READ THE FOLLOWING TERMS AND CONDITIONS OF SALE AND PURCHASE
CAREFULLY BEFORE PLACING AN ORDER ON THIS WEBSITE
SCOPE OF APPLICATION
These Terms and Conditions of the company ZLS Services GmbH (hereinafter referred to as "Switchonshop”, "we” "our” "us”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Customer”, "You”, as well as "Consumer” or "Entrepreneur” in cases of stressing the differences in legal status of Customer in contractual relations) and Switchonshop relating to all products (hereinafter referred to as "Product (s)”), presented on website
https://www.switchonshop.com/ (hereinafter referred to as "Website”).
ORDERS AND CONTRACT CONCLUSION
2.1. The presentation of Products on this Website does not represent a legally binding offer, but an invitation to place an order (hereinafter referred to as "Order”). Follow our step-by-step guide below how to make a purchase on this Website:
1. Place the Order on our Website as follows:
- Select the Products you require from the Website and click «Add to Cart».
- Complete the required details on the order summery page. You may set up an account to remember the required details for Your further Orders. To set up an account you will need to enter an email address and create a password. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address. You may change payment and delivery details for further Orders, if necessary.
- Complete placing an Order by clicking on the “Checkout” button. Make sure you check your Order before confirming it. You cannot add more items of Products to your shopping bag once you have checked them out. At Checkout, You will be required to provide certain information and to pay for the Order.
IMPORTANT (!) By placing an Order, you warrant that you are legally capable of entering into binding contracts.
2. Receive the Order Receipt Confirmation.
After placing the Order on our Website, you will receive an automated email confirming receipt of your Order - "Order Receipt Confirmation". The Order Receipt Confirmation contains full details of your Order (such as information on Products, prices, your shipping address, delivery costs and other).
Please, note the Order Receipt Confirmation is NOT already an acceptance of your Order. All orders are subject to acceptance by Switchonshop. You will receive an email confirming that we have accepted your order when your order has been processed and is ready for delivery.
3. Receive the Order Shipping Confirmation.
We confirm that Products have been shipped. Only from this moment the contract is concluded!
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped (hereinafter - "Order Shipping Confirmation"). We will ship Your purchased Products once we have received the confirmation of your payment for ordered Products.
Once you receive the Order Shipping Confirmation, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmations; the then current Terms of Sale.
2.2. If You do not receive any email confirmation regarding Order Receipt Confirmation and/or Order Shipping Confirmation, please check your spam/junk filter or contact us for confirmation.
When Orders are not accepted (!)
We do our best to always accept all Orders, however we could refuse an Order in certain cases, for example if:
a) you provide us with incomplete, incorrect or fraudulent information regarding your identity, payment details, billing information, shipping address;
b) we discover that there was an error on our Website with respect to the Products you ordered;
c) the Products you ordered are no longer available.
2.4. If we cannot accept your Order we will contact you by email and/or phone as soon as possible but in any case no later than 10 (ten) days from the date of your Order. If we cannot accept your Order, we will refund you any money you may have already been charged for such Products.
ABOUT PRODUCT DETAILS
3.1. We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
3.2. We reserve the right to modify the information about Products displayed on our Website, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt Confirmation.
TERMS OF PAYMENT
4.1. The prices stated on our Website at the time of your Order apply. Prices are set out in EURO. The prices stated on the Product pages include VAT.
4.2. Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery, the quantity/weight of goods ordered and additional option you choose with respect to the delivery. Products can be insured on request at Your own expense.
4.3. Delivery charges will be confirmed and charged to you, before your Order is accepted.
4.4. Title in the Products remains with Switchonshop until receipt of full payment from You.
4.5. The Customer can settle payment of the purchase price plus flat shipping rate by credit card, PayPal or by other method specified on the Website.
In the case of payment by credit card your account shall be debited as a rule within 72 hours after completing your order.
In the case of payment by PayPal or by means of other payment service, the terms of such service providers shall apply to such payments.
4.6. You shall bear all costs for money transfer made to Switchonshop and any costs arising from such money transfers shall not be deducted from the payment amounts due to Switchonshop.
SHIPPING AND DELIVERY CONDITIONS
5.1. The Products are delivered according to Incoterms 2010. The presumed term used is CPT (Incoterms 2010).
5.2. Deliveries are made Germany and EU-wide. Products cannot be sent to any other countries.
5.3. The Products shall not be shipped until the total price has been credited to our bank account or until we have received a payment notification through the payment providers stated. The Products shall be delivered to the delivery address you stated.
