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    DEFREN

    General Terms and Conditions Swiss-Ski Store

    1. Scope

    These general terms and conditions (hereinafter GTC) of Swiss-Ski Store GmbH, Arastrasse 6, CH-3048 Worblaufen (hereinafter Swiss-Ski Store), apply to all orders placed by the customer (hereinafter Customer) via the online shop store.swiss-ski.ch (hereinafter Online Shop). Provisions or general terms and conditions of the customer that conflict with these GTC are not valid. These GTC apply exclusively even if Swiss-Ski Store provides services unconditionally after becoming aware of conflicting provisions or general terms and conditions of the customer.

    Swiss-Ski reserves the right to make changes to these GTC at any time. The currently valid version of the GTC is published at store.swiss-ski.ch and is deemed accepted by the customer at the latest upon the submission of the order by the customer (according to section 2 "Offer and Contract Conclusion" of these GTC).

    2. Offer and Contract Conclusion

    All information about the offer, i.e., all details about goods, vouchers, and prices in the online shop, is non-binding and does not constitute a legal offer. Swiss-Ski Store expressly reserves the right to change the offer at any time, i.e., to change the assortment and prices. Images in the online shop are for illustration purposes only and are non-binding.

    By submitting the order within the framework of the ordering process of the online shop, the customer makes a binding offer that cannot be unilaterally changed by the customer (Swiss-Ski Store's right to change or reject the offer at any time remains unaffected). Upon receipt of the order, i.e., the binding offer of the customer via the online shop, an automatic order confirmation with an order number will be sent to the customer by e-mail. This order confirmation by e-mail does not constitute acceptance of the binding offer by the customer and does not establish a contract. The contract between Swiss-Ski Store and the customer is only concluded by sending the goods ordered by the customer to the customer. Until the goods are sent to the customer, Swiss-Ski Store is free to reject or not deliver orders with or without stating reasons. In such cases, the customer will be informed immediately, and any payments already received will be refunded by Swiss-Ski Store as quickly as possible to the same extent and by the same payment method used by the customer.

    The prices in the online shop are in Swiss Francs (CHF) including the applicable legal VAT and do not include any shipping and/or other costs. The prices in the online shop are non-binding and can be changed or adjusted by Swiss-Ski Store at any time. The price at the time of the order as shown in the ordering process (plus any shipping and/or other costs, see section 4 "Delivery" of these GTC) is decisive.

    The minimum age for orders in the online shop is 18 years.

    The customer is obliged to provide all information truthfully during the contract conclusion and any registration.

    3. Prices and Discount Vouchers

    The prices in the online shop are in Swiss Francs (CHF), including the applicable legal VAT, and do not include any shipping and/or other costs. The prices in the online shop are non-binding and can be adjusted or changed by Swiss-Ski Store at any time. The decisive price is the price at the time of the order as shown in the ordering process (plus any shipping and/or other costs, see section 4 "Delivery" below).

    Personal discount vouchers provided by Swiss-Ski Store are not cumulative and not transferable and may only be redeemed personally by the authorized persons. Swiss-Ski Store reserves the right to cancel orders that violate the applicable rules for the use of discount vouchers at any time and without further explanation. In this case, Swiss-Ski Store is in no way liable to the customer.

    4. Identity of the Contracting Party

    The contract is concluded with Swiss-Ski Store unless expressly stated otherwise. The address is as follows:

    Swiss-Ski Store GmbH
    Arastrasse 6
    CH-3048 Worblaufen
    Tel. +41 31 950 61 11
    E-Mail: store@swiss-ski.ch

    5. Delivery

    The delivery of the goods is carried out by a carrier commissioned by Swiss-Ski Store to the address specified by the customer during the ordering process exclusively within Switzerland and the Principality of Liechtenstein.

    Any shipping costs as well as additional cash on delivery fees for orders by cash on delivery will be communicated during the ordering process. Special shipping conditions may apply to individual categories of goods. The information in the ordering process is decisive. The information in the online shop is non-binding, and changes to the costs, fees, assembly, and/or shipping conditions in the online shop by Swiss-Ski Store are possible at any time and remain reserved.

