General Terms and Conditions (GTC)
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") by the Company Stefan Heini Beisik Products (hereinafter referred to as Beisik Products) apply to all services and products (hereinafter referred to as "Products") of Beisik Products. The customer is any natural or legal person who maintains business relations with Beisik Products. The GTC shall be valid as of the date of conclusion of the contract. The current and binding version of the General Terms and Conditions is published under www.beisik-products.com.
2. Offer and conclusion of contract
A) Products, services and prices, which are published under www.beisik-products.com, are considered non-binding offers. These offers are always subject to the possibility of a delivery impossibility or a faulty price.
B) By placing the selected product in the shopping cart and after entering one`s personal data, the customer gives a right-to-order order of the products contained in the shopping cart by ticking the "I agree with the General Terms and Conditions" box and by clicking the "Buy" button. The confirmation of the order follows immediately after placing the order. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address specified by him / her. The receipt of the automatically generated confirmation of order is not a confirmation that the product is actually available or can be delivered. It merely shows the customer that the order has been received by Beisik Products. The contract is only concluded by sending the declaration of acceptance by Beisik Products, which is sent to the customer via a separate e-mail.
C) If a product is not available, the contract is terminated immediately and automatically. The customer will be informed immediately. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer is exempted from payment. As a result of such a termination of the contract, Beisik Products is not obliged to make a replacement delivery.
Beisik Products carefully maintains its information about the availability of its products and assigns it as correctly as possible. All information on delivery times are without guarantee and are subject to change without notice. Moreover, delivery may be entirely impossible if a product can no longer be manufactured or delivered. Beisik Products shall promptly notify the customer of an impossibility of delivery.
A) The prices listed on the product page contain the statutory value-added tax and other price components and are in Swiss francs (CHF). Payments in foreign currencies are converted at the currently valid exchange rate.
B) The valid prices of the products offered are those that are listed on the website the day the customer places the order.
C) Prices may change due to changes in taxes, fees, import charges or shipping costs.
5. Shipping charges
For orders of 300 Swiss francs (CHF) or more, the shipping costs are paid for by Beisik Products. Shipping costs of orders with a value of less than 300 Swiss francs will be charged in full to the customer. These costs are shown transparently during the ordering process.
All orders are shipped with Swiss Post PostPac Priority. Orders placed from Monday to Friday are usually processed and dispatched within 24 hours. The delivery time in Switzerland is usually 1 - 2 working days, in Europe up to 7 working days. Delivery times are extended if obstacles arise which are beyond our control.
6. Terms of delivery
A) Delivery takes place worldwide. Depending on the individual delivery zone (Switzerland and outside of Switzerland), dispatch times differ as well as shipping costs.
B) Beisik Products is not liable for unavoidable delivery delays, (e.g. due to force majeure, traffic jams, bad weather conditions, etc.) and this does not entitle the customer to withdraw from the contract or to claim damages.
C) Should some of the ordered products be out of stock, Beisik Products is entitled to make partial deliveries.
D) Should the delivery of the products fail due to the customer not being present, Beisik Products can withdraw from the contract after 3 unsuccessful delivery attempts. No refunds for unsuccessful delivery (non-collection, incorrect delivery addresses, etc.)
7. Shipping to adresses within Switzerland, to Europa and the rest of the world
A) All orders are shipped either with Swiss Post PostPac Priority or Economy at the customer`s request. Orders are usually processed and dispatched within 24 hours from Monday to Friday. The delivery time for orders to Swiss adresses is usually 1 - 2 working days, in Europe up to 7 working days, in the other countries between 3 and 10 working days. Delivery times are extended if obstacles arise which are beyond our control.
B) If an item is ordered on a Saturday, Sunday or holiday, delivery will be on the next working day. Before holidays, a longer delivery period must be expected.
The following payment options are available:
If you choose to receive an invoice, we will send you our bank information in a separate e-mail and the customer pays the amount due within 30 days.
B) Credit card
By submitting your order, you also submit your credit card details. After your legitimation as a legal cardholder, we ask your credit card company to initiate the payment transaction, immediately after shipping the products. The payment transaction is automatically carried out by the credit card company and your card is debited.
C) Postfinance Card / Postfinance E-Finance
You need your PostFinance Card Direct, the ID / TC number on the back of the PostFinance Card Direct, and your personal identification number (PIN) on your card. For amounts up to 500 Swiss francs, you only need the PostFinance Card, and for higher amounts your e-finance security elements. You select the item(s) you want to order and place it in the virtual shopping cart. After clicking on "buy", fill out the PostFinance payment details and wait for the confirmation.
9. Cancellation and cancellation of contract
A) Orders are binding according to clause 2 of the GTC. Subsequent modifications at the request of the customer are possible in exceptional cases and at the discretion of Beisik Products. Accordingly, the order may be free of charge, may be canceled for a fee or may not be cancelable at all.
B) In the case of a delivery delay by Beisik Products pursuant to clause 3 of the General Terms and Conditions, the customer has the right to withdraw at the earliest 45 calendar days after receipt of the order confirmation. In case of cancellation due to non-delivery, Beisik Products will reimburse the customer.
