Terms of service

Table of contents

• Scope of application
• Conclusion of contract
• Prices and terms of payment
• Delivery and shipping conditions
• Liability for defects
• Applicable law, place of jurisdiction

1) Scope of application
1.1 These Terms and Conditions of the company peconmisa-solutions KlG (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity. 

2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process.

2.3 The seller can accept the customer's offer within five days, by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects “PayPal Express” as the payment method during the order process, he also issues a payment order to his payment service provider by clicking the button that concludes the order process. In this case, in deviation from section 2.3, the seller already declares acceptance of the customer's offer at the time when the customer initiates the payment transaction by clicking the button concluding the order process.

2.5 The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.6 When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. However, the text of the contract can no longer be retrieved by the customer via the seller's website after the order has been sent.

2.7 Before submitting a binding order via the seller's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The English language is available for the conclusion of the contract.

2.9 Order processing and contact shall take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and terms of payment
3.1 The prices quoted by the seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description or calculated separately in the checkout. Likewise, any customs duties that may be incurred, depending on the import limit based on the regulations of the destination country.

3.2 For deliveries to countries other than Switzerland, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is made within Switzerland but the customer makes the payment from a country other than Switzerland.

3.3 Various payment options are available to the customer, which are indicated in the seller's online store.

3.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract. 

3.5 If the payment method “PayPal” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.

3.6 If a payment method offered via the payment service “Shopify Payments” is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on “Shopify Payments” can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4) Delivery and shipping conditions
4.1 The delivery of goods shall be carried out regularly via the shipping route and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. 

4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are dispatched or handed over to the authorized carrier.

4.4 Self-collection is not possible for logistical reasons. 

5) Liability for defects
The statutory liability for defects shall apply.

6) Applicable law, place of jurisdiction
6.1 If the customer is acting as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

6.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.