch within 14 days after receiving the goods.
Businessbuch.ch?s liability for its own culpable misconduct and that of its employees, statutory representatives and vicarious agents is limited to wilful misconduct.
The provider and the contractual party for the offers of this website is:
The data necessary to perform the transaction will be stored in strict compliance with the applicable provisions of law and will only be passed on to other companies for the purpose of fulfilling the order. All personal data will be treated confidentially. Businessbuch.ch will have the right to pass on the personal data to companies affiliated to it for the purpose of checking credit and creditworthiness, as part of an exchange of data.
Customers of Businessbuch.ch can view and edit their own user information at any time after registering in the protected area of the homepage. If you would like us to use your data for marketing purposes, please subscribe for our newsletter yourself. You will find the necessary information under ?My account?.
12. Final provisions
The provisions of Swiss substantive law apply, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
If the customer is a trader, Bern is the exclusive place of jurisdiction for all claims related to the business relationship, otherwise the place of jurisdiction will be determined in accordance with Article 22 of the Swiss Jurisdiction Act (Gerichtsstandgesetz).
Businessbuch.ch reserves the right to change these General Business Conditions at any time. The currently binding version of these GBC can be viewed and printed out at www.Businessbuch.ch.