5.4. Delivery time is up to 6 business days (Monday to Friday with the exception of German public holidays) calculated after the date of receipt the payment for ordered Products in our account. Delivery term may be extended up to 8 business days for the Products with the notice «Pre-ordered» on the respective Product pages where appropriate.
NOTE (!): The planned dates and times of deliveries are only approximate, unless a fixed date or a fixed time was expressly promised/agreed. If shipment was agreed, the delivery dates/times refer to the time of delivery to the carrier or another third party entrusted with the transport.
5.5. Should the assigned transport company return the Products to Switchonshop, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply, if the Customer exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Customer's control.
5.6. The risk is passed on to the Customer at the latest upon handover of the deliverable to the carrier or another third party designated for shipment.
6. RETURN POLICY
6.1. Return policy for Consumers.
6.1.1. A Consumer pursuant to § 13 of the German Civil Code (BGB) (any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession) has the right of cancellation as described in the following.
6.1.2. You may revoke your contract without specifying a reason within 14 (fourteen) days as of the date on which you have or a third party specified by you and which is not the shipping agent has taken over possession of the goods.
6.1.3. In order to exercise your right of revocation you must inform us by means of an unambiguous declaration (e.g. by means of a letter sent by mail or email) stating your decision to revoke this contract. You may use the sample revocation form. This is, however, not obligatory. Send it to:
ZLS Services GmbH
Hamburger Allee 56
60486 Frankfurt am Main
To comply with the revocation deadline all you need to do is to send the notification that you desire to exercise your right of revocation prior to the end of the revocation deadline.
6.1.4. If You want to cancel the Contract, use the following cancellation form and send it as specified in item 6.1.3. of this Terms and Conditions:
Sample cancellation form
ZLS Services GmbH
Hamburger Allee 56
60486 Frankfurt Germany
I / we (*) hereby revoke the contract concluded by myself / us (*) for the purchase of the following Products: ___________________________________________
Ordered on: ______________
Received on: ______________
Customer(s) name: __________________________________________
Customer(s) address: ___________________________
Customer(s) signature (only when notified on paper)
(*) Delete or complete as appropriate.
6.1.5. The right of cancellation does not apply to the delivery of Products that are not prefabricated and whose manufacturing was determined by an individual choice by the Consumer or that are clearly tailored to the personal needs of the Consumer, in the case of delivery of sealed goods which are not suitable for return for health or hygiene reasons, if their seal has been removed after delivery or if sound or video recordings or computer software are delivered in a sealed package, if the seal is removed after delivery.
6.1.6. Please avoid damage and contamination. If possible, send the Products back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
6.1.7. Please note that the terms stated in item 6.1.6. are not a prerequisite for the effective exercise of the right of cancellation.
184.108.40.206. If you revoke this contract, we shall refund all payments which we have received from you including the delivery costs (with the exception of the additional costs resulting from the fact that you selected a different type of delivery other than DHL low priced standard delivery) without undue delay and within fourteen days at the latest as of the date on which we received your notification that you desire to revoke this contract. For this repayment we shall use the same means of payment which you used for the original transaction, unless a deviating means of payment was expressly agreed upon with you; in any case no fees shall be charged to you for this repayment. We are entitled to hold back payment until we have received the Products or until you have documented proof of the fact that you have shipped the Products, depending on which is the earlier point in time.
220.127.116.11. You shall send back the Products without undue delay or hand over the goods to the following address and in any case at the latest fourteen days as of the date on which you informed us of your revocation of the contract:
ZLS Services GmbH
Hamburger Allee 56
60486 Frankfurt am Main
The deadline shall be deemed to be complied with if you send the Products before the fourteen-day deadline has expired.
18.104.22.168. You shall bear the direct costs for reshipping the Products.
22.214.171.124. You shall only assume the costs for a possible loss in value of the Products if this loss in value results from improper handling of the goods when examining the quality, properties and functions of Products.
6.2.1. An Entrepreneur pursuant to § 14 of the German Civil Code (BGB) (any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession) has the right of cancellation as described in the following:
6.2.2. We agree to take back packaging delivered with the Products exclusively within the scope of our statutory obligations. Acceptance of packaging does not include return shipment and the costs incurred in this respect. Disposal of the packaging shall be billed to the Customer as per our cost price. In so far as return of packaging to us takes place, we shall not agree to share the costs for disposal and a take-over of disposal costs shall not be deemed to be owed by us.
