1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of usage rights for digital content
7. Retention of Title
8. Liability for defects (warranty)
9. Special conditions for the processing of goods according to certain specifications of the customer
10. Redemption of campaign vouchers
11. Redeeming gift vouchers
12. Applicable Law
13. Alternative Dispute Resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of the company Kristallhimmel N. Suter (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the dated The seller concludes the goods displayed in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless expressly stipulated otherwise.
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.4 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use regulated more precisely in these terms and conditions.
1.6 The subject of the contract can - depending on the seller's product description - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as "subscription contract"). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent 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 using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone or email.
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), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting 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. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 When paying using one of the payment methods offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
4.5 If you select a payment method offered by the "PostFinance" payment service, payment will be processed by PostFinance AG (publ), Mingerstrasse 20, 3030 Bern, Switzerland (hereinafter "PostFinance"). More information and the PostFinance terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
- by download
5.5 Vouchers are given to the customer as follows:
- by download
5.6 Shipping time
- Normally, products that are in stock are handed over to our carrier within 7 days, who then transports them directly to the customer. In the case of customizable products, production usually takes between 7-10 days. Products that are temporarily out of stock with us have to be re-ordered from us. Since we have different procurement times depending on the supplier, it can happen that individual products cannot be shipped within 7 days.
- Seller cannot be held responsible for late delivery.
6) Granting usage rights for digital content
6.1 Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive right, unlimited in terms of location and time, to use the content provided exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. A transfer of rights does not take place through such a provisional permit.
7) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 Stones can have natural cracks. These are not recognized as a defect.
8.2 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all the content required for processing such as texts, images or graphics in the file formats, formatting, and image specified by the operator - and file sizes available and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2 The customer exempts the seller from claims by third parties that the seller can assert against the customer in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
10) Redemption of campaign vouchers
10.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
10.3 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
10.4 Only one campaign voucher can be redeemed per order.
10.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
10.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10.9 The campaign voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
11) Redeeming gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
11.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
11.8 The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
12) Applicable Law
Swiss law applies to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.