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 product orders placed through the online shop store.swiss-ski.ch (hereinafter online shop) by the customer (hereinafter customer). 

Provisions or general conditions of the customer that conflict with these GTC shall have no validity whatsoever. These GTC shall apply exclusively even if Swiss-Ski Store renders its services without reservation after becoming aware of deviating provisions or general 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 will be published at store.swiss-ski.ch and shall be deemed accepted by the customer from the date of publication, or at the latest upon submission of the product order by the customer (in accordance with section 2 "Offer and Conclusion of Contract" of these GTC).

2. Offer and Conclusion of Contract

All information regarding the offer, i.e. all details on goods, vouchers and individual new memberships and prices in the online shop are non-binding and do not constitute an offer in the legal sense. Swiss-Ski Store expressly reserves the right to change offers at any time. Images in the online shop are for illustration purposes only and are non-binding. 

By submitting the product order as part of the online shop's ordering process, the customer submits a binding offer that the customer can no longer unilaterally modify (this does not affect Swiss-Ski Store's right to modify or reject at any time in accordance with the provisions below). After receipt of the product order, i.e. this binding offer from the customer via the online shop at Swiss-Ski Store, 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 customer's binding offer and therefore no contract is concluded at this point. A contract between Swiss-Ski Store and the customer is only concluded upon dispatch of the goods ordered by the customer to the customer. Swiss-Ski Store remains free, until dispatch to the customer, to reject or not deliver product orders in whole or in part, with or without stating reasons. In this case, the customer will be informed immediately and any consideration already received will be refunded by Swiss-Ski Store as quickly as possible to the same extent and to the payment method used by the customer. 

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

The customer is obliged to provide all information truthfully when concluding the contract and in the event of any registration. 

3. Prices and Discount Vouchers

The prices stated in the online shop are in Swiss francs (CHF), where applicable including applicable statutory value added tax, and are exclusive of any shipping and/or other costs. The prices stated in the online shop are non-binding and may be adjusted or changed by Swiss-Ski Store at any time. The applicable price is the price at the time of the order as displayed during the ordering process (plus any shipping and/or other costs, see section 4 "Delivery" of these GTC below). 

Personal discount vouchers made available by Swiss-Ski Store on a personalized basis cannot be combined or transferred and may only be redeemed personally by authorized individuals. 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 such a case, Swiss-Ski Store shall in no way be liable to the customer. 

4. Identity of the Contracting Party

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

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

5. Delivery

Delivery of the goods shall be carried out by a carrier commissioned by Swiss-Ski Store to the address requested 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 placed by cash on delivery will be communicated during the ordering process. Special shipping conditions may apply to certain product categories. The information provided during the ordering process shall be decisive. The information in the online shop is non-binding and Swiss-Ski Store reserves the right to unilaterally change costs, fees, installation and/or shipping conditions in the online shop at any time. 

The information on delivery times for goods within the ordering process in the online shop is non-binding and may be changed by Swiss-Ski Store at any time, including after receipt of the customer's binding offer or after dispatch of the automatic order confirmation by e-mail. These non-binding delivery time details are based on an order placed on working days by 3:30 p.m. For product orders received by Swiss-Ski Store on weekends, public holidays or on working days after 3:30 p.m., the non-binding delivery times stated within the ordering process in the online shop do not apply. 

6. Payment and Retention of Title

Payment by the customer may be made by credit card (Visa Card or Master Card) or by TWINT. 

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

7. Notice of Defects and Warranty

The customer must inspect the ordered goods immediately upon delivery by the carrier for any defects. Notices of defects must be submitted by the customer to Swiss-Ski immediately, but no later than within 14 days of delivery of the goods to the customer. Defects that were not recognizable during the customer's immediate proper inspection (hidden defects) must be reported to Swiss-Ski Store immediately upon their discovery. 

Swiss-Ski Store provides a warranty for freedom from defects of the ordered goods for a period of two (2) years. The two (2)-year period begins upon dispatch of the ordered goods to the customer. During this period, all defects subject to the warranty will be remedied free of charge, provided the customer has submitted a timely notice of defects. The customer's warranty claims are limited to replacement delivery or rectification of defects, excluding all other potential claims, in particular any compensation for direct (immediate) or indirect (consequential) damages. Swiss-Ski decides at its own discretion whether to provide a replacement delivery or rectification of defects. The warranty claim expires in full for damages resulting from improper handling and use of the goods. In the event of an error in the price announcement or product descriptions, Swiss-Ski is not bound by any incorrect information. In all other respects, the warranty of Swiss-Ski Store is waived to the extent permitted by law. 

8. Right of Return or Withdrawal

The customer may cancel their merchandise order without giving reasons by returning the ordered goods. Other rights of withdrawal are not available to the customer. The cancellation by return must be made no later than 14 calendar days from delivery of the goods to the customer. The customer's sole option for exercising the right of return or withdrawal is to send the goods back by post to the address below:

Swiss-Ski Store
c/o MS Direct AG
Roggenstrasse 5
4665 Oftringen

A return will only be reviewed 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 parcels will not be accepted by Swiss-Ski Store or MS Direct AG and will be returned to the sender at the sender's expense. 

  • To meet the deadline, timely dispatch of the goods is sufficient. 

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

9. Liability

Swiss-Ski Store excludes, to the extent permitted by law, all liability for direct and indirect damages as well as loss of profit arising from the use of the online shop or in connection with merchandise 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 engaged to provide services or by force majeure. 

10. Further Provisions

10.1 Applicable Law and Place of Jurisdiction

All legal relationships between the customer and Swiss-Ski are governed exclusively by Swiss law, with the further exclusion of applicable conflict-of-law rules. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and/or arising from or in connection with a contract between the customer and Swiss-Ski iStore is Bern. Mandatory places of jurisdiction under applicable federal law remain reserved. 

10.2 Data Protection

By submitting a binding offer by the customer in accordance with section 2 "Offer and Conclusion of Contract" of these GTC, the customer agrees that their personal data may 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 Severability Clause

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

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

August 2024

    General Terms and Conditions (T&C) | Swiss-Ski Store | Swiss-Ski Store