Status: 12/2023
General Terms and Conditions and consumer information in the context of purchase contracts concluded via the online store between resyx GmbH – hereinafter referred to as “Seller” – and the customer – hereinafter referred to as “Customer”.
§ 1 Scope of application and general information
(1) Subject to individual arrangements and agreements, which shall take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is contradicted.
(2) The customer is a consumer if he concludes the contract for purposes that cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Resyx GmbH
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
(3) All offers in the seller’s online store merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer’s order, the customer is first sent a confirmation of his order with the seller, usually by e-mail (order confirmation). The order confirmation does not constitute acceptance of the order. After receipt of the customer’s order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation).
(4) The customer can select products from the seller’s range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking on the “Shopping cart” button, the customer receives an overview of the selected products. By clicking the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data entered at any time using the browser functions “Back” and “Next” displayed as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and thereby included them in their application. The seller then sends 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 out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded when the
The contract is concluded upon the seller’s declaration of acceptance, which is sent in a separate e-mail.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract shall be the goods specified by the customer in the order and the order confirmation.
and/or order confirmation for the goods and services specified in the online store.
Final prices. Errors and omissions excepted, in particular with regard to the availability of goods.
concerns.
(2) The quality of the ordered goods is determined by the product descriptions in the online store.
Images on the website may not accurately reflect the products; colors in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract.
In this case, he shall reimburse any payments already made by the customer without delay.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company shall take place no later than two days after receipt of payment, in the case of cash on delivery no later than two days after order confirmation. The delivery time is up to
up to five days. The seller will indicate any deviating delivery times on the respective product page.
(2) Delivery is only made within Switzerland.
(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer shall receive an invoice with
Value added tax.
§ 5 Payment
Payment is made in advance (credit cards, Twint, bank transfer) or by invoice (Powerpay).
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer’s statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be submitted to the address given in the provider identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 10 Right of return
The return of goods delivered in accordance with the contract is excluded unless otherwise agreed in writing.
§ 10 Liability
The statutory regulations apply.
§ 11 Contract text
The text of the contract is stored on the seller’s internal systems. Customers can view the General Terms and Conditions at any time in their customer account. The order data and the GTC are sent to the customer by e-mail. Once the order has been completed, the order data is no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contract language is German.
(2) Contracts between the Seller and the Customer shall be governed by Swiss law to the exclusion of the laws on the international sale of goods. This choice of law applies to consumers only insofar as the protection afforded to the customer by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer does not have a general place of jurisdiction in Switzerland or if his domicile or habitual residence is unknown at the time the action is brought.
Source: Rechtsanwalt Metzler – Lawyer for competition law, trademark law and copyright law