General Terms And Conditions
General terms and conditions
1. Scope of application
1.1 The business relationship between Eastwards GmbH, Grenzweg 36, 4107 Ettingen, Switzerland (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections on weekdays from 8:00 - 16:00 hours at the telephone number +41 786 945 950 or by e-mail at firstname.lastname@example.org.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.4 Deviating conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and descriptions of services
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last" unless otherwise stated in the products.
3. Order process and conclusion of contract
3.1 The Customer may select products from the Seller's range without obligation and collect them in a so-called shopping basket via the button [in the shopping basket]. The Customer can then proceed to the completion of the order process within the shopping basket via the [Continue to checkout] button.
3.2 Using the [Buy] button, the Customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the Customer may change and view the data at any time. Required information is marked with an asterisk (*).
3.3 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print using the "Print" function (order confirmation). The automatic acknowledgement of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the Seller has dispatched or handed over the ordered product to the Customer within 14 days or has confirmed the dispatch to the Customer within 14 days with a second e-mail, express order confirmation or dispatch of the invoice or in any other form.
3.4 If the seller allows prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the Seller within 10 calendar days after dispatch of the order confirmation despite the due date, even after renewed request, the Seller shall withdraw from the contract with the consequence that the order shall be void and the Seller shall not be obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. Returns and refund policy
4.1 In addition to your statutory rights which are not affected, we grant you a contractual 30 day period, beginning on the date you receive the products, to return the products to us without giving any reason. In event of any return under this contractual right, save as otherwise set out in point 9 concerning defective products you will be refunded the price paid for the returned products only, delivery and other costs will not be refunded.
4.2 You may exercise your contractual right of cancellation in accordance with the provision of your statutory rights, however you should inform us about your intention of withdrawing from the Contract after the statutory term for withdrawal, you shall, in any case, send the products over to us within the 30 day term as from the delivery date.
4.3 The merchandise being subject of the complaint should be delivered in its original packaging together with all original accessories it was delivered with. The parcel should also include a copy of the purchase document and the description of the defect.
4.4 Please, take reasonable care of the product and, before returning it, make sure that the merchandise:
- has not been used,
- has not been damaged,
- is in the original condition and packaging,
- is returned with a purchase document (invoice/receipt).
4.5 The return of the merchandise will be accepted only if the production of it has not been subject to individual selection or specification by the consumer or which is not clearly tailored to the consumer's needs.
4.6 Until the products are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take care of the products while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
4.7 Reimbursement will be without undue delay and in any event not later than 28 days from the day we have received back from you any products supplied.
4.8 We will reimburse you using the same means of payment as you used for the initial transaction. You exercise this contractual right of cancellation by sending back the products to us to:
For Switzerland: Eastwards GmbH, Grenzweg 36, 4107 Ettingen
For EU/Rest of the World: Eastwards GmbH, c/o LAS Burg 11123, Hauptstrasse 396, D-79576 Weil am Rhein, Germany
without undue delay and in any event not later than 30 days from the day on which you receive the products. The deadline is met if we receive the products before this 30 day period has expired.
4.9 In addition to your statutory rights in relation to defective products, we offer the following contractual right in respect of defective products. In circumstances, where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via our email address (email@example.com), or you can contact us by the telephone on +41786945950. Afterwards you should return the product to us at the address you receive with the product on delivery. We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via email within a reasonable period of time. We will usually process the refund or placement as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for always be credited on to the same card or method of payment used to make the purchase. This clause does not affect your statutory rights.
5. Prices and shipping costs
5.1 All prices quoted on the Seller's website are inclusive of the applicable statutory value added tax.
5.2 In addition to the prices quoted, the Seller shall charge shipping costs for the delivery. The shipping costs shall be clearly communicated to the Buyer on a separate information page and as part of the ordering process.
6. Delivery, availability of goods
6.1 If advance payment has been agreed, delivery shall take place after receipt of the invoice amount, unless otherwise communicated.
6.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the customer.
6.3 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
6.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will immediately refund to the Customer any consideration already paid.
6.5 Customers shall be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
7. Payment Options
7.1 The customer may choose from the available payment methods within the framework of and before completion of the order process. Customers shall be informed of the means of payment available on a separate information page.
7.2 If payment by invoice is possible, payment must be made by the payment date on the invoice after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3 If third party providers are commissioned with the payment processing, e.g. Paypal, Stripe, SOFORT their general terms and conditions apply.
7.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest. Interest may not be calculated as a gesture of goodwill on the part of the seller, but this is not the norm.
7.5 The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
7.6 The customer is only entitled to a right of set-off if his counter claims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7.7 Possible deductions such as discounts or rebates from the invoice amount can be negotiated with the seller.
7.8 In the case of order production, the Seller reserves the right to invoice partial invoices for the entire invoice amount as advance payments, if already known. The remaining amount is due with the final invoice.
8. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
9. Warranty for material defects and guarantee
9.1 The warranty shall be governed by statutory provisions.
9.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before the ordering process is initiated.
9.3 All goods may have air bubbles of up to 2 mm and hairline cracks on the surface. This does not constitute a defect in the goods.
9.4 The colours and surfaces of the goods may differ from the submitted pictures and any colour samples sent and therefore do not constitute a defect. In such cases, the goods shall only be taken back as a gesture of goodwill on the part of the Seller.
9.5 The surfaces of the goods can show cloudy drying patches, which likewise cannot be claimed as material defects.
9.6 If, despite a defect, the goods are nevertheless accepted by the buyer after consultation between the buyer and seller, the seller does not assume any warranty for the goods.
9.7 In the case of the sale of labelled B-goods, the seller shall not take back the goods, provided that the defects of the B-goods have been communicated in advance.
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory conditions for claims.
10.2 The Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.4 The foregoing limitations of liability shall not apply in the event of death, personal injury or damage to health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects.
10.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and commercial agents.
11. Storage of the contract text11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the General Terms and Conditions together with instructions on revocation and information on changes to the General Terms and Conditions.
12. Final provisions
12.1 The legal ineffectiveness of any of the above provisions does not entail the ineffectiveness of the remaining provisions. Rather, any ineffective provision is to be replaced by such an effective provision as corresponds to the economic purpose of the former.
12.2 All relations between the Seller and the Customer are governed by the law of Switzerland.
12.3 Basel is the venue for all disputes arising from or in the context of contracts between the Seller and the Customer .