10. Test obligation and customer returns
The customer has to check delivered or fetched products immediately for correctness, completeness and integrity. Any defects must be reported to Beisik Products immediately after detection, but at the latest within 5 calendar days after receipt of the product (notification of defect). This does not apply to hidden defects.
When delivered by a service partner (for example, the Postal service), the customer confirms with his signature on the delivery note that there are no obvious defects in the product. Otherwise he has to indicate the defect on the delivery note. This does not apply to hidden defects.
11. Right of Revocation
A) Customers have the right to cancel the contract within 14 days of receipt of the goods. The date of dispatch of the revocation is decisive for compliance with the deadline. A justification of the revocation is not necessary. The declaration of revocation is to be addressed to: Stefan Heini Beisik Products, Rindermarkt 11, CH-8001 Zurich, e-mail: info(at)beisik-products.com.
B) The exercise of the right of revocation leads to the conversion of the purchase contract into a reverse transaction. The customer must return the goods received with the original packaging to Beisik Products within 14 days of declaration of revocation. The cost of returning the goods are borne by the customer.
C) After receipt of the product the purchase price is refunded to the customer. We reserve the right to deduct the purchase price to be refunded for possible damage or missing goods. No deduction will be made if the loss in value is due to a necessary handling of the goods to determine their nature and condition. Beisik Products may refuse repayment until the goods are in its possession again or until the customer has provided proof that it has returned the goods.
D) The right of withdrawal is excluded for the following products:
- Goods manufactured according to customer specifications
- Goods that are clearly tailored to personal needs
In countries outside Switzerland:
E) Private end customers residing in the European Union have the following option instead of a right of withdrawal: Goods which have not been manufactured according to customer specifications or were clearly tailored to the personal needs of the customer can be returned within 14 days of receipt of the goods or after receipt of the necessary information and fulfilment of the information and other obligations in distance selling and e-commerce without giving reasons, provided that the goods are suitable for return due to their nature and the expiration date of the goods would not be exceeded. The timely dispatch of the goods is sufficient to meet the deadline. The return of individual components of a set is only permitted if these components are also offered for sale individually by Beisik Products. The costs for the return shipment shall be borne by the customer.
F) In case of defects, the goods must be returned to Stefan Heini Beisik Products, Rindermarkt 11, CH-8001 Zurich, Switzerland. The return is at the expense and risk of Beisik Products. Obligations to refund payments will be fulfilled within 30 days after receipt of the return. Beisik Products is entitled to deduct any compensation from the purchase price. Returns in the original packaging and enclosing the invoice or delivery note in packaging suitable for safe shipping simplify the process.
A) Returns of products are made at the expense and risk of the customer. All returns are to be sent to the place indicated on www.beisik-products.com under "legal disclosure". The products are to be packaged in the original packaging, with all accessories and in a professional manner.
B) A detailed defect description and a copy of the purchase invoice must be enclosed with the return due to a defect in the product. The cost of returns for which Beisik Products is liable for due to material defects will be refunded to the customer after rectification. However, the risk of transportation lies with the customer. In case of products which do not show any detectable faults or defects, Beisik Products can charge the costs for the inspection as well as the return or the disposal to the customer.
Beisik Products guarantees that the buyer will not receive any defective product. In the case of defects reported in good time, Beisik Products assumes the warranty for flawlessness and functionality of the item acquired by the customer during the statutory warranty period of two years from the date of delivery. It is at the discretion of Beisik Products to provide the warranty by repairing the product free of charge, providing an equivalent replacement product or by refunding the purchase price. Further claims are excluded.
The normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects due to external circumstances are not covered by the warranty. Furthermore, the warranty does not apply if the customer had already known the defects before the purchase or if he had not immediately complied with his/her obligation to notify customer service in accordance with clause 10.
Compensation claims against Beisik Products are, as far as legally permissible, completely excluded. The liability for indirect damages and consequential damage resulting from the use, faulty performance or loss of performance is excluded. This exclusion of liability also applies to all types of direct and indirect damages (i.e. personal injury and damage of property) which are caused by faulty or improper assembly, installation, adjustment, maintenance or repair of the product by the customer.
The company or person entrusted with the execution is liable for defects, delays in performance and damage resulting from the execution of service partner services (for example assembly).
15. Data protection
The data provided to Beisik Products is securely protected and is not passed on to third parties.
An exception is the transfer to our partners for the processing and delivery of the order.
The customer acknowledges that the e-mail traffic can be unsafe. The customer agrees that the supplier will correspond to customers via e-mail and social media (for example Facebook) after incoming orders. The supplier is obliged to keep all data relevant to the purchase contract for 10 years. The customer may at any time request information about the data he records, as well as their modification, correction or deletion.
16. Jurisdiction and applicable law
A) Only the Swiss law, excluding the Viennese purchase law (CISG), is applicable to the contracts.
B) Exclusive court of jurisdiction, subject to appeal to the Swiss Federal Supreme Court.
17. Final provisions
Should any provision of these general terms and conditions be invalid, the remaining provisions shall remain valid. The statutory provisions shall apply instead of the invalid provision. If these GTCs show a gap in the regulation, the provision provided for by Swiss law shall apply to close the gap.
Status as of February 28, 2019