GTC General Terms and Conditions for Sales of Goods by Consumers in the goldline24 Online Shop of PUBLIbusiness24 AG, Rosenweg 3, 6340 Baar ZG, Switzerland (goldline24 - as of 30 September 2023) § 1 Scope (1) The following terms and conditions are an integral part of every contract between PUBLIbusiness24 AG, Rosenweg 3, 6340 Baar ZG, Switzerland represented by its Managing Director Mr. Franco Bernasconi, resident there (hereinafter: SELLER) and such customers who as consumers purchase goods from PUBLIbusiness24 AG in the online shop of goldline24. A consumer is a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. (3) If you have any cause for complaint, you can contact us using the details set out in paragraph 1. § 2 Conclusion of contract / language of contract (1) The presentation of the goods, in particular on the Internet, does not constitute a binding offer by the SELLER. (2) An order via the goldline24 online shop is only possible for consumers if they have previously received a recommendation from a goldline24 sales partner. This can either be the direct link to the subdomain of the sales partner or an ID that the customer enters in the goldline24 online shop as part of the order. (3) The customer can select goods from the offer at will and place them in the shopping cart by clicking the button "add to shopping cart". The customer can empty the shopping cart at any time by changing the number of products or ending the ordering process by closing the browser window. The changes can be made using the mouse and keyboard. (4) By clicking on the button "go to shopping cart", the customer is forwarded to the "checkout", provided that he is already logged in. If the customer is not yet logged in, he will be forwarded to a page where he can register as a new customer if he does not yet have any access data or log in as an existing customer. New customers can only register as a customer via a referrer. To do so, they need the name or ID of the goldline24 partner, which they enter in the registration form for customers. If you place your order as a customer via a direct subdomain of a goldline24 partner, this information is not required. (5) After successful registration and confirmation of the delivery address, the customer receives an overview of the order on the page that now appears and can select the shipping method and the payment method there. Then, on the same page, the customer must take note of the General Terms and Conditions ("GTC") as well as the information on the right of withdrawal and confirm that he/she has taken note of them by actively placing a "tick" at the specified point. If no more changes are to be made to the order, the ordering process can be completed and a binding order placed by clicking on the button "buy with costs". (7) We store your order and the order data entered by you. § 4 Delivery and shipping conditions / shipping costs (1) The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. (2) Delivery is currently possible to the following countries: Denmark, Germany, Great Britain, Liechtenstein, Norway, Austria, Sweden and Switzerland. The delivery period is 5 working days for deliveries to Switzerland or Liechtenstein and 10 working days for deliveries abroad. The delivery period begins with payment. (3) The shipping costs are already included in the product prices offered in the goldline24 online shop, so that the BUYER does not incur any further shipping costs. (4) If the SELLER incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, the non-acceptance or non-collection of a delivery, these costs are to be reimbursed by the customer, unless he is not responsible for these circumstances. § 5 Terms of payment; prices (1) Unless otherwise agreed, we deliver against advance payment. (2) Unless otherwise agreed, we accept as payment: bank transfer, advance payment, credit card, Paypal (3) All prices are to be understood as total prices including the statutory value added tax and shipping costs. § 6 Retention of title The goods remain the property of the SELLER until payment has been made in full. § 8 Cancellation policy Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods To exercise your right of withdrawal, you must send us PUBLIbusiness24 AG E-Mail: info@goldline24.com by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period. Consequences of revocation If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse the repayment until we have received the goods back and inspected them. Exceptions to the right of withdrawal There are legal exceptions to the right of withdrawal, whereby we reserve the right to invoke the following regulations vis-à-vis you: A right of withdrawal may expire prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Sample cancellation form If you wish to cancel the contract, please fill in this form and send it to PUBLIbusiness24 AG E-Mail: info@goldline24.com - I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*) / the provision of the following service (*) - Ordered on (*) / received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in the case of notification on paper) - Date (*) Delete as applicable)
§ 9 Liability for defects / limitation of liability (1) The customer is entitled to a statutory right of liability for defects. With regard to liability for defects, the statutory provisions shall apply unless otherwise provided for in the following limitations of liability with regard to damages. (2) The SELLER shall only be liable - with the exception of injury to life, body and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods) - for damage attributable to intentional or grossly negligent conduct on the part of the SELLER. This also applies to indirect consequential damages such as in particular loss of profit. (3) Furthermore, the SELLER shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place 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 for the contract. The SELLER shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. § 10 Applicable Law; Place of Jurisdiction; Contractual Language (1) All disputes arising in connection with the initiation, execution or settlement of the contractual relationship between the SELLER and the customer shall be governed exclusively by Swiss law, unless mandatory consumer protection provisions of the country in which the customer has his habitual residence take precedence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. (3) The contractual language is German. § 11 Severability clause Should individual provisions of these GTCs be invalid in whole or in part, the remaining GTCs shall remain valid. § 12 Information on dispute resolution (1) The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr. (2) The SELLER shall always endeavour to settle any differences of opinion arising from the contractual relationship in an amicable manner. However, the SELLER does not participate in proceedings at a state-recognised consumer arbitration board. Legal recourse is open at all times. You can reach us at any time by e-mail: info@goldline24.com. |