    The information on delivery times of goods within the ordering process in the online shop is non-binding and can be changed by Swiss-Ski Store at any time even after receipt of the binding offer from the customer or after sending the automatic order confirmation by e-mail. These non-binding delivery times are based on orders placed on working days by 3:30 p.m. For goods orders received on weekends, holidays, or working days after 3:30 p.m., the non-binding delivery times specified in the ordering process in the online shop do not apply.

    6. Payment and Retention of Title

    The payment by the customer can be made by credit card (Visa Card or Master Card) or by TWINT.

    If the customer chooses the credit card payment method, the credit card will be charged at the time of dispatch of the goods and will be credited upon return (see below "Return or Withdrawal Right") after receipt of the goods at Swiss-Ski.

    7. Complaint and Warranty

    The customer must check the ordered goods for any defects immediately after delivery by the carrier. Complaints must be made immediately, but no later than 14 days after delivery of the goods to the customer. Defects that were not recognizable during the immediate proper inspection by the customer (hidden defects) must be reported to Swiss-Ski Store immediately after their discovery.

    Swiss-Ski Store guarantees the absence of defects in the ordered goods for a period of two (2) years. The two (2)-year period begins with the dispatch of the ordered goods to the customer. During this period, all defects that fall under the warranty will be repaired free of charge, provided that the customer has made a timely complaint. The customer's warranty claims are limited to replacement delivery or repair, excluding any other claims, in particular any compensation for direct or indirect damages. Swiss-Ski decides at its own discretion about replacement delivery or repair. The warranty claim expires completely for damages due to improper handling and use of the goods. In the event of an error in the price announcement or the descriptions of the goods, Swiss-Ski is not bound by any incorrect information. In addition, Swiss-Ski Store's warranty is waived to the extent permitted by law.

    8. Return or Right of Withdrawal

    The customer can revoke their goods order without giving reasons by returning the ordered goods. The customer has no other right of withdrawal. The revocation by return must be made no later than 14 calendar days after delivery of the goods to the customer. The customer can only assert the right of return or withdrawal by returning the goods by post to the following address:

    Swiss-Ski Store
    c/o MS Direct AG
    Hofackerstrasse 40
    4132 Muttenz

    • A return will only be examined by Swiss-Ski Store if the following conditions are met:

    • The goods must be returned in their original packaging.

    • A copy of the order confirmation or invoice must be enclosed.

    • Unfranked packages will not be accepted by Swiss-Ski Store or MS Direct AG and will be returned to the sender at their expense.

    • Timely dispatch is sufficient to meet the deadline.

    • The return is at the customer's expense and risk.

    9. Liability

    Swiss-Ski Store excludes liability to the extent permitted by law for all direct and indirect damages as well as lost profits resulting from the use of the online shop or in connection with orders or contracts concluded via the online shop. In particular, Swiss-Ski Store excludes any liability for slight and moderate negligence. Swiss-Ski also assumes no contractual or non-contractual liability for damages caused by auxiliary persons or force majeure.

    10. Other Provisions

    10.1 Applicable Law and Jurisdiction

    All legal relationships between the customer and Swiss-Ski are exclusively subject to Swiss law, excluding applicable conflict of laws provisions. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and/or contracts between the customer and Swiss-Ski is Bern. Mandatory jurisdictions of applicable federal law remain reserved.

    10.2 Data protection

    By submitting a binding offer according to section 2 "Offer and Contract Conclusion" of these GTC, the customer agrees that their personal data will be used by Swiss-Ski Store in compliance with applicable legal provisions and the privacy policy for the purpose of processing the purchase contract and related advertising purposes. Otherwise, the data protection provisions published on the website apply.

    10.3 Amendments

    Should individual provisions of these GTC be invalid or ineffective or should the GTC contain an unforeseen gap, the validity of the remaining provisions and the GTC as a whole remain unaffected. The invalid or missing provisions shall be replaced by the dispositive law.

    Side agreements, changes, and additions to the GTC must be in writing to be valid. Any changes are only valid if both parties acknowledge them by separate written signature. The customer may only transfer rights and obligations from these GTC to third parties with the written consent of Swiss-Ski.

    August, 2024