6.2.3. The Entrepreneur shall be obliged to comply with its statutory obligations regarding examination and notice of non-conformity (§§ 377, 381 of German commercial code (HGB) in this respect. If a defect is identified in the examination or at a later point in time we shall be notified thereof in writing without undue delay. The notification shall be deemed to be submitted without undue delay if it is performed within seven working days, whereby timely mailing shall suffice with regard to sending the notification in due time. Irrespective of this examination and notice of non-conformity the Customer shall notify any apparent defects in writing within a scope of seven working days as of delivery, whereby timely mailing shall suffice with regard to sending the notification in due time. If the Customer fails to duly examine the Products any defects, warranty for the defect not notified shall be excluded.
7.1. The Customer’s damage claims against us no matter the legal reason but especially due to the lack of ensured qualities, defects to the delivered wares, lack of delivery or delay in delivery due to our negligence, positive breach of contract, negligence of liabilities during the contract negotiations and due to tort claims are not permitted. This does not apply, when compelling liability applies according to product liability law, in cases of a deliberate act, gross negligence, risk of life, bodily harm or illness, the neglect of fundamental contractual obligations, and lack of ensured qualities. The damage claim due to fundamental contractual obligations etc. is limited to the typically predictable damage, as long as it is not a case of compelling liability for a deliberate act, or gross negligence, or loss of life, bodily damage or illness.
Typically, predictable damages are those that fall under the protective purpose of the respectively violated contractual or legal norm. In particular the liability for consequential or financial losses is excluded. The forgoing limitations of liability also apply to the employees and agents of Switchonshop.
7.2. Our liability for damage claims in every form is limited in every case, to the amount of the damages, whose occurrence was recognizable and predictable at the time of contractual conclusion.
7.3 If the Customer is an Entrepreneur, the limitation period for claims for damages by the Customer which are not based on a defect in the Products is one year as of the date of delivery. The statutory limitation of claims due to intent or gross negligence as well as injury to body and health and due to the Product Liability Act shall remain unaffected.
7.4 By way of derogation from section 438 subsection 1 No. 3 German Civil Code (BGB the general period of limitation for claims on the part of the Entrepreneur resulting from material and legal defects shall amount to one year as of the date of delivery. In so far as acceptance has been agreed, the period of limitation shall be deemed to commence as of the date of acceptance.
7.5. The afore-mentioned period of limitation for contracts on the sale of goods shall also apply to contractual and non-contractual damage claims on the part of the Customer which are based on a defective condition of the goods, unless the application of regular statutory limitation (sections 195, 199 BGB) in the individual case would lead to a shorter period of limitation.
8.1. Warranty shall be based on the statutory regulations – subject to the following provisions.
8.2. The warranty period of two (2) years commences upon the commissioning or use of the delivered Products.
8.3. As a Consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
8.4. Should there be a defect in the purchased Product, the Customer has the right to demand a supplementary performance or replacement delivery within the legal guarantee period.
8.5. Insofar as you are an Entrepreneur, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the Product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the Products are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item. Entrepreneurs are shall examine the goods without undue delay upon receipt. The goods delivered shall be deemed to be approved by the Entrepreneur if we have not been notified of any defect without undue delay, at the latest within 7 calendar days after delivery of the goods/service and/or acceptance of the goods in writing. After commencing further processing by the Entrepreneur no right to notify a defect shall exist. Concealed defects shall be notified without undue delay at the latest within 7 working days after the date of identification. If the Entrepreneur fails to notify a defect in due time, the Products shall be deemed to be approved and accepted as free of defects. Pursuant to clause 6.2.3. of these Terms and Conditions and section 377 of German Commercial Code (HGB) shall apply.
c) The warranty period amounts to a period of one year after delivery of the Product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by willful intent or gross negligence;
- insofar as we have willfully concealed the defect or accepted a warranty for the quality of the goods;
- for statutory recourse claims, which you have against us in connection with warranty rights.
9.1. We shall not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside our reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
10.1. We collect and process the Personal and other data of our Customers in accordance with
11.1 If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
12.1 The business relations between us and the Customer and in connection with the contract concluded shall be exclusively subject to the law of the Federal Republic of Germany to the exclusion of international standard law, in particular the UN Convention on Contracts for the International Sale of Goods.
12.2 Place of fulfilment for any and all obligations resulting from the contractual relationship shall be Offenbach am Main.
13.1 We reserve the right to revise and amend these Terms and Conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Switchonshop.
Effective date: 14/